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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.
Persuasive definition – purporting to use the "true" or "commonly accepted" meaning of a term while, in reality, using an uncommon or altered definition. (cf. the if-by-whiskey fallacy) Ecological fallacy – inferring about the nature of an entity based solely upon aggregate statistics collected for the group to which that entity belongs. [27]
Summary execution, an execution in which a person is accused of a crime and then immediately killed without benefit of a full and fair trial. 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.
JMOL is similar to judgment on the pleadings and summary judgment, all of which test the factual sufficiency of a claim. [4] Judgment on the pleadings is a motion made after pleading and before discovery; summary judgment happens after discovery and before trial; JMOL occurs during trial. [5]
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 ...
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
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.
Summary judgment, judgment entered by a judge or jury for one party and against another, without a full trial. Often a pretrial dismissal of an entire case. Sometimes a ruling on discrete issues in a case. Not pejorative.