im taking a class and we have to read a case where this phrase appears what does it mean.
Answers:
Summary judgment is available in civil cases (actions for breach of contract, torts, and the like). Not allowed in criminal cases.
Both parties (plaintiff or defendant) may apply for summary judgment.
Summary judgment is only available when there are no genuine issues of material fact, and the moving party is entitled to judgment as a matter of law. Then the Court can grant judgment without submitting the case to a jury for trial.
If there are fact issues in doubt, then summary judgment cannot be granted.
Means you should go to findlaw.com and look it up!
summary judgement is when a defendant in a case has defended an action but does not show that they have a viable defence. the court then can grant summary judgement in favour of the plaintiff without the matter going to trial. hope that makes sense...
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