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Simple English definitions for legal terms

dispositive fact

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A quick definition of dispositive fact:

A dispositive fact is a fact that can solve a legal problem all by itself. If this fact is proven to be true, it can end the lawsuit. For example, if someone is accused of hitting another person, but it can be proven that they were never in the same place at the same time, the case will be dismissed because hitting could not have happened. If there is a disagreement about a dispositive fact, the court cannot make a decision without a trial.

A more thorough explanation:

A dispositive fact is a fact that, if proven with necessary certainty, can resolve a legal dispute on its own. This means that if a dispositive fact is established, it can lead to the resolution of the entire lawsuit.

For example, in a battery claim, if the plaintiff can prove that the defendant never made contact with them, then there could not have been a battery. This fact would be dispositive, and the court could dismiss the claim without analyzing the other elements of battery.

Another example of a dispositive fact could be in a breach of contract claim. If the defendant can prove that they never signed the contract, then there could not have been a breach. This fact would be dispositive, and the court could dismiss the claim without analyzing the other elements of breach of contract.

It is important to note that if a dispositive fact is in dispute, a court cannot grant summary judgment. This means that the case must go to trial, and the factfinder (either a judge or a jury) must determine the truth of the dispositive fact.

disposition | dispossess

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ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
i've been away for a while what were the most recent waves? any this week?
lilypadfrog
8:12
hi shawties
lilypadfrog
8:16
who’s getting into a law school today raise your hand
jackfrost11770
8:28
I sure hope so at this point
lilypadfrog
8:28
woooo
lilypadfrog
8:28
jackfrost for law school
jackfrost11770
8:29
LILYPADFROG FOR LAW SCHOOL
jackfrost11770
8:29
I really just love how now there's an executive order that says I don't exist as a person
jackfrost11770
8:29
Do I not have to pay taxes now? Loans? What now
lilypadfrog
8:34
you should probably assume this means your law school will be free
GreyCeaselessMammoth
8:34
i love that there's an executive order that we're all female now
jackfrost11770
8:38
I think so yeah. I think I don't have to pay for anything anymore
Trismegistus
8:40
can someone release today my god
lilypadfrog
8:41
i’m boutta release
sounding like that one guy in here who kept saying he was cumming
Dkk
8:43
Was that me cus I just released.
lilypadfrog
8:44
Wahoowa
Dkk
8:45
AI Overview +1 "Wahoowa" is a cheer and greeting used by fans of the University of Virginia (UVA).
Dkk
8:45
Learned something new today. I can sleep knowing I learned something today.
lilypadfrog
8:48
https://en.m.wikipedia.org/wiki/Dalgona I just learned about these things. Apparently they’re featured in Squid Game, but I think Squid Game is just a ripoff of the original Mr Beast Games
I learned today the term fight fire with fire comes from the early day of fire fighting when departments would just bulldoze buildings and then burn them in an attempt to stop a fire from spreading. So to stop fire from burning shit they would burn down other buildings in a more violent and destructive way thus lowering the fires moral so much it refuses to spread and work.
GreyCeaselessMammoth
8:51
that's like basically how wildland firefighting still works
I did wildland and most of the time it was controlled burns but it is pretty funny to imagine doing that in a city/neighborhood.
Dkk
8:52
The Santa Ana winds kinda helped with that because it pushed the fire back to where it had already burned despite the news media saying everything was going to get worse like the idiots they are.
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