In law, a dispositive motion is a motion seeking a court order entirely disposing of one or more claims in favor of the moving party without need for further court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party. As a lawsuit may be comprised of numerous claims made by and against numerous parties, not every dispositive motion seeks to dispose of the entire lawsuit. Law (from the late Old English lagu of probable North Germanic origin) in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, intended to provide methods for ensuring the impartial treatment of such people, and provide... This article is in need of attention from an expert on the subject. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ...
The two principal types of dispositive motion are the motion to dismiss and the motion for summary judgment. A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. Although a voluntary dismissal is not considered to be a dispositive motion, in U.S. federal practice, subsequent voluntary dismissals of a claim without the consent of the adverse party may permanently bar the dismissing party from filing the same claim again. In litigation, a dismissal the result of a successful motion to dismiss. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party... In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ... A criminal conviction is quashed if it is overturned, usually due to the trial having been in some way improper. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ...
Categories: Law stubs | Legal terms | Civil procedure | Criminal procedure This article is in need of attention from an expert on the subject. ... Summary judgment in U.S. legal practice is a judgment awarded by the court prior to trial, based upon the courts finding that: (1) there are no issues of material fact requiring a trial for their resolution, and (2) in applying the law to the undisputed facts, one party...
Motions may be made at any point in the proceedings, although that right is regulated by court rules which vary from place to place.
Motions to dismiss and motions for summary judgment are types of dispositivemotions.
The motion to compel is used to ask the court to order the non-complying party to produce the documentation or information requested, and/or to sanction the non-complying party for their failure to comply with the discovery requests.
In opposing the motion, the plaintiff would not be permitted to rest upon the unsubstantiated allegations contained in his complaint.
Rather, to survive the motion, the plaintiff would be required to show the judge whatever evidence he intends to produce at trial to persuade rational jurors, reaching a verdict based upon the evidence, that his own light was green, and the defendant’s red.
A motion for summary judgment in United States District Court is governed by Rule 56 of the Federal Rules of Civil Procedure.
Share your thoughts, questions and commentary here
Want to know more? Search encyclopedia, statistics and forums:
Press Releases |
The Wikipedia article included on this page is licensed under the
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m