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Simple English definitions for legal terms
summary disposition
Read a random definition: advice of counsel
A quick definition of summary disposition:
Summary disposition, also known as summary judgment, is a decision made by a court when there is no dispute about the facts of a case and the law is clear. This allows for a quick resolution of the case without the need for a trial. The court looks at the evidence presented by both sides to determine if there is a genuine issue of fact or if the case can be decided based on the law alone. Sometimes, a partial summary judgment can be made, which only resolves part of the case.A more thorough explanation:
Summary disposition is a legal term that refers to a type of judgment called summary judgment. This judgment is granted when there is no genuine issue of material fact in a claim or defense, and the movant is entitled to prevail as a matter of law. It allows for the speedy resolution of a controversy without the need for a trial.
The court considers the contents of the pleadings, motions, and additional evidence presented by the parties to determine whether there is a genuine issue of material fact or one of law.
For example, if a plaintiff sues a defendant for breach of contract, and the defendant can prove that they never entered into a contract with the plaintiff, the court may grant summary judgment in favor of the defendant without the need for a trial.
Another example is if a defendant in a personal injury case can prove that the plaintiff was at fault for their own injuries, the court may grant summary judgment in favor of the defendant.
Partial summary judgment is a type of summary judgment that is limited to certain issues in a case and disposes of only a portion of the whole case. For example, if a plaintiff sues a defendant for breach of contract and the defendant can prove that they fulfilled part of the contract, the court may grant partial summary judgment in favor of the defendant for that portion of the contract.