The definition of "summary judgment" from Black's Law Dictionary is "a judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law." It's basically a grease-the-wheels method that allows for a speedy disposition of a case without the need for a trial.
A summary judgment can be granted if a complainant or plaintiff brings a case to trial and the defendant fails to appear. More often, however, it happens when someone sues and the person suing has a case that is so airtight that the defense cannot bring any of the facts or applicable law into question.
2007-12-13 04:16:31
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answer #1
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answered by Anonymous
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after the court has reviewed all of the pleadings, motions and all documents filed in the case, if the court determines there is no genuine issue of fact, the court may enter judgment in favor of the moving party.
If the court finds there are no real facts in dispute, the court may decide the case based on the law. You only have a trial if there are facts in dispute.
Typically the plaintiff and the defendant will both file motions for summary judgment after all discovery is completed. Discovery includes depositions, requests for production of documents, inspection of property and interrogatories. Each side will present what it thinks to be the facts in the case and then why they should win. If both sides agree that the facts are not in dispute (which in my experience never happens), then the court can rule. If the two sides do not agree the court can rule there really is no factual dispute and enter judgment.
Often when the two sides disagree on the facts (which is most of the time) and the court enters summary judgment, it is appealed. If the court of appeals finds a material factual dispute, the case is remanded to the trial court for trial.
Most of the time a plaintiff wants to keep the case going as long as possible as this helps motivate the defendant to settle the case for more money. The defendant wants the case to end quickly as this will be cheaper for them. Therefore a plaintiff will be happy to survive summary judgement (and on cloud nine to be granted S.J.). The defendant wants summary judgment so they can consider filing an action for malicious prosecution against the plaintiff. That is about the only way a defendant will recover their costs for defending the case. There are exceptions to this which vary from state to state and case to case.
2007-12-13 04:22:38
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answer #2
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answered by hensleyclaw 5
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Define Summary Judgement
2016-11-07 03:56:44
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answer #3
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answered by ? 4
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In South African law (based on the English system) it means that, under certain circumstances, like after issuing a summons based on a dishonored cheque, the plaintiff can obtain judgment after the defendant entered appearance to defend without having to go through the litigation process. It saves time and money.
2007-12-13 04:17:17
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answer #4
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answered by Jaco W 3
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A summary judgment is issued without a trial. Various things can lead to it but generally it means that one side does not have a strong enough case to warrant a trial.
2007-12-13 04:14:51
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answer #5
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answered by C B 6
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That the Plaintiff wins the case without a trial. The judge looked at the moving papers and stated that the respondent had no defense, or did not show to fight the complaint.
2007-12-13 04:12:43
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answer #6
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answered by Songbyrd JPA ✡ 7
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The right to have a Judge examine the stories and evidence of both sides of a dispute. He then will decide if the if the Plaintive has enough on his side to go to a trial,
2007-12-13 04:14:05
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answer #7
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answered by Sentinel 5
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Address is refering to handling with or dealing with what customers expect from proofing equipment. Their concerns and what they want the equipment to do.
2016-04-09 00:48:00
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answer #8
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answered by ? 4
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in india it means case was for harrassment.
Judge is spared writing lenghty judgment
2007-12-13 04:22:10
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answer #9
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answered by Anonymous
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Or they won part of their case (one or more claims).
2007-12-13 04:13:33
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answer #10
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answered by Matt Flaschen 6
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