What best describes the bases for legal contentions under Rule 11?

What best describes the bases for legal contentions under Rule 11?

• A. Existing law only
• B. Nonfrivolous argument for extending or modifying existing law
• C. Existing law or nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law
• D. Any belief the attorney holds

Answer: (C)

Rule 11 requires that a party’s legal contentions be warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. This ensures that the arguments put before the court have some legal basis or a credible, nonfrivolous theory for changing or adding to the law. The option that states both existing law and a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law best captures the full standard. The other options are too narrow or wrong: existing law alone omits the possibility of a nonfrivolous argument for changing or creating law; focusing only on extending or modifying existing law excludes reversing or establishing new law; and allowing any belief would undermine the requirement that contentions be legally warranted.

Rule 11 requires that a party’s legal contentions be warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. This ensures that the arguments put before the court have some legal basis or a credible, nonfrivolous theory for changing or adding to the law. The option that states both existing law and a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law best captures the full standard. The other options are too narrow or wrong: existing law alone omits the possibility of a nonfrivolous argument for changing or creating law; focusing only on extending or modifying existing law excludes reversing or establishing new law; and allowing any belief would undermine the requirement that contentions be legally warranted.