summary judgment

summary judgment
summary judgment see judgment 1a

Merriam-Webster’s Dictionary of Law. . 1996.

summary judgment
If the person against whom a claim has been made and who has been served with a writ or summons fails to appear at the first hearing or does not present a viable defence, the court may award judgement against him without the matter going to a full hearing.

Easyform Glossary of Law Terms. — UK law terms.


summary judgment
n.
A judgment that ends a lawsuit without trial in a case where a judge finds that there is no genuine issue of material fact and thus no need to send the matter to a jury.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


summary judgment
a judgment in a summary cause.

Collins dictionary of law. . 2001.


summary judgment
A final decision by a judge, upon a party's motion, that resolves a lawsuit before there is a trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that there are no "triable issues of fact." Summary judgment is awarded if the undisputed facts and the law make it clear that it would be impossible for the opposing party to prevail if the matter were to proceed to trial.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

summary judgment
A court judgment, given at an early stage, finding for a party without a full trial of the issues and hearing of evidence on the basis that the claim, defence or issue has no real prospect of success.

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


summary judgment

Webster's New World Law Dictionary. . 2000.


summary judgment
A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law.

Dictionary from West's Encyclopedia of American Law. 2005.


summary judgment
I
A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law.
 II A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

summary judgment
n.
   a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. The theory behind the summary judgment process is to eliminate the need to try settled factual issues and to decide without trial one or more causes of action in the complaint. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom the motion is made.

Law dictionary. . 2013.

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Look at other dictionaries:

  • summary judgment — UK US noun [C or U] LAW ► a legal process in which a court makes a decision based on the facts that have been provided, without ordering a trial: »The theory of summary judgment is that judges may rule for one side or the other only after finding …   Financial and business terms

  • summary judgment — n. judgment rendered without a trial, as when there is agreement among the parties as to the material facts and only a question of law needs to be resolved …   English World dictionary

  • Summary judgment — For the simplification and shortening of a longer text, see Summary. Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal… …   Wikipedia

  • summary judgment — A judgment in a summary proceeding, as one rendered pursuant to statute against the sureties on a bond furnished in an action. 50 Am J1st Suret § 209. A judgment in certain actions specified in the statute providing the remedy, rendered upon… …   Ballentine's law dictionary

  • summary judgment — Procedural device available for prompt and expeditious disposition of controversy without trial when there is no dispute as to either material fact or inferences to be drawn from undisputed facts, or if only question of law is involved. American… …   Black's law dictionary

  • summary judgment — noun a judgment rendered by the court prior to a verdict because no material issue of fact exists and one party or the other is entitled to a judgment as a matter of law • Syn: ↑summary judgement, ↑judgment on the pleadings, ↑judgement on the… …   Useful english dictionary

  • summary judgment — noun Date: 1798 judgment that may be granted upon a party s motion when the pleadings, discovery, and any affidavits show that there is no issue of material fact and that the party is entitled to judgment in its favor as a matter of law …   New Collegiate Dictionary

  • summary judgment — Law. a judgment, as in an action for debt, that is entered without the necessity of jury trial, based on affidavits of the creditor and debtor that convince the court that there is no arguable issue. * * * …   Universalium

  • summary judgment — noun The determination by a court that no factual issues are in dispute, and that the legal issues require the case to be decided in favor of one party or the other …   Wiktionary

  • summary judgment — n. final decision made by a judge prior to a verdict that resolves a lawsuit in favor of one of the parties …   English contemporary dictionary

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