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Simple English definitions for legal terms

Summary Judgment

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A quick definition of Summary Judgment:

Summary judgment is a decision made by a court without having a full trial. It happens when one party asks the court to make a decision based on the facts of the case, and the judge decides that there is no need for a trial because there are no important facts in dispute. This means that the party who asked for summary judgment wins the case without having to go to trial.

A more thorough explanation:

Definition: Summary judgment is a legal decision made by a court without a full trial. It is entered for one party and against another party.

Overview: In civil cases, either party can request a pre-trial motion for summary judgment. This means that they are asking the court to make a decision without going through a full trial. To succeed in a motion for summary judgment, the party making the request must show that there is no genuine dispute about any material fact and that they are entitled to judgment as a matter of law. Material fact refers to any facts that could allow a fact-finder to decide against the party making the request.

Examples: For example, in a car accident case, the defendant may request summary judgment if they believe that there is no dispute about who caused the accident. If the judge agrees, they will enter a judgment in favor of the defendant without a full trial.

Procedural Notes: Judges may grant partial summary judgment, which means that they may rule on some factual issues but leave others for trial. When considering a motion for summary judgment, the judge will view all evidence in the light most favorable to the party opposing the motion. If the motion is granted, there will be no trial, and the judge will immediately enter judgment for the party making the request.

Further Reading: For more information on summary judgment, you can read this Florida State University Law Review article, this New York Law Journal article, and this Oklahoma City University Law Review article.

summary adjudication | summary probate

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