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In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
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.
Black's Law Dictionary (8th ed. 2004) defines "motion in limine " as "a pretrial request that certain inadmissible evidence not be referred to or offered at trial." They are made "preliminary", and are presented for consideration of the judge, arbitrator or hearing officer, to be decided without the merits being reached first. [1]: 791
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
The Constitution of Texas is the foremost source of state law. Legislation is enacted by the Texas Legislature, published in the General and Special Laws, and codified in the Texas Statutes. State agencies publish regulations (sometimes called administrative law) in the Texas Register, which are in turn codified in the Texas Administrative Code.
DeFunis argued that materials brought to light during discovery and entered into evidence in the trial court showed that his initial denial of admission to the law school was the result of the operation of the law school's affirmative action policy, favoring the admission of minority applicants over better-qualified white candidates.
This means that dueling is still legal according the Texas penal code. The law states that any two individuals who feel the need to fight can agree to mutual combat through a signed, verbal or ...
Most district courts consider both criminal and civil cases but, in counties with many courts, each may specialize in civil, criminal, juvenile, or family law matters. [2] The Texas tradition of one judge per district court is descended from what was the dominant form of American state trial court organization for much of the 19th century ...