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Summary Judgment
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a Judgment (law), judgment entered by a court for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial." In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judgment (law)
In law, a judgment is a Decision-making, decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. Judgments also generally provide the court's explanation of why it has chosen to make a particular court order.''Black’s Law Dictionary'' 970 (10th ed. 2014). Speakers of British English tend to use the term at the appellate level as synonymous with judicial opinion. American English speakers prefer to maintain a clear distinction between the ''opinion'' of an appellate court (setting forth reasons for the disposition of an appeal) and the ''judgment'' of an appellate court (the pronouncement of the disposition itself). In Canadian English, the phrase "reasons for judgment" is often used interchangeably with "judgment," although the former refers to the court's justification of its judgment while the latter refers to the final court order regarding the rights and liabilities of the parties. Spelling Judgment is considered a "free var ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
E-mail
Electronic mail (usually shortened to email; alternatively hyphenated e-mail) is a method of transmitting and receiving Digital media, digital messages using electronics, electronic devices over a computer network. It was conceived in the late–20th century as the digital version of, or counterpart to, mail (hence ''wikt:e-#Etymology 2, e- + mail''). Email is a ubiquitous and very widely used communication medium; in current use, an email address is often treated as a basic and necessary part of many processes in business, commerce, government, education, entertainment, and other spheres of daily life in most countries. Email operates across computer networks, primarily the Internet access, Internet, and also local area networks. Today's email systems are based on a store-and-forward model. Email Server (computing), servers accept, forward, deliver, and store messages. Neither the users nor their computers are required to be online simultaneously; they need to connect, ty ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Like other areas of private law, contract law varies between jurisdictions. In general, contract law is exercised and governed either under common law jurisdictions, civil law jurisdictions, or mixed-law jurisdictions that combine elem ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Discovery (law)
Discovery, in the law of common law jurisdictions, is a phase of pretrial procedure in a lawsuit in which each party, through the law of civil procedure, can obtain Evidence (law), evidence from other parties. This is by means of methods of discovery such as interrogatories, Request for production, requests for production of documents, request for admissions, requests for admissions and Deposition (law), depositions. Discovery can be obtained from nonparties using subpoenas. When a discovery request is objected to, the requesting party may seek the assistance of the court by filing a motion to compel discovery. Conversely, a party or nonparty resisting discovery can seek the assistance of the court by filing a motion for a protective order. History Discovery evolved out of a unique feature of early Equity (law), equitable pleading procedure before the English Court of Chancery: among various requirements, a plaintiff's bill in equity was required to plead "positions". These we ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Witness
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know. A witness might be compelled to provide testimony in court, before a grand jury, before an administrative tribunal, before a deposition officer, or in a variety of other legal proceedings. A subpoena is a legal document that commands a person to appear at a proceeding. It is used to compel the testimony of a witness in a trial (law), trial. Usually, it can be issued by a judge or by the lawyer representing the plaintiff or the defendant in a civil trial or by the prosecutor or the defense attorney in a Criminal procedure, criminal proceeding, or by a government agency. In many jurisdictions, it is compulsory to comply with the subpoena and either take an oath or solemnly Affirmation in law, affirm to testify truthfully under penalty of perjury. Although informally a witness includes whoever perceived the event, in l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affidavit
An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or ''deposition (law), deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required in court proceedings. Definition An affidavit is typically defined as a written declaration or statement that is sworn or affirmed before a person who has authority to administer an oath. There is no general defined form for an affidavit, although for some proceedings an affidavit must satisfy legal or statutory requirements in order to be considered. An affidavit may include, * a ''commencement ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deposition (law)
A deposition in the law of the United States, or examination for discovery in the law of Canada, involves the taking of sworn, out-of-court oral testimony of a witness that may be reduced to a written transcript for later use in court or for discovery (law), discovery purposes. Depositions are commonly used in litigation in the United States and Canada. They are almost always conducted outside court by the lawyers themselves, with no judge present to supervise the examination. History Depositions by written interrogatories first appeared around the mid-15th century as a procedure for discovery, factfinding, and evidence preservation in suits in Equity (law), equity in English courts. Available through HeinOnline. They differed radically from modern depositions in three ways: (1) the party seeking a witness's testimony merely propounded written interrogatories which were read out loud by a Master (judiciary), master or court-appointed commissioner to the witness in a closed proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Affirmative Defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct. In civil lawsuits, affirmative defenses include the statute of limitations, the statute of frauds, waiver, and other affirmative defenses such as, in the United States, those listed in Rule 8 (c) of the Federal Rules of Civil Procedure. In criminal prosecutions, examples of affirmative defenses are self defense, insanity, entrapment and the statute of limitations. Description In an affirmative defense, the defendant may concede that they committed the alleged acts, but they prove other facts which, under the law, either justify or excuse their otherwise wrongful actions, or otherwise overcomes the plaintiff's claim. In criminal law, an affirmative defense is sometimes called a justification or excuse defense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Judicial Center
The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of responsibility for the center include: #conducting and promoting "research and study of the operation of the courts of the United States," and to act to encourage and coordinate the same by others; #developing "recommendations for improvement of the administration and management of .S.courts," and presenting these to the Judicial Conference of the U.S.; and # through all means available, see to conducting programs for the "continuing education and training for personnel" of the U.S. judiciary, for all employees in the justice system, from judges through probation officers and mediators. In addition to these major provisions, §620 (b)(4)(5)(6) sets forth the additional provisions that the FJC will (i) provide staff and assistance to the Jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fact (law)
In law, a question of law, also known as a point of law, is a question that must be answered by a judge and can not be answered by a jury. Such a question is distinct from a question of fact, which must be answered by reference to facts and evidence as well as inferences arising from those facts. Answers to questions of law are generally expressed in terms of broad legal principles. They can be applied to many situations rather than particular circumstances or facts. An answer to a question of law as applied to the specific facts of a case is often referred to as a ''conclusion of law''. In several civil law jurisdictions, the highest courts deem questions of fact as settled by the lower courts and will only consider questions of law. They thus may refer a case back to a lower court to re-apply the law and answer any fact-based evaluations based on their answer on the application of the law. International courts such as the Benelux Court of Justice and the European Court of Just ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
