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LSDefine

Simple English definitions for legal terms

genuine issue of material fact

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A quick definition of genuine issue of material fact:

A genuine issue of material fact is when two sides disagree about important facts that are relevant to a legal claim. This disagreement must be real and make sense. If there is a genuine issue of material fact, a judge cannot make a decision without a trial. The person who is trying to win the case must prove their side of the story with strong evidence.

A more thorough explanation:

Definition: A genuine issue of material fact is a disagreement between opposing parties on facts that are legally relevant to a claim. The disagreement must be "genuine" in the sense that it must be plausible. For example, one cannot dispute a contract date without also alleging that a copy of a contract with that date inaccurately reflects the agreement. A genuine issue of material fact precludes summary judgment, which is proper if there is no genuine issue of material fact and the movant is entitled to a judgment as a matter of law. The burden of proof shifts to the nonmoving party when the moving party makes a prima facie showing that there isn't a genuine issue over a material fact. This showing must be refuted by the nonmoving party by providing substantial evidence raising a genuine issue over a material fact.

Example: In a personal injury case, the plaintiff claims that the defendant's negligence caused their injuries. The defendant argues that they were not negligent and that the plaintiff's injuries were caused by their own actions. The disagreement over the cause of the injuries is a genuine issue of material fact because it is legally relevant to the claim. If the court were to grant summary judgment in favor of the defendant, it would be assuming that the defendant was not negligent, which is a disputed fact.

Example: In a breach of contract case, the plaintiff claims that the defendant failed to deliver goods on time, causing the plaintiff to lose money. The defendant argues that they did deliver the goods on time and that the plaintiff's losses were caused by other factors. The disagreement over whether the goods were delivered on time is a genuine issue of material fact because it is legally relevant to the claim. If the court were to grant summary judgment in favor of the defendant, it would be assuming that the goods were delivered on time, which is a disputed fact.

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10:38
Very happy with LR other than having to guess on a couple questions cuz of time
10:42
i have a question about my personal statement. in my activism for the hospitality workers' union, i organized and spoke up in favor of stronger regulations on airbnb because the unregulated spread of airbnb throughout LA was inflating housing costs for workers and threatening their job security. do you think it's too divisive to mention regulating airbnb? idk
Nostradumbass
10:44
I wrote mine about how all activists should be consolidated into a large smelting pot and refined down to a viscous goo
Nostradumbass
10:45
Expecting a lot of rejections though
11:07
I'm sure you'll get a full ride to a few schools :P
11:11
The impression I get is most schools try not to judge based on the political implications of what you write about. They probably care more that you saw a problem and tried to fix it. That seems like a great thing to write a PS about @chowie
11:18
Besides, if a school didn’t let you in for trying to fix a problem you saw in your community, that doesn’t say great things about your school’s culture (assuming the thing you did showed good common sense judgment ofc)
11:19
That school’s* culture
11:23
Thanks Howl you're right :D I def talked about solving problems in my PS
12:03
@HowlEngineer: what's your dream school
MildChiller
12:08
"Have you applied for admission to [school] in a prior year" I applied in Oct. of the 23-24 cycle, should I put 23 or 24 as the year I applied?
MildChiller
12:09
Bcuz 2023 is when I technically applied but I applied for admissions in 2024
12:14
2024 cuz that's when you would've been admitted
I agree with Howl
12:19
Gecko what's ur dream school
Hard to say. I'm pretty firmly committed to the philly area so probably temple or villanova
Also relatively debt averse so I'd have to get a good scholarship from BC or Fordham to want to go but that's not very likely for me
Any advice? lol
[] baddestbunny
12:25
what’s a good scholarship for you? what would make BC or Fordham worth it?
12:25
Hmmmm let me think
[] baddestbunny
12:25
fordham’s max aid they give is 45k per year
Bunny I can possibly get a 75%+ scholarship from villanova or temple, and I'd be moving back in with my parents if I went there so I'd have near-zero COL. It'd be really hard to beat that
I would prefer BC over Fordham just because I like boston more, but I'm expecting a WL there tbh
I would maybe consider BC with $ but I don't know how to decide if a better biglaw chance is worth the COL + higher tuition
12:50
How do I know if my status checkers are properly linked
12:59
@ChowieBean: right now, Michigan, but there are several that come close. How about you?
13:05
@Law01: I haven't gotten the status checkers to work at all. When I sent an email to the LSData folks the other week, they said they were working on fixing them
13:10
but I think "Last Checked" would change from "Never" to something else
13:30
@HowlEngineer: I'll get more specific once I get my LSAT score, but NYU, Berk, GTown, UCLA
13:30
Anywhere that's top for PI
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