Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

genuine issue of material fact

Read a random definition: bads

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
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
LSD+ is ad-free, with DMs, discounts, case briefs & more.