Juridical Dictionary

This dictionary contains:
8526
juridical terms

Summary judgment




Summary judgment

A judgment given on the basis of pleadings, affidavits, and exhibits presented for the record without any need for a trial. It is used when there is no dispute as to the facts of the case and one party is entitled to a judgment as a matter of law.

RELATED TERMS
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Judgment
Practice. The decision or sentence of the law, given by a court of justice or other competent tribunal, as the result of proceedings instituted therein, for the redress of an injury.

Pleadings
That part of a party's case in which he or she formally sets out the facts and legal arguments which support that party's position. Pleadings can be in writing or they can be made verbally to a court, during the trial.

Record
1) Evidence. A written memorial made by a public officer authorized by law to perform that function, and intended to serve as evidence of something written, said, or done. 2) To record. The act of making a record.

Without
Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause.

Trial
Practice., The examination before a competent tribunal, according to the laws, of the land, of the facts put in issue in a cause, for the purpose of determining such issue.

When
1) At which time, in wills, standing by itself unqualified and unexplained, this is a word of condition denoting the time at which the gift is to continence. 2) The context of a will may show that the word when is to be applied to the possession only, not to the vesting of a legacy; but to justify this construction, there must be circumstances, or other expressions in the will, showing such to have been the testator's intent.

Case
1) Practice. A contested question before a court of justicea suit or action a cause. 2) An agreement in writing, between a plaintiff and defendant, that the facts in dispute between them are as there agreed upon and mentioned

Party
Practice, contracts. When applied to practice, by party is understood either the plaintiff or defendant. In contracts, a party is one or more persons who engage to perform or receive the performance of some agreement.

Matter
Some substantial or essential thing, opposed to form; facts.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.



SIMILAR TERMS
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Summary dismissal
Gross misconduct should ideally be defined in the employment contract and, where committed should allow the employer to dismiss without notice or prior warnings. Such conduct will normally include theft, violence, falsification of records and other serious matters. The list should be stated as being non-exhaustive to allow the employer discretion.

Summary proceedings
When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary.

Summing up
Practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called summing up. When the judge delivers his charge to the jury, he is also said to sum up the evidence in the case.

Summon, to
Practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him.

Summoners
Petty officers who cite men to appear in any court.

Summons
Practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned.

Summons and severance


Summum jus
Extreme right, strict right. It is seldom that extreme right can be administered without the danger of doing injustice, for extreme right may produce extreme wrong. Summum jus, summa injuria.



PREVIOUS AND NEXT TERMS
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Suit
An action. The word suit in the 25th section of the judiciary act of 1789, applies to any proceeding in a court of justice, in which the plaintiff pursues, in such court, the remedy which the law affords him. An application for a prohibition is therefore a suit.

Suite
Those persons, who by his authority, follow or attend an ambassador or other public minister.

Suitor
One who is a party to a suit or action in court. One who is a party to an action. In its ancient sense, suitor meant one Who was bound to attend the county court, also, one who formed part of the secta.

Sultan
The title of the Turkish sovereign and other Mabometan princes.

Summary dismissal
Gross misconduct should ideally be defined in the employment contract and, where committed should allow the employer to dismiss without notice or prior warnings. Such conduct will normally include theft, violence, falsification of records and other serious matters. The list should be stated as being non-exhaustive to allow the employer discretion.

Summary judgment

Summary proceedings
When cases are-to be adjudged promptly, without any unnecessary form, the proceedings are said to be summary.

Summing up
Practice. The act of making a speech before a court and jury, after all the evidence has been heard, in favor of one of the parties in the cause, is called summing up. When the judge delivers his charge to the jury, he is also said to sum up the evidence in the case.

Summon, to
Practice. The act by which a defendant is notified by a compepetent officer, that an action has been instituted against him, and that he is required to answer to it at a time and place named. This is done either by giving the defendant a copy of the summons, or leaving it at his house; or by reading the summons to him.

Summoners
Petty officers who cite men to appear in any court.

Summons
Practice. The name of a writ commanding the sheriff, or other authorized officer, to notify a party to appear in court to answer a complaint made against him and in the said writ specified, on a day therein mentioned.

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This dictionary contains 8526 terms.







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