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Dictionary of Law |
summary adjudication of issues :: legal definitionSummary adjudication of issues - n. a court order ruling that certain factual issues are already determined prior to trial. This summary adjudication is based upon a motion by one of the parties contending that these issues are settled and need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact by the opposing party and other discovery, as well as a legal argument (points and authorities). The other party may respond by counter-declarations and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary adjudication must be denied regarding that matter. The theory behind this summary process is to reduce the number of factual questions which will require evidence at trial and eliminate one or more causes of action in the complaint or conversely find a judgment for plaintiff. The motion for summary adjudication of issues often accompanies the broader motion for summary judgment, which can result in judgment on the entire complaint or some causes of action before the trial starts. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom such a motion is made. See also: summary judgment and Related Law Terms ↓ Related Law Termsabstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lienabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay. acceptance of service :: n. agreement by a defendant (or his/her attorney) ... o accept service. See also: service action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit actionable :: adj. when enough facts or circumstances exist to m ... ction lawsuit malicious prosecution admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer amicus curiae :: n. Latin for "friend of the court," a party or an ... party's presentation to the court. answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." arbitration :: n. a mini-trial, which may be for a lawsuit ready ... tance of the arbitrator's decision. arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. argumentative :: adj. the characterization of a question asked by t ... oody glove just walked over there?" arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney-client privilege :: n. the requirement that an attorney may not reveal ... ivileged communication work product bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy bar examination :: n. the examination given in each state by either t ... n that district. See also: attorney bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence complaint :: n. the first document filed with the court (actual ... g prayer service of process summons conclusion :: n. 1) in general, the end. 2) in a trial, when all ... onclusion of fact conclusion of law conclusion of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive continuing objection :: n. an objection to certain questions or testimony ... ional distress. See also: objection contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship corporation :: n. an organization formed with state governmental ... ation public corporation securities count :: n. each separate statement in a complaint which st ... also: cause of action common counts court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons cross-examination :: n. the opportunity for the attorney (or an unrepre ... examination testimony trial witness damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief dedication :: n. the giving of land by a private person or entit ... perty. See also: quiet title action deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading deposition :: n. the taking and recording of testimony of a witn ... See also: deponent depose discovery dictum :: n. Latin for "remark," a comment by a judge in a d ... cta)." See also: dicta obiter dicta direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause discovery :: n. the entire efforts of a party to a lawsuit and ... ee also: deposition interrogatories dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment fact :: n. an actual thing or happening, which must be pro ... dge if he/she sits without a jury). fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. finding :: n. the determination of a factual question vital ( ... e case. See also: conclusion of law fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes. gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint harmless error :: n. an error by a judge in the conduct of a trial w ... ar to be harmless." See also: error hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." in terrorem clause :: (in tehr-roar-em)n. from Latin for "in fear," a pr ... e gift. See also: will will contest injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity inspection of documents :: n. the right to examine and copy the opposing part ... evidence subpena duces tecum trial interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery intervention :: n. the procedure under which a third party may joi ... rvene joinder multiplicity of suits irrelevant :: adj. not important, pertinent, or germane to the m ... ce immaterial incompetent objection issue :: 1) n. a person's children or other lineal descenda ... the body incorporation share stock joinder of issue :: n. that point in a lawsuit when the defendant has ... matters are to be decided by trial. joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate judgment creditor :: n. the winning plaintiff in a lawsuit to whom the ... 's rights judgment prevailing party judicial foreclosure :: n. a judgment by a court in favor of foreclosure o ... deed of trust foreclosure mortgage jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire jury fees :: n. the rather minimal amount paid each day to juro ... ees as a court cost. See also: jury jury trial :: n. a trial of a lawsuit or criminal prosecution in ... the final judgment. See also: jury last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit leading question :: n. a question asked of a witness by an attorney du ... e also: cross-examination objection levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder mistake :: n. 1) an error in comprehending facts, meaning of ... time. See also: contract rescission motion :: n. a formal request made to a judge for an order o ... g, an oral motion may be permitted. motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V. motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion motion in limine :: (lim-in-nay) n. Latin for "threshold," a motion ma ... o: in limine Miranda warning motion negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary. notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage. object :: 1) v. to ask the court not to allow a particular q ... he contract..." See also: objection objection :: n. a lawyer's protest about the legal propriety of ... ng question object overrule sustain open court :: n. the conduct of judicial proceedings (trials, he ... which are usually held in chambers. order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. out of court :: adj. referring to actions, including negotiations ... is dismissed. See also: settlement overrule :: v. 1) to reject an attorney's objection to a quest ... : appellate court objection sustain paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead political question :: n. the determination by a court (particularly the ... ne-vote," as constitutional issues. power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction. prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis prevailing party :: n. the winner in a lawsuit. Many contracts, leases ... ed before or after trial has begun. process :: n. in law, the legal means by which a person is re ... service of process subpena summons promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party question of fact :: n. in a lawsuit or criminal prosecution, an issue ... also: finding judge question of law question of law :: n. an issue arising in a lawsuit or criminal prose ... udge question of fact trier of fact qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors. quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial review :: n. the judicial consideration of a lower court jud ... ate court reversal reversible error sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure service :: n. 1) paid work by another person, either by contr ... ersonal services service of process severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours. small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract." speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store. summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues summons :: n. a document issued by the court at the time a la ... use service service of process writ tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges. temporary injunction :: n. a court order prohibiting an action by a party ... ry injunction. See also: injunction testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial testimony :: n. oral evidence given under oath by a witness in ... tion evidence testify trial witness toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict verification :: n. the declaration under oath or upon penalty of p ... ed. See also: answer complaint oath voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause writ of coram nobis :: : (writ of core-uhm noh-bis) n. from Latin for "in ... ment if known at the time of trial. Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |