Summary judgment is applicapable to civil cases wherein both or all parties have submitted their petitions and/or briefs and neither side disputes the facts of the case. The question of the case then becomes one of law. When neither side disputes the facts of the case, either side may submit a motion for summary judgment. The judge then makes a determination as to the legal issue involved. If the law is on the side of the party who submitted the motion for summary judgement, the judge will sustain the motion. This means that, for instance, if I am a party, the facts in the case are not in dispute, and I am asking for a monetary amount of say, $100k, and I submit a motion for summary judgment, which is sustained by the court, there is no trial on the matter and the judge orders the other party pay me my 100K.
2007-06-26 08:57:02
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answer #1
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answered by higs_field 2
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to more clearly state LPD' answer, summary judgement is a determination of the court based on the facts as presented. The entire case is decided on the motions and pleadings and evidence as entered WITHOUT trial.
A material fact is one which might affect the outcome of the case under governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). To preclude summary judgment, the dispute about a material fact must also be "genuine," such that a reasonable jury could find in favor of the non-moving party. Id.
2007-06-26 08:55:40
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answer #2
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answered by hexeliebe 6
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Summary Judgment is a final ruling by a court only when there is no dispute as to any material fact in the case and a certain party is entitled to a ruling in their favor based on the letter of the law.
2007-06-26 08:51:45
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answer #3
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answered by Law 5
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It's a motion brought before the judge to dismiss the case.
2007-06-26 08:45:05
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answer #4
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answered by ks 5
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It is the final decision of a court.
2007-06-26 08:44:48
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answer #5
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answered by msi_cord 7
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