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| Â | Encyclopedia4U - Summary judgment - Encyclopedia Article |
 | | 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. | | | A summary judgment is a legal decision in a case made when one party to a lawsuit requests summary judgment by pre-trial motion. |
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http://www.encyclopedia4u.com/s/summary-judgment.html
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| Â | [No title] |
| | The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. | | | The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. | | | A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. |
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http://dictionary.law.com/definition2.asp?selected=2063&bold=
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| Â | C.A. Mandates Oral Argument of Summary Judgment Motions |
| | A trial judge cannot rule on a summary judgment motion without affording the parties an opportunity for oral argument, the Fourth District Court of Appeal ruled yesterday. | | | Recent amendments to the summary judgment statute make it clear that an opportunity to argue the motion is required, Justice Judith Haller wrote for Div. | | | In taking that action, lawmakers recognized that “both the moving and opposing parties have substantial rights at stake in the procedure” and are entitled to “a full and fair opportunity to address the merits of a summary judgment,” Haller said. |
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http://www.metnews.com/articles/2004/bram011404.htm
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| Â | LWN: IBM's summary judgment motion |
| | But the ownership of the copyrights is very much a disputed fact, and, as such, it is not a useful argument in support of a summary judgment. | | | As followers of the flotilla of SCO cases have been reminded many times by now: a motion for a summary judgment must show that there are no disputed facts at issue. | | | SCO's right to terminate IBM's AIX and Dynix license (the basis of two of SCO's charges) does not exist, and, if it did, it would be overridden by Novell's waiver. |
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http://lwn.net/Articles/98188
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| Â | PalmInfocenter.com: palmOne Wins Summary Judgment Invalidating Xerox's Unistroke Patent |
| | If Xerox appealed the summary judgment, then the Circuit court would remand the case to the District Court for a trial. | | | The summary judgment motion is designed to keep from wasting judicial resources (and defendants' money) with cases that have no chance of success. | | | It means that the case never made it to trial, and Palm never had to offer its defense. |
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http://www.palminfocenter.com/view_story.asp?ID=6837
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| Â | Attorney Fees Not Available as Sanctions Under Summary Judgment Statute, C.A. Rules |
| | The “reasonable expenses” that may be awarded as sanctions for presenting an improper affidavit as part of a summary judgment motion do not include attorney fees, the Third District Court of Appeal has ruled. | | | The court Wednesday overturned a San Joaquin Superior Court judge’s order requiring the state to pay more than $28,000 in fees to the attorney for a man who sued the California Department of Transportation, among others. | | | Attorney Fees Not Available as Sanctions Under Summary Judgment Statute, C.A. Rules |
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http://www.metnews.com/articles/coll122903.htm
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| Â | U.S. v. MICROSOFT |
| | judgment motion thus invites this Court to rule, as a matter of law, that because of supposedly | | | In order to obtain summary judgment, the moving party must demonstrate "that there is | | | Microsoft's summary judgment argument is largely premised on the fact that, putting the |
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http://www.usdoj.gov/atr/cases/f1900/1914.htm
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| Â | MSLF -- Summary Judgment |
| | Summary Judgment runs 650 words and may be reprinted so long as credit is given to William Perry Pendley and to Mountain States Legal Foundation. | | | Each month, MSLF president and chief legal officer William Perry Pendley publishes his monthly column, Summary Judgment. | | | [ Contribute to MSLF ] [ The Litigator ] [ Summary Judgment ] |
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http://www.mountainstateslegal.org/summary_judgment_home.cfm
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| Â | Summary Judgment Motion Hearing |
| | This site is copyrighted material and its use is subject to non-exclusive license. | | | A settlement may not be an admission, but one would think that a judgment entered into a court is. Irregardless, Mattel paying over two years salary to a worker that was out of work for seven months, to avoid a jury analyzing the facts in the case, speaks much louder than their denials. | | | Shortly before the case scheduled for trial, takes a rule 68 judgment against them. |
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http://www.sorehands.com/injdir/sj
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| Â | Plagiarism in Colleges in USA |
| | Haugh then filed an appeal in the Court of Appeals, which affirmed the district court, found the appeal to be both meritless and frivolous, and ordered Haugh to pay US$ 7136 in attorney's fees for the appeal to the school. | | | A common phrase (e.g., "obtained a writ of habeas corpus" in law, or "three degrees of freedom" in physics) is less deserving of quotation marks than genuinely original expression, since there may be few conventional alternatives for accurately expressing the same idea or fact. | | | In summary, a plagiarist should accept their punishment and humiliation for their reprehensible act, without also being permanently enshrined in a reported court opinion. |
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http://www.rbs2.com/plag.htm
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| Â | Summary Judgment |
| | A party seeking summary judgment bears the initial burden of informing the court of the basis for its motion and of identifying those portions of the pleadings and discovery responses which demonstrate the absence of a genuine issue of material fact. | | | Nation Enter., 471 U.S. It is nonetheless appropriate to resolve the issue at the summary judgment stage where the historical facts are undisputed and the only question is the proper legal conclusion to be drawn from those facts. | | | FREE REPUBLIC, ELECTRONIC ORCHARD, JIM ROBINSON, and DOES 1 THROUGH 10, inclusive, Defendants, CASE NO, CV 98-7840-MMM (AJWx) TENTATIVE ORDER GRANTING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Plaintiffs Los Angeles Times and The Washington Post publish newspapers in print and online versions. |
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http://www.freerepublic.com/summaryjudgment.htm
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| Â | Document: Free Republic's Memorandum in Support of Motion for Summary Judgment, 10/18/99. |
| | As agreed by the parties and ordered by the Court, Defendants raise in this motion raise only the issue of "fair use" -- and the related First Amendment defense, which, should the Court find in Defendants' favor, would be dispositive of this action and would entitle Defendants to a judgment of dismissal. | | | Under both the "fair use" doctrine, and under their First Amendment right of free speech, Defendants pray the Court for a finding of "fair use" and a judgment of dismissal of this action in its entirety. | | | Re: whether Free Republic's republication of Plaintiffs' articles constitutes fair use. |
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http://www.techlawjournal.com/courts/freerep/19991018mem.htm
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| Â | The 10b-5 Daily: Summary Judgment Archives |
| | The court recently certified the class and things are continuing to go well for the plaintiffs. | | | Among other things, Deloitte had argued that the court lacked subject matter jurisdiction because the plaintiffs are not U.S. citizens. | | | The Associated Press reports that the D. of Del. has granted summary judgment in favor of Tyson in the case. |
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http://www.the10b-5daily.com/archives/cat_summary_judgment.html
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| Â | Progress of Local Church et al v. Harvest House et al |
| | Defendants' objections to summary judgment evidence were overruled. | | | Defendants file Motion for a Partial Summary Judgment | | | Harvest House Publishers files suit against The Church in Fullerton Corporation in Oregon Circuit Court seeking a Declaratory Judgment that Encyclopedia of Cults and New Religions is not defamatory as to the local churches. |
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http://www.localchurch-vs-harvesthouse.com/progress.html
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| Â | NACS: Member Resources: Reference Desk |
| | Indeed, the courts have, on at least four prior occasions, held that verbatim, substantial, copying of course materials for distribution to students is copyright infringement and not fair use, even in the absence of a profit motive. | | | 1983) (summary judgment granted against defendant teacher who copied eleven pages from another teacher's home economics instructional book); Wihtol v. |
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http://www.nacs.org/public/copyright/risky.asp
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| Â | Legal Definition of Motion For Summary Judgment |
| | MOTION FOR SUMMARY JUDGMENT - A request made by the defendant in a civil case. | | | The 'Lectric Law Library's Lexicon On * Motion For Summary Judgment * | | | Asserts that the plaintiff has raised no genuine issue to be tried and asks the judge to rule in favor of the defense. |
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http://www.lectlaw.com/def2/m043.htm
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| Â | Harvest House Publishers and Authors Address Newest Allegations from The Local Church and Living Stream Ministry |
| | In the fall of 2003, Harvest House and the authors submitted a second motion for summary judgment to the 80th District Court of Houston, Texas, for the purpose of requesting that the judge dismiss the case on the basis that the language of the Encyclopedia was not defamatory as a matter of law. | | | On March 9, 2004, the judge ruled on the motion and stated simply that it was denied. | | | The judge’s recent ruling is not a decision against Harvest House, but merely allows the case to move forward. |
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http://www.harvesthousepublishers.com/statement2.cfm
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| Â | Legal Humor |
| | Affirming summary judgment for the defendant, the 9th Circuit explained the distinction between the tangible and intangible aspects of a publication: |
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http://www.bressmanlaw.com/humor.htm
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| Â | Affidavit of Dr. Gerard F. Judd, Ph.D. on Fluoride |
| | I make this Affidavit in support of the Plaintiff's Motion for Summary Judgment. | | | It is my best judgment, reached with a high degree of scientific certainty, that fluoridation is invalid in theory and ineffective in practice as a preventive of dental caries. | | | A summary of important epidemiological effects of fluoride from Chemical Abstracts, 1992-1989 (53 pages); Journal of Fluoride, August 1992-January 1993 (42 pages); and Index Medicus, May, June and July 1992 (3 pages) failed to produce even one article proving fluoride to be harmless. |
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http://goodteeth.tripod.com/affidavit.htm
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| Â | LWN: IBM files another summary judgment motion |
| | 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" | | | SCO will raise a valid defense to this Motion for Summary Judgement. |
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http://lwn.net/Articles/98515
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