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Summary Judgment

Summary Judgment

Summary judgment resolves legal disputes based on affidavits and legal briefing without a full trial, used when there is no genuine issue of material fact.

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Definition

Summary judgment is a judgment awarded on the basis of affidavits and legal briefing rather than on the basis of evidence introduced at a trial.

Purpose

The purpose of summary judgment is to resolve legal disputes without the need for a full trial, typically used when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Examples of Use

  • In civil litigation, a party may file for summary judgment to expedite the resolution of a case without a trial.
  • Contract disputes may be resolved through summary judgment if the facts are undisputed and only legal questions remain.
  • Summary judgment is often used in employment law cases to determine liability based on undisputed facts.

Related Terms

  • Affidavit: A written statement made under oath, used as evidence in court.
  • Motion: A formal request made to a court for an order or judgment.
  • Trial: A formal examination of evidence in court to determine the outcome of a legal dispute.

Notes

Summary judgment can save time and resources by avoiding a lengthy trial, but it requires a clear demonstration that there are no disputed facts warranting further examination.

Related Terms