Summary judgement - LegalOwl
About us  |  Why use us?  |  Press  |  Contact us

 

Topic: Summary judgement



  
 Encyclopedia4U - Summary judgment - Encyclopedia Article
If there is doubt, at this stage the court must assume that the party opposing the summary judgement will prevail on the doubtful points, this preserves the opposing party or parties right to a trial and to have the judge or jury review all the evidence and decide the underlying factual basis of the lawsuit.
Sometimes a court may award partial summary judgment when one of the causes of action is undisputed on the facts or if there is not satisfactory opposing evidence that puts the allegations of the moving party in question.
The parties also usually present legal memoranda to the court to support or oppose the underlying law that allows the moving party to make the summary judgment motion and seek swift judicial determination of the dispute.
http://www.encyclopedia4u.com/s/summary-judgment.html

  
 Failure to appear - Wikipedia, the free encyclopedia
Where the conduct alleged in the summons or complaint is an infraction or summary offence, failure to appear is a crime for which a bench-warrant can be issued if the defendant promised to appear.
If the conduct alleged is a tort or other cause for civil action, failure to appear generally results in a default judgement by the court in favor of the plaintiff/petitioner.
Failure to appear is the legal term for the failure of a defendant or respondent to appear within the stated time before a tribunal as directed in a summons.
http://en.wikipedia.org/wiki/Failure_to_appear   (137 words)

  
 LWN: IBM's Second Amended Counterclaims
A declaratory judgement is not the same as a summary judgement.
Wouldn't it have been better to ask for declaratory judgement on the grounds that "IBM does not infringe, induce the infringement of, or contribute to the infringement of any SCO copyright" (for which the case, I believe, is clear cut) and just left it at that?
By adding the vague claim that "some or all of SCO' s purported copyrights in UNIX are invalid and unenforceable" without specifying exactly which ones, isn't this just muddying the waters sufficiently to give the judge grounds NOT to grant a declaratory judgement?
http://lwn.net/Articles/78238   (614 words)

  
 History Via E-mails
The delay in hearing this "Motion for Summary Judgement" was due to a "Motion for Continuance" filed by DSC and granted by the court.
DSC then filed a motion to non-suit all the claims in the suit except the breach of contract and declaratory judgement claims, and a motion to amend the final judgement.
http://www.unixguru.com/history.html   (16949 words)

  
 Comments for: Infinium Labs sues HardOCP - ja.zz
[H] filed for a declaratory judgement, not a summary judgement, or so I understand (notwithstanding that they may already have asked for a summary judgement in their declaratory judgement action).
The point of a declaratory judgement is for a party that feels threatened by another to be able to initiate the legal proceedings, rather than being forced to sit under a cloud (and, in the event of IP matters at least, running up a potential damages tab).
I would be very surprised if [H]'s suit, such as it is, could avoid being thrown out, since it is clearly a misapprehension and misuse of the statute under which it was filed.
http://techreport.com/ja.zz?id=42865   (437 words)

  
 Plaintiffs' Renewed Motion for Partial Summary Judgment in Gratz
Granting summary judgement on liability, pursuant to Federal Rule of Civil Procedure 56, in favor of Plaintiffs and the class and against Defendants The Board of Regents of the University of Michigan (“University”); and Lee Bollinger, in his official capacity as president of the University of Michigan.
The motion is brought on the basis of the accompanying memorandum of law, affidavit and exhibits, and the summary judgment memorandum and exhibits filed by plaintiffs on April 8, 1999 and May 30, 1999.
The motions for summary judgment were not heard due to a stay of the proceedings issued by the Sixth Circuit and the subsequent addition in August 1999 of the intervenors as parties.
http://www.umich.edu/~urel/admissions/legal/gratz/plrmgz.html   (437 words)

  
 EFF "Bernstein v. US Dept. of State: Motion for Partial Summary Judgment" Archive
Declaration of lead counsel Cindy Cohn, arguing against the Dept. of State's motion for Summary Judgement.
US Dept. of State: Motion for Partial Summary Judgment" Archive
James Demberger's declaration on how he was harassed by the State Department for posting his public domain VOTPCRYP program to sci.crypt.
http://www.eff.org/Privacy/Crypto_export/Bernstein_case/Legal/960726_filing/HTML   (437 words)

  
 LWN: IBM files another summary judgment motion
SCO will raise a valid defense to this Motion for Summary Judgement.
IBM is going for it in a serious way: the company has filed yet another motion for partial summary judgment.
SCO and SCO's in house counsel relied on the GPL in "good faith"
http://lwn.net/Articles/98515   (437 words)

  
 All Law - Forms - Litigation
Memo of P's and A's Supporting Summary Judgement Motion
Order Setting Aside Entry of Default / Judgement
Declaration Supporting Motion to Set Aside Entry of Default/Judgement
http://www.alllaw.com/forms/litigation   (437 words)

  
 sectoral_policies
[ summary ] [ report vol 1 ] [ report vol 2 ] [ quality judgement ] [ response of the EC services ]
[ summary ] [ report vol 1 ] [ report vol 2 ] [ report vol 3 ] [ report vol 4 ] [ quality judgement ] [ response of the EC services ]
[ summary ] [ report vol 1 ] [ report vol 2 ] [ report vol 3 ] [ report vol 4 ] [ seminar report ] [ quality judgement grid ] [ response of the EC services ]
http://europa.eu.int/comm/europeaid/evaluation/program/sectorrep.htm   (437 words)

  
 JUDGMENT Meaning and Definition - Dictionary - eLook.org
summary judgment, summary judgement, judgment on the pleadings, judgement on the pleadings
default judgment, default judgement, judgment by default, judgement by default
judgment on the merits, judgement on the merits
http://www.elook.org/dictionary/judgment.html   (437 words)

  
 summary - OneLook Dictionary Search
Phrases that include summary: summary judgement, summary treatment, five-number summary, five number summary, motion for summary judgment, more...
Words similar to summary: compact, compendious, drumhead, succinct, summaries, summarily, summarization, epitome, gist, precis, recap, resume, more...
SUMMARY : Navajo Code Talkers' Dictionary [home, info]
http://www.onelook.com/?w=summary&ls=a   (252 words)

  
 process church of the final judgement results from Gezia.org
motion to vacate default judgement default judgement what is a summary judgement last judgement motion to vacate default judgement
process church of the final judgement results from Gezia.org
Other process church of the final judgement news and related articles
http://judgement.gezia.org/process-church-of-the-final-judgement.html   (252 words)

  
 LHCMA catalogue: BAD TRIP TO EDGEWOOD: US Army drug testing, television documentary archive, 1950–1992
Papers relating to the case of Mabel Nevin et al versus USA, including copies of 'Order denying motion for Summary Judgement' Jun 1980, 'Reply memorandum, Mar 1980, 'Notice of motion to dismiss or in the alternative for summary judgement', and deposition of Richard P Wheat MD 20 Jun 1979.
Including an annotated bibliography produced for Congress titled 'Chemical and Biological Warfare: Selected references 1988-1991, Valentin Leskovesek Oct 1991; and a section of 'Summary of major events and problems, US Army Chemical Corps, Jan 1960.
Copyright: The texts of the detailed catalogues are the copyright of King's College London and are made available for private research only.
http://www.kcl.ac.uk/lhcma/cats/badtrip/xb10-01-.htm   (252 words)

  
 Gold Prospecting with the New 49'ers Club - Karuk case
Judge's Denial of Karuk Motion for Summary Judgement
USFS Opposition To Karuk Motion for Summary Judgement
Karuk Motion for Summary Judgment and Injunctive Relief
http://www.goldgold.com/legal/karuk.htm   (164 words)

  
 eganinsanity.html
Instead, the operation which according to the Scholastics begets the speculative judgement is called in the sentence the <> of the intellect; and the operation which according to the Scholastics begets the practical judgement is called in the sentence the <> of the intellect.
lectual judgements that are defective because, for instance, the instrumental cause of the intellectual apprehension (the phantasm) or the sensitive appetites (the emotions) or both were out-of-order, out-of-cycle, disabled, sick.
Insanity and lack of due discretion of judgement are defects in the act of consent resulting from a generic incapacity in the consenter.
http://www.marysadvocates.org/eganinsanity.html   (164 words)

  
 19 - Angel
In summary, Hermes Psychopompos is an agent of rebirth.
Indeed the tarot angel is sometimes identified with St. Michael, who in Christian tradition blows the trumpet to call the souls on Judgement Day.
It is somewhat misleading to call this trump "Judgement," since it does not depict the act of judgement (which takes place in 20.Justice), but instead the Summons to Judgement; that is, Hermes Psychopompos is the guide, not the judge.
http://www.cs.utk.edu/~mclennan/BA/PT/M19.html   (164 words)

  
 Greek Mythology: ILLUSTRATIONS / PICTURES OF GREEK GODS & MONSTERS
Summary: Judgement of Paris, Eros, Hera, Athene, Aphrodite with Eros, Chariot of Helios, Selene in patterned costume on horseback, Hermes seated
Summary: Side A: Helios (Sun) riding a quadriga of four winged horses, among diving and swimming youths; Side B: Eos pursuing Kephalos, accompanied by a dog, and preceded by the veiled figure of Selene (goddess of the Moon), riding on horseback
Summary: Helios rising from the ocean in a winged chariot, Heracles shooting arrows
http://www.theoi.com/IllustrationT1.html   (164 words)

  
 CPR, Disclosure, Summary Judgement, What Use Now?
Footnote: I received a letter from the summary judge on saturday saying that the judgement is stayed until a further part hearing on 14th December as he would like to examine wether I have been comprised by the discharging of the ex son in law from liaiblity.
Case management Conference arranged for last week and b/s filed for summary judgement on the grounds that I had no reasonable defence.
Now I would like to appeal, depending on costs, as they disclosed nothing and I asked for everything recommended on this sight.
http://www.greenspun.com/bboard/q-and-a-fetch-msg.tcl?msg_id=006zgv   (164 words)

  
 black's law dictionary - Everything law World
Blacks great days what done black's indenture webster's dictionary summary judgement black's law dictionary, pro tanto defined encyclopedia indenture diminimous blacks nolle prosequi online dictionary definition of.
Intenet add for intenet play et seq summary judgement black's blacks black's law dictionary, indenture corpus delicti diminimous online dictionary australian defined indenture online dictionary blacks.
Definitions came dog still of barron's definitions webster's dictionary indenture black's law dictionary, corpus delicti dispositive barron's diminimous webster's dictionary diminimous ballentine's definitions definitions.
http://www.nordman-id.com/blacks-law-dictionary   (164 words)

  
 IMG News:
The district court properly granted summary judgement in favor of Blizzard and Vivendi on the operability exception.
Summary judgement in favor of Blizzard and Vivendi is affirmed.
The Electronic Frontier Foundation is currently backing the folks behind bnetd, though Slashdot adds that they have yet to update their site regarding their next move.
http://www.insidemacgames.com/news/story.php?ArticleID=11990   (219 words)

  
 COBRA / HIPAA News Bulletins
Instead, NCO was seeking to have the claim dismissed on summary judgement.
The court refused to grant NCO summary judgement and made it pretty clear that ABR could be entitled to copyright protection for the manner in which it presents COBRA information through its forms.
ABR sued NCO Group for copyright infringement over the use by NCO of copyrighted COBRA notices prepared by ABR.
http://www.mikestrong.com/sites/netboa/news   (219 words)

  
 Electronic Journal of Australian and New Zealand History:
From her summary of the judgement, she goes on to suggest, along lines similar to Robin O'Hair, that the form of native title recognised in Mabo may offer Aborigines less security of tenure than the statutory titles already available under the Aboriginal Lands Acts of various states.
He remarks of the judgement that 'it is difficult to believe that so loose-textured a statement of common law was really expected to be suitable for normal judicial processes', adding, with a note of hopefulness, that the 'current debate may yet be overtaken by political events'.
With the Mabo judgement bearing all indications of remaining a matter of public, political, academic and legal disputation for years to come, this book should continue to hold widespread interest.
http://www.jcu.edu.au/aff/history/reviews/mabo.htm   (219 words)

  
 HARRINGTON HOSPITAL'S MOTION TO DISMISS
In the event that the court denies Defendant's Motion to Dismiss or in the alternative for Summary Judgement, defendants Harrington and Mr.
In the event that the court is not inclined to grant defendant's Motion to Dismiss, or in the alternative for Summary Judgment, the defendants seek and order, pursuant to Fed.R.Civ.P. rule 12(e), requiring plaintiff to provide a more definitive statement as to the nature and extent of plaintiff's claims against Harrington and Mr.
Signed - Robert Pierce MEMORANDUM OF DEFENDANTS HARRINGTON MEMORIAL HOSPITAL, INC., AND RICHARD MANGION IN SUPPORT OF THEIR MOTION TO DISMISS, OR IN THE ALTERNATIVE FOR SUMMARY JUDGMENT The defendants Harrington Memorial Hospital, Inc., ("Harrington") and Richard Mangion ("Mr.
http://graham.main.nc.us/~bhammel/INS/DOCS/motdis121798.html   (5704 words)

  
 Brunswick IBBBI Trial Docket Page 4
03/20/98 Judge denied BC motions for summary judgement on monopoly claims.
by Ohio Marine Distr., Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint [638-1] FILED UNDER SEAL (kayp) 2/2/98 640 BRIEF by Brunswick Corp in support of motion for partial summary judgment against Play Time Mfg.
by Ohio Marine Distr., Inc. upon the seventh, eighth and ninth claims for relief of pltfs' fourth amended complaint FILED UNDER SEAL (kayp) 2/2/98 639 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of motion for partial summary judgment against Play Time Mfg.
http://www.rbbi.com/company/bc/bcibcase/bcib4.htm   (5704 words)

  
 Anderson v. Liberty Lobby, Inc. (1986) [84-1602]
Following a district court's summary judgment ruling favoring Anderson, an appellate court reversed as it held that the lower court erroneously applied actual malice standards of proof at the summary judgement phase.
The Court reversed the appellate court's decision and remanded for reconsideration of its summary judgment ruling.
Liberty claimed that Anderson did act with actual malice since its author depended on patently unreliable sources.
http://www.oyez.org/oyez/resource/case/1126   (5704 words)

  
 FORM 62 O
Besides reading this and the other "usual" documents in terms of deciding whether or not to grant special leave to appeal, the judge or judges of the High Court should also read the two summary documents as presented to the court of appeal which those judges apparently ignored the bulk of.
He refused to disqualify himself in spite of prolonged submissions and hence the perception (reality in the view of myself and other independent observers) of bias ensued and manifested in a defective judgement against the applicants.
The appeal court judges (wrongly) accepted the bulk of the Eames judgement which was shown to be incorrect in my submissions.
http://www.smuggled.com/Appeal2.htm   (7067 words)

  
 Canadalawcourts.com, Paul Martin Minister of Finance
Presented at the summary trial and excluded within judgement is any mention of prior to the operation doctors health records that were presented, the complete doctors physical examination just days prior to the operation, the surgeon's examination.....
You alleged within your judgement that my wife did not attend the doctor's office, your claim was not supported by any direct evidence other than the doctor failing to provide this fact within his affidavit.
Your judgement claims to "finds the facts", yet the evidence that I tendered with respect to an expert doctor referral to the Mayo Clinic was incomplete in your opinion.
http://canadalawcourts.com/pastjudgementsuplementary.htm   (7067 words)

  
 Workplace Prof Blog: EEOC Sanctioned $1 Million By Court for Filing Frivolous Lawsuit
Jan 28, 2006 2:35:31 AM Frivolous lawsuits that should be sanctioned survive motion of summary judgement all the time, and sometimes even go on to be awarded damages.
Jan 26, 2006 9:57:31 AM It is worth noting that the same district court judge who has now sanctioned the EEOC for this "frivolous" case also granted summary judgment on it and was reversed by the 9th Circuit, which held that the evidence was sufficient to create a genuine issue of fact on the merits.
I'd leave open the possibility for the rare case in which the trial itself reveals facts and evidence that shows that the case was frivolous, and that the party and his/her attorney should have known that it was.
http://lawprofessors.typepad.com/laborprof_blog/2006/01/eeoc_sanctioned.html   (1778 words)

  
 1954199.txt
CONCLUSION The issue presented to the court in this case is whether the defendant Tootsie Roll Industries is entitled to summary judgement on the basis that it is an employer of the injured plaintiff.
Finally, on November 7, 1995, the trial court granted defendant Tootsie Roll Industries' summary judgment motion on the basis that it was an employer of the injured plaintiff.
Industrial Comm'n, 82 Ill. 2d 341, 412 N.E.2d 477 (1980), the court found that the existence of a "loaned servant" situation is generally a question of fact to be determined by the trier of fact; in that case, by the Industrial Commission.
http://www.state.il.us/court/Opinions/AppellateCourt/1997/1stDistrict/December/HTML/1954199.txt   (1778 words)

 About us   |  Why use us?   |  Press   |  Contact us

 Copyright © 2006 LegalOwl.com Usage implies agreement with terms.