In a legal dispute, there are two or three aspects to any claim or charge.
One, did the defendant do the bad thing (crime, tort, breach of contract, etc.) Two, if so, did the defendant have a valid defense which allows them to escape liability. Three, if not, what punishment (or damages) are appropraite.
Normally a trial presents evidence toward all three parts at the same time, intermixed in any order.
The motion asks to resolve the first part before even addressing either of the other parts. It's a tactical move, usually only allowed in civil court, often to prompt a settlement.
2007-03-16 07:18:27
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answer #1
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answered by coragryph 7
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