summary adjudication of issues


summary adjudication of issues
n.
   a court order ruling that certain factual issues are already determined prior to trial. This summary adjudication is based upon a motion by one of the parties contending that these issues are settled and need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact by the opposing party and other discovery, as well as a legal argument (points and authorities). The other party may respond by counter-declarations and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary adjudication must be denied regarding that matter. The theory behind this summary process is to reduce the number of factual questions which will require evidence at trial and eliminate one or more causes of action in the complaint or conversely find a judgment for plaintiff. The motion for summary adjudication of issues often accompanies the broader motion for summary judgment, which can result in judgment on the entire complaint or some causes of action before the trial starts. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom such a motion is made.
   See also: summary judgment

Law dictionary. . 2013.

Look at other dictionaries:

  • summary adjudication — A court order ruling that certain factual issues are already determined prior to trial, based on a motion by one of the parties, supported by evidence, contending that these issues are settled and need not be tried. For example, in a car accident …   Law dictionary

  • summary judgment — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. summary judgment …   Law dictionary

  • Summary judgment — For the simplification and shortening of a longer text, see Summary. Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal… …   Wikipedia

  • List of law topics (S-Z) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • PLANS — People for Legal and Non Sectarian Schools (PLANS) is an organization based in California in the United States which campaigns against the public funding of Waldorf methods charter schools alleging they violate the United States Constitution s… …   Wikipedia

  • L.A. Times v. Free Republic — is a 1998 United States district court copyright law case. Several newspapers sued the Internet forum Free Republic for allowing its users to repost the full text of copyrighted newspaper articles, asserting that this constituted copyright… …   Wikipedia

  • Concealed carry in the United States — U.S. Firearms Legal Topics Assault weapons ban ATF Bureau Brady Handgun Violence Prevention Act Concealed carry in the U.S. Domestic Violence Offender Gun Ban …   Wikipedia

  • Law, Crime, and Law Enforcement — ▪ 2006 Introduction Trials of former heads of state, U.S. Supreme Court rulings on eminent domain and the death penalty, and high profile cases against former executives of large corporations were leading legal and criminal issues in 2005.… …   Universalium

  • Social Security (United States) — This article is about the retirement/disability program. For the general concept of providing welfare, see Social security. For other uses, see Social Security (disambiguation) …   Wikipedia

  • International child abduction in Mexico — Coat of arms of Mexico Main article: International child abduction Mexico is amongst the world s most popular sources and destinations for international child abduction while also being widely regarded as having one of the least effective systems …   Wikipedia


Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”

We are using cookies for the best presentation of our site. Continuing to use this site, you agree with this.