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motion for a summary judgment :: legal definition


Motion for a summary judgment - n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on testimony recorded outside court, affidavits (declarations under penalty of perjury), depositions, admissions of fact and/or answers to written interrogatories, claiming that all factual and legal issues can be decided in the moving party's favor. These alleged facts are accompanied by a written legal brief (points and authorities) in support of the motion. The opposing party needs to show by affidavits, written declarations or points and authorities (written legal argument in support of the motion) that there are "triable issues of fact" and/or of law by points and authorities. If there are any triable issues the motion must be denied and the case can go to trial. Sometimes, if there are several claims (causes of action) such a motion may cause the judge to find (decide) that some causes of action can be decided under the motion, leaving fewer matters actually to be tried. The paper- work on both sides is complex, burdensome and in many states, based on strict procedures.

See also: motion and Related Law Terms ↓


Related Law Terms

abstract of judgment :: n. a written summary of a judgment which states ho ... aying the debt. See also: levy lien
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
agent :: n. a person who is authorized to act for another ( ... issues. See also: agency authority
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
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.
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
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
authorities :: n. 1) previous decisions by courts of appeal which ... also: brief cite decision precedent
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
bankruptcy proceedings :: n. the bankruptcy procedure is: a) filing a petiti ... ankruptcy court claim in bankruptcy
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
claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings
class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
common law :: n. the traditional unwritten law of England, based ... plied without reference to statute.
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 of fact :: n. in a trial, the final result of an analysis of ... quested. See also: finding judgment
conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: 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
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
damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages
declarant :: n. the person making a statement, usually written ... also: affiant affidavit declaration
declaration :: n. 1) any statement made, particularly in writing. ... blic. See also: affidavit declarant
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
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
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
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
enjoin :: v. for a court to order that someone either do a s ... so: injunction temporary injunction
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case.
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
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
hold harmless :: n. a promise to pay any costs or claims which may ... e other party agrees to cover them.
hostile possession :: n. occupancy of a piece of real property coupled w ... verse possession quiet title action
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
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
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
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
intervene :: v. to obtain the court's permission to enter into ... ntion joinder multiplicity of suits
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
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
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
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
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
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
lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
lis pendens :: (lease pen-dense) n. Latin for "a suit pending," a ... ob can be penalized by court order.
literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright
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
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.
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
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
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
oral contract :: n. an agreement made with spoken words and either ... itten. See also: agreement contract
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
paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader
palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony
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
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
power of attorney :: n. a written document signed by a person giving an ... y, as in a real estate transaction.
precedent :: 1) n. a prior reported opinion of an appeals court ... to perform. See also: stare decisis
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
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
record :: 1) v. (ree-cored) to put a document into the offic ... eeding race to the courthouse trial
reformation :: n. the correction or change of an existing documen ... neral partner sues for reformation.
rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court
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
separation agreement :: n. an agreement between two married people who hav ... divorce legal separation separation
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
shortening time :: n. an order of the court in response to the motion ... e notice is served within 24 hours.
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
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."
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
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.
subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor
summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment
summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues
surrebutal :: n. in written or oral legal argument, the response ... h until the judge stops the debate.
tax costs :: n. a motion to contest a claim for court costs sub ... sts" to avoid paying these charges.
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.
trust :: n. an entity created to hold assets for the benefi ... testamentary trust trustee trustor
unreasonable search and seizure :: n. search of an individual or his/her premises (in ... e probable cause search and seizure
verdict :: n. the decision of a jury after a trial, which mus ... nt quotient verdict special verdict
whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company.
wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members).

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Other Law Terms - M

M. O. :: n. slang for modus operandi, the way or pattern in ... her crime. See also: modus operandi
magistrate :: n. 1) a generic term for any judge of a court, or ... ce of the peace preliminary hearing
Magna Carta :: n. Latin for "Great Charter," it was a document de ... s. It is also spelled Magna Charta.
mail box rule :: n. in contract law, making a written offer or acce ... nse in hand when the time runs out.
maim :: v. to inflict a serious bodily injury, including m ... to a prison term. See also: mayhem
majority :: n. 1) the age when a person can exercise all norma ... t. See also: child infancy minority
make :: v. 1) to create something. 2) to sign a check, pro ... xchange check maker promissory note
make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malfeasance :: n. intentionally doing something either legally or ... sponsibility. See also: misfeasance
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malice aforethought :: n. 1) the conscious intent to cause death or great ... : first degree murder malice murder
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
malum in se :: (mal-uhm in say) adv. Latin referring to an act th ... hibitum. See also: malum prohibitum
malum prohibitum :: (mal-uhm prohibit-uhm) adj. Latin meaning "wrong d ... lso: malum in se white collar crime
mandamus :: (man-dame-us) n. Latin for "we order," a writ (mor ... mandamus. See also: writ of mandate
mandate :: n. 1) any mandatory order or requirement under sta ... See also: mandamus writ of mandate
mandatory :: adj., adv. absolutely demanded or required. ... v. absolutely demanded or required.
mandatory joinder :: n. the required inclusion of a party in a lawsuit ... sues in the case. See also: joinder