Ad
related to: reasons for summary judgments come about meaning based on evidenceuslegalforms.com has been visited by 100K+ users in the past month
Search results
Results from the WOW.Com Content Network
It is not uncommon for summary judgments of the lower U.S. courts in complex cases to be overturned on appeal. A grant of summary judgment is reviewed de novo, [15] meaning, without deference to the views of the trial judge, both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
Celotex Corp. v. Catrett, 477 U.S. 317 (1986), was a case decided by the United States Supreme Court.Written by Associate Justice William Rehnquist, the decision of the Court held that a party moving for summary judgment need show only that the opposing party lacks evidence sufficient to support its case.
It asserts that the evidence allows only one result: victory for the moving party, even if a jury has found otherwise. [2] JMOL is also known as a directed verdict, which it has replaced in American federal courts. [3] JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. [4]
In common law systems, one feature that distinguishes a trial de novo from an appellate proceeding is that new evidence may not ordinarily be presented in an appeal (though there are rare instances when it may be allowed—usually evidence that came to light only after the trial and could not, in all diligence, have been presented in the lower court).
Courts may also have the discretion to decide a case without presentation of oral argument, rendering their judgment entirely based on the arguments set forth in the parties' briefs. [4] David Tatel , judge in the US Court of Appeals for the District of Columbia Circuit , has referred to a "long-established rule" that contentions made for the ...
Attorneys for Donald Trump and the office of New York Attorney General Letitia James argued over the scope of the forthcoming trial in the state's civil suit against the former president before a ...
The district court granted summary judgment for Merrell Dow, and Daubert and Schuller appealed to the Ninth Circuit. The Ninth Circuit found the district court correctly granted summary judgment because the plaintiffs' proffered evidence had not yet been accepted as a reliable technique by scientists who had had an opportunity to scrutinize and ...
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Ad
related to: reasons for summary judgments come about meaning based on evidenceuslegalforms.com has been visited by 100K+ users in the past month