summary judgment

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2 headnotes for summary judgment

More than 10.000 documents for summary judgment

- Summary Judgment Is Constitutional
This Article demonstrates that and does not violate the Seventh Amendment. Two historical antecedents, used by common-law courts, justify modern summary judgment, trial by inspection and demurrer to the evidence. Trial by inspection, as explained by Blackstone, Coke, and Maitland, allowed a common-law judge to inspect evidence visually and then decide "obvious" cases without ever impaneling a jury. In contrast, a jury would be used if pretrial inspection demonstrated legitimate "doubt" about the relevant issue. Demurrer to the evidence, while not identical to summary judgment, is similar because it allowed a judge to take a case away from a jury where the nonmovant's evidence failed to prove a claim or defense. The Article criticizes a rigid interpreta...
- Iowa Law Review
- Nbr. 93-5, July 2008
- The Unconstitutionality of Summary Judgment: A Status Report
Summary judgment is unconstitutional. This Symposium Article summarizes this thesis, which was first set forth in Why Summary Judgment Is Unconstitutional, published by the Virginia Law Review. This Article also describes the attention that the thesis has begun to receive in the federal courts and in the media.
- Iowa Law Review
- Nbr. 93-5, July 2008
- Copyright Law: Infringement of Musical Works and the Appropriateness of Summary Judgment Under the Federal Rules of Civil Procedure, Rule 56(C)
[...] copying whether sought to be proven through evidence of access and similarities or striking or probative similarities, is most likely to be absent upon an alleged infringer's motion for summary judgment.
- University of Memphis Law Review, The
- Vol. 39 Nbr. 4, July 2009

- Summary Judgment: Five Appeals To The Ontario Court Of Appeal.
The Ontario Court of Appeal recently heard a number of cases dealing with Ontario's new summary judgement rules. In deciding these cases, we hope the ...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- 13 CFR 134.212 - Summary judgment.
- Code of Federal Regulations - Title 13: Business Credit and Assistance
- Tribes Request Partial Summary Judgment in Sardis Lawsuit in Okla.
Attorneys for the Chickasaw and Choctaw nations filed a motion Tuesday asking for partial summary judgment in their federal lawsuit over the Sardis Lake Reservoir. Tribal attorney Michael Burrage said the filing was the appropriate step to clarify issues and protect the current legal process surrounding the lawsuit.
- The Journal Record
- February 22, 2012
- Bifurcating discovery for early summary judgment in class actions.
HOW BEST to defend a new class action in which you think your client does not belong? Make a strong showing right out of the gate, and seek an early d...
- Defense Counsel Journal
- Vol. 78 Nbr. 2, April 2011
- A 'Fresh' Approach To Summary Judgment: The Ontario Court Of Appeal Creates New 'Full Appreciation' Test.
On December 5, 2011, a five-judge panel of the Ontario Court of Appeal released its decision in Combined Air Mechanical Services Inc v Flesch1 and pro...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- A Tried And True Summary Judgment Option In Pharmaceutical And Medical Device Failure To Warn Cases.
Summary judgment is a manufacturer's goal in almost every case. Often, it's an uphill battle. For example, a recent Supreme Court decision has made su...
- Mondaq Business Briefing
- Nbr. 2012, January 2012
- 5 CFR 1210.20 - Summary judgment.
- Code of Federal Regulations - Title 5: Administrative Personnel