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The California view is that the latter term is an oxymoron since a judgment is defined by California Code of Civil Procedure Section 577 as the "final determination of the rights of the parties" [17] and a "partial summary judgment" is not actually final since it necessarily leaves some issues to be decided at trial. There is currently a ...
The Judicial Council of California has also promulgated the California Rules of Court, which includes such publications as the Standards of Judicial Administration and the Ethics Standards for Neutral Arbitrators in Contractual Arbitrations, under the authority of article VI, section 6, of the Constitution of California.
If there is any question as to whether there is conflict on the facts on an issue, the summary judgment or adjudication must be denied regarding that matter. [1] In many cases, a decision on a dispositive motion is a prerequisite for appellate review. See, e.g., Wash. Rules of Appellate Procedure 2.2.
The Court of Appeal, Second Appellate District, Division Seven initially held that a public university had no general duty to protect its students from criminal acts of other students, thus the university's summary judgment motion was wrongly denied by the superior court. [8] [9] [10] [11]
Summary judgment: an accelerated judgment that does not require a trial and in which the court's interpretation of the pleadings forms the basis of the judgment. [22] For a summary judgment, the court will consider "the contents of the pleadings, the motions, and additional evidence adduced by the parties to determine whether there is a genuine ...
The Judicial Council of California is the rule-making arm of the California court system. [1] In accordance with the California Constitution and under the leadership of the Chief Justice of the Supreme Court of California, the council is responsible for "ensuring the consistent, independent, impartial, and accessible administration of justice."
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.
Rule 56 deals with summary judgment. It is considered the last gate-keeping function before trial, answering the question of whether the claim could even go to a jury. A successful summary judgment motion persuades the court there is no "genuine issue of material fact" and also that the moving party is "entitled to judgment as a matter of law."
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