Courts generally presume that a lawsuit has been filed in good faith, and a party moving for sanctions against the party who filed a lawsuit or claim must overcome this presumption to prove abuse of the judicial process. Thus, courts distinguish between (1) claims that are ultimately found to be merely groundless (and thus not sanctionable) and (2) claims that are ultimately found to be both groundless and brought in bad faith or for the purpose of harassment (and thus sanctionable). The sanctions rules generally do not require a party or its attorney to be right; they require the party or its attorney to make a reasonable inquiry into the facts and the laws related to the claims.

Contempt of court is broadly defined as disobedience to or disrespect of a court by acting in opposition to its authority. Contempt of court may be punished by the court with civil and criminal sanctions or penalties.

In South Carolina, as in other jurisdictions, there is a legal presumption that lawsuits are filed in good faith. For a party to face sanctions for filing a lawsuit, the opposing party must demonstrate that the lawsuit was not only groundless but also filed in bad faith or for purposes of harassment. South Carolina courts adhere to rules similar to the Federal Rules of Civil Procedure, which require that attorneys and parties conduct a reasonable investigation into the facts and applicable law before filing claims. This does not mean that a party or its attorney must always be correct in their legal positions, but they must exercise due diligence in their pre-filing inquiry. Regarding contempt of court, South Carolina recognizes both civil and criminal contempt. Civil contempt typically involves failure to comply with court orders and is remedial, aiming to compel compliance. Criminal contempt involves actions that disrespect or challenge the authority of the court, and it is punitive, aiming to preserve the court's authority and punish the disobedient party. Sanctions for contempt can include fines, imprisonment, or other penalties as deemed appropriate by the court.