HopefullyInLawSchool
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Simple English definitions for legal terms
motion for a summary judgment
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A quick definition of motion for a summary judgment:
A motion for a summary judgment is a written request asking a judge to make a decision in favor of one party before a trial. The request is based on evidence that has already been recorded, such as written statements or answers to questions. The party making the request argues that all the important facts and laws are on their side. The other party can respond by showing that there are still important facts or laws that need to be decided at a trial. If the judge agrees with the request, the case may be over without a trial. However, if there are still important things to decide, the case will continue to a trial. The process can be complicated and requires a lot of paperwork.
A more thorough explanation:
Definition: A written request for a judge to make a decision in favor of one party before a trial based on evidence that has already been recorded. This evidence can include written statements, depositions, and answers to questions. The party making the request argues that all the facts and laws support their case. The other party must show that there are still important facts or laws that need to be decided in a trial.
Example: A person is suing their former employer for wrongful termination. The employer files a motion for summary judgment, arguing that there is no evidence to support the employee's claim. The employee responds with evidence that they were fired because of their age, which is illegal. The judge decides that there is enough evidence to go to trial.
Explanation: The employer is trying to avoid a trial by arguing that there is no evidence to support the employee's claim. The employee responds with evidence that supports their claim. The judge decides that there is enough evidence to go to trial, which means that the case will continue and both parties will have a chance to present their evidence in court.