Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

genuine issue of material fact

Read a random definition: hit

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.

genocide | Georgia

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
18:13
Babycat are you drinking the chemical waters
BulbasaurNoLikeCardio
18:13
Told them this is ridiculous and they took $140 off so my patience has been bought. Now I need to find another distraction from this shitty teacher
18:13
Original price was 460 they just ripped ya off
18:13
jk that is nice
babycat
18:14
@EvolBunny: I love fluoride 😍😍😍
18:14
omg me too
BulbasaurNoLikeCardio
18:15
@EvolBunny: I am fine with them making their cut and all that but I bought it with an adjustable gas block, new LVPO and foregrip so I just have a bunch of parts and ammo with no way to shoot it
@BulbasaurNoLikeCardio: i mean getting paid for their incompetence is based
18:15
they think you are going to attack dj trump
BulbasaurNoLikeCardio
18:18
@BulbasaurNoLikeCardio: they blaimed it on their IT team for not updating it as out of stock when I paid but like buying something in stock in September then being told I won't get it until mid January is pretty wild. I do not hunt anymore but their mistake would of caused me to miss the entire season. If it wasn't so hard to get left handed ARs I would of gone elsewhere
oh that's kind of worth more than $140
that's at least $300
18:19
@BulbasaurNoLikeCardio: what you gonna do when january hits and they are like "it still isnt here come back in april"
BulbasaurNoLikeCardio
18:20
Its a $600 part, they already covering shipping and paying the tax so $140 is an additional 25% off.
BulbasaurNoLikeCardio
18:20
If it doesn't come January I am going to just say fuck it and toss everything on the right handed upper and just eat gas.
18:21
You should have said to refund you or give 300 off
18:21
wasp is wasp
18:21
knows how be rich and demand shit lmfao
i am atheist not protestant
18:22
same thing tho ya? - catholic
BulbasaurNoLikeCardio
18:23
Ill just keep arguing for more money off until I get it or they end up paying me to take it lmao
18:24
what other guns ya got
are we losing hope for gtown lol
yeah i dont think gtown does A's this late unfortunately
18:25
it is like 630 on a friday there bud
18:25
think it is safe to say it aint happenin today\
damn it was a slow day today
BulbasaurNoLikeCardio
18:26
I got a custom built Leftie ar15 I run suppressed, a regular ar15, a .270 axis savage bolt gun, xd9, xd40 and have my AR10 I run suppressed.
BulbasaurNoLikeCardio
18:26
I do not think we will see a wave until after thanksgiving. Adcoms will be nice and not ruin someones thanksgiving with an R
18:28
ruin my thanksgiving law schools uwu
LSD+ is ad-free, with DMs, discounts, case briefs & more.