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
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