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A summary judgment is granted only if there is no genuine question of law?
Wiki User
∙ 12y ago
True.
Summary judgment will be granted only if there are no genuine question of fact and the sole question is a question of Law.
Wiki User
∙ 12y ago
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How enforceable is a summary judgment?
A summary judgment is just as enforceable as any other judgment. The only difference between a summary judgment and a judgment after a trial is that a summary judgment is granted when the court believes that a trial is unnecessary. A trial would be unnecessary if the facts of the case are either undisputed or conclusively established. Once that is shown, then the court can grant a summary judgment after a proper motion is filed.
Can someone show an example of a case where a motion for a summary judgment will be granted?
Summary judgment is granted when there is no dispute as to any of the material facts in the incident that caused the lawsuit so that, as a matter of law, one party or the other is entitled to judgment as a matter of law. In a suit on a credit card bill, if the defendant does not dispute that he is responsible for the full amount claimed by the credit card company, but just won't pay it, the plaintiff is entitled to summary judgment without having to go to trial because the defendant admits the debt. There is no genuine issue of material fact that has to be resolved by trial. Now if the defendant denies that he is responsible for all or part of the debt (for instance if the card had been stolen and charges were billed for purchases not made by the defendant but the credit card company does not believe him) there is an issue of material fact that has to be determined at a trial. The issue is did the defendant actually make the charges or not. Summary judgment cannot be granted as long as there is a genuine issue.
What happens when a motion for summary judgment is granted against you?
I have found that when this is granted, the other party may file objection to, request to readdress, or appeal the judgement.
Under what two conditions is motion for a summary judgment appropriate?
(1) there must be no genuine issues of material fact, and (2) the movant must be entitled to judgment as a matter of law.
What do you do after a summary judgment has been granted against you?
Recourse? What do you mean by "recourse"? Do you mean what are your options?One option is to do nothing and get a summary judgment against you by default. Not a wise move unless you have no defense to a motion for summary judgment and the moving party does not seek extreme measure from you.You should file a motion in opposition to the motion for summary judgment, putting forth the facts and the law as to why the moving party is not entitled to the granting of a motion for summary judgment.A motion for summary judgment is required to clearly show that given the undisputed facts in the case (facts you have admitted to as being true), the petitioner is entitled to a certain remedy in the form of judgment as a matter of law.So, dispute the facts necessary for them to get summary judgment and dispute the application of the law that they reference as most applicable and appropriate in your case. If you successfully dispute the facts required to get summary judgment and/or you dispute the application of the law that they reference, then their motion for summary judgment will likely fail.AnswerFortunately for you, all reasonable inferences the court must make will be decided in favor of the non-moving party (you). Keep in mind that summary judgment cannot be obtained or defeated by speculation or conjecture alone; there must be specific, concrete facts that establish the claim. If you believe that you are entitled to summary judgment, you may file a cross motion for summary judgment, which details why you are entitled to a summary judgment against the other party. In that case, you will be held to the same standard of proof as the person who is requesting summary judgment against you.
What does a summary judgment entail legally?
A summary judgment is a legal decision made by a judge in a civil case when no trial is necessary because there are no genuine disputes over the material facts of the case. It is typically granted when one party demonstrates that there is no need for a trial because the evidence in the case is clear and one party is entitled to judgment as a matter of law.
How do you write a defendants motion for summary judgment?
You lay out the material facts and establish that there is no genuine issue of material fact and show the Court that you are entitled to judgment in your favor as a matter of law. Meaning even if all the allegations from the other side are taken as true, you win based upon the law. Summary judgment can be as to all or just part of the issues in a case. The Court will review the facts in the light most favorable to the non-moving party when deciding whether to grant summary judgment or not.
Can a spouse get a summary judgment when only the other spouse answered the claim?
Summary judgment is not generally permitted in divorce.
What is the difference between a summary judgment and a default judgment?
Basically, a default judgment is something you did NOT argue about in court by filing answers to the Summons and Complaint, and the Summary Judgment is something you did argue about IN COURT.
What is Plantiff's motion for summary judgment in a foreclosure case?
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
What happens when appellate court reverses summary judgment?
When an appellate court reverses summary judgment, it means that the court has determined that there are genuine issues of material fact that need to be decided by a jury. The appellate court has concluded that the lower court erred in granting summary judgment, which is a determination made by the court without a trial because there are no disputed facts. The case will typically be remanded back to the trial court for further proceedings or a trial on the merits.
Is there summary judgment in federal courts?
Yes, there can be.
