Vexatious, Frivolous or In Bad Faith Action Law and Legal Definition

"Frivolous action is one that is groundless with little prospect of success; often brought to embarrass or annoy the defendant; whereas "vexatious has both a subjective and objective element; subjectively the government must have acted maliciously or with an intent to harass the Defendant; objectively, the action must be deficient or without merit;" and finally, "bad faith is not simply bad judgment or negligence, but rather it implies the conscious doing of a wrong because of dishonest purpose or moral obliquity; it contemplates a state of mind affirmatively operating with furtive design or ill will." [United States v. Ness, 2010 U.S. Dist. LEXIS 33177, 7-8 (S.D.N.Y. Apr. 5, 2010)]