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Summary Judgment - Law Dictionary Search Results

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Interlocutory order

application and not at the nature of the order eventually made. In general, orders in the nature of summary judgment where there has been no trial of the issues are interlocutory, Halsbury's Law of England, 4th Edn., Vol.

brief

either by a party or an amicus curiae with a court usually regarding a specific motion (as for summary judgment) or point of law. The form of the brief is determined by the procedural rules of that court

pierce

pierce pierced pierc·ing : to see through the usually misleading or false appearance of [the object of summary judgment is to the pleadings and allow a judgment on the merits "J. H. Friedenthal et al."] [the Internal

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abeyance

or suspension for a period of time usually used with in or into [to hold the entry of summary judgment in "J. H. Friedenthal et al."]

burden of production

a suit usu. have burdens of production during the course of a suit, and often motions (as for summary judgment) impose a burden of production.

dismissal

may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will not prevent

joinder

information, or prosecution c : a formal answer (as denial of fact) to an issue tendered [moved for summary judgment after of issue] d : a joining into a common transaction [requires the of both spouses "W. M.

res ipsa loquitur

absence of negligence [a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgment and reach the jury without direct proof of negligence "Cox v. May Dept. Store Co., 903 P.2d 1119

Affidavit

to administer oaths of great deal of evidence is submitted by affidavit, esp., in pre-trial matters such as summary-judgment motions, Black Law Dictionary, 7th Edn., p. 58. Any affidavit may be sworn to either in print or

Common Pleas, the Court of

c. 125), over petitions complaining of an undue return or undue election of a member of Parliament. (II.) Summary. Under the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c.31). (III.) Auxiliary. (1) Registration … the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c.31). (III.) Auxiliary. (1) Registration of judgments, annuities, etc. (1 & 2 Vict. c. 110; 2 & 3 Vict. c. 11; 3 & 4 Vict.

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