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If you have "no genuine issue of material fact", you have nothing. You are not making a complaint or argument worth listening to any more because you are not presenting any provable facts.

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16y ago

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Wha is the difference between relevant and material in evidence?

Relevant evidence is evidence that has a tendency to make a fact more or less probable than it would be without the evidence. Material evidence is evidence that is related to an issue in the case and has the potential to affect the outcome of the case. Relevant evidence is broader in scope, while material evidence specifically pertains to the issues at hand in a case.


A lawsuit may be resolved before trial by the judge granting a?

motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.


How does fact differ from a material fact in a legal aspect?

In a legal context, a fact is a piece of information that is objectively true or can be proven through evidence. A material fact is a fact that is significant and relevant to a decision-making process in a legal case. Material facts are crucial in determining the outcome of a case, whereas other facts may not have the same impact.


A cause of action that's good enough to require rebuttal and to submit the case to trial is what?

A cause of action that requires rebuttal and trial typically involves a claim where the plaintiff has provided enough evidence to support their allegations, creating a genuine issue of material fact that needs to be resolved by the court. This typically involves situations where the defendant's actions or negligence have caused harm or damages to the plaintiff, leading to a disputed legal issue that must be adjudicated through the trial process.


What do you mean by bilateral mistake of fact and law?

a bilateral mistake of fact is when both parties that entered an agreement are in error. In such case the mistake goes to 1. a basic assumption, 2. if it has a material affect on the exchange and 3. if the affected party does not bear the risk of the mistake, which means if the risk is allocated by the contract, if the party was aware that the did not know everything, but believed they knew enough and if the risk is allocated by the court because it is reasonable.

Related Questions

Is downloading from torrent legal or not?

The answer depends on what material you are downloading. The fact that it is a torrent is unimportant, the issue is whether or not you have a legal right to the material.


Can someone show an example of a case where a motion for a summary judgment will be granted?

Summary judgment is granted when there is no dispute as to any of the material facts in the incident that caused the lawsuit so that, as a matter of law, one party or the other is entitled to judgment as a matter of law. In a suit on a credit card bill, if the defendant does not dispute that he is responsible for the full amount claimed by the credit card company, but just won't pay it, the plaintiff is entitled to summary judgment without having to go to trial because the defendant admits the debt. There is no genuine issue of material fact that has to be resolved by trial. Now if the defendant denies that he is responsible for all or part of the debt (for instance if the card had been stolen and charges were billed for purchases not made by the defendant but the credit card company does not believe him) there is an issue of material fact that has to be determined at a trial. The issue is did the defendant actually make the charges or not. Summary judgment cannot be granted as long as there is a genuine issue.


When was Material Issue created?

Material Issue was created in 1985.


What was Barney fife's uniform material made of?

Genuine whiplash cord.


Under what two conditions is motion for a summary judgment appropriate?

(1) there must be no genuine issues of material fact, and (2) the movant must be entitled to judgment as a matter of law.


Wha is the difference between relevant and material in evidence?

Relevant evidence is evidence that has a tendency to make a fact more or less probable than it would be without the evidence. Material evidence is evidence that is related to an issue in the case and has the potential to affect the outcome of the case. Relevant evidence is broader in scope, while material evidence specifically pertains to the issues at hand in a case.


Is hot dog a genuine skylanders giant character?

No its not for a matter of fact


Do corporations issue stocks and bonds?

They do in fact issue stocks and bonds.


A lawsuit may be resolved before trial by the judge granting a?

motion for summary judgment, which dismisses the case if there are no genuine issues of material fact to be resolved, and one party is entitled to judgment as a matter of law.


How do you write a defendants motion for summary judgment?

You lay out the material facts and establish that there is no genuine issue of material fact and show the Court that you are entitled to judgment in your favor as a matter of law. Meaning even if all the allegations from the other side are taken as true, you win based upon the law. Summary judgment can be as to all or just part of the issues in a case. The Court will review the facts in the light most favorable to the non-moving party when deciding whether to grant summary judgment or not.


A summary judgment is granted only if there is no genuine question of law?

True. Summary judgment will be granted only if there are no genuine question of fact and the sole question is a question of Law.


What evidence is logically connected to fact at issue?

Evidence that directly supports or refutes the fact in question and is based on reliable sources or data is logically connected to the fact at issue. This evidence should be relevant, accurate, and verifiable to strengthen the argument or claim about the fact in question. Providing multiple sources or data points that align with the fact further solidifies the logical connection between the evidence and the fact at issue.