17:00
@Mostlylegal: gotta circle dat, no flickin
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LSDefine
Simple English definitions for legal terms
dispositive fact
Read a random definition: qualified intermediary
A quick definition of dispositive fact:
A dispositive fact is a fact that can solve a legal problem all by itself. If this fact is proven to be true, it can end the lawsuit. For example, if someone is accused of hitting another person, but it can be proven that they were never in the same place at the same time, the case will be dismissed because hitting could not have happened. If there is a disagreement about a dispositive fact, the court cannot make a decision without a trial.
A more thorough explanation:
A dispositive fact is a fact that, if proven with necessary certainty, can resolve a legal dispute on its own. This means that if a dispositive fact is established, it can lead to the resolution of the entire lawsuit.
For example, in a battery claim, if the plaintiff can prove that the defendant never made contact with them, then there could not have been a battery. This fact would be dispositive, and the court could dismiss the claim without analyzing the other elements of battery.
Another example of a dispositive fact could be in a breach of contract claim. If the defendant can prove that they never signed the contract, then there could not have been a breach. This fact would be dispositive, and the court could dismiss the claim without analyzing the other elements of breach of contract.
It is important to note that if a dispositive fact is in dispute, a court cannot grant summary judgment. This means that the case must go to trial, and the factfinder (either a judge or a jury) must determine the truth of the dispositive fact.