summary judgment
Common Legal Terms
A pre-trial judgment given on the basis of pleadings, affidavits, and exhibits presented for the record by way of a motion. It is used when there is no genuine issue of material fact and one party is entitled to a judgment as a matter of law. See FRCP 56.
A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
- — Justice 101 Legal Terms Glossary retrieved 2014-05-28
A decision made on the basis of statements and evidence presented for the record without a trial. It is used when it is not necessary to resolve any factual disputes in the case. Summary judgment is granted when - on the undisputed facts in the record - one party is entitled to judgment as a matter of law.
Law
Either party can make a motion (a request) that the Court decide the case based solely on the pleadings or documents that have been filed. The party asking for summary judgment is basically saying that even if you presume that everything the other party says is true, the other party still could not possibly win; therefore, the Court should award judgment to the party making the motion, immediately and without any further hearing. Summary judgment is rare.
- — Legal Terms Dictionary retrieved 2014-06-05
Bankruptcy
A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgment as a matter of law.
Court
A judgment granted when there is no question about any facts that would change the outcome of the case, and the party asking for summary judgment is entitled to win as a matter of law.
- — Appeals Court Glosssary retrieved 2014-06-15