In Law, a valid claim or colorable claim is a claim that is strong enough to have a reasonable chance of being determined both valid based upon its being sufficiently supported by law and provable fact to be plausibly proved in court. [1]
United States (Federal) law
Valid claim is used in a number of different contexts in Federal law.
Within the area of United States patent law, a valid claim is a claim of an issued and unexpired, legally enforceable patent. [2]
Under US bankruptcy law, a creditor must have a valid claim in order to attend the creditors' meeting and to collect all or part of a debt.
A valid claim is used to describe beneficial interest in antiquities under the Native American Graves Protection and Repatriation Act (NAGPRA) of 1990. [3]
Liens
A lien must be based on a valid claim. [ citation needed] Under Texas law, a mechanic's lien must have a valid basis. [4] Under New York law, a lis pendens, or notice of pendency of a claim against real property, must be valid, such as a pending divorce lawsuit. [ citation needed] Under the law of most states, a claim against an estate must be proven or validated. [5]
References
- ^ "Colorable Claim". Wex. Cornell Law School. Retrieved 15 October 2021.
- ^ "Valid Claim". SEC. Securities & Exchange Commission. Retrieved 15 October 2021.
- ^ Note, Does museum have valid claim to native antiquities?, The Honolulu Advertiser, August 8, 2004, found at moolelo.com web site. Retrieved September 5, 2007.
- ^ David D. Peden, Texas Mechanic's Lien and Bond Claim Law: The Construction Lien, found at Findlaw Library web site
- ^ See, e.g., Wallace v. Hill, 249 P.2d 452, 1952 OK 325 (1952). Found at Lindlaw.com web site