Legal Vocabulary: Summary Judgment
According to The Free Dictionary summary judgment is defined as follows: “A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no dispute as to the material facts of the case and a party is entitled to judgment as a matter of law.
Any party may move for summary judgment; it is not uncommon for both parties to seek it. A judge may also determine on her own initiative that summary judgment is appropriate. Unlike with pretrial motions to dismiss, information such as affidavits, interrogatories, depositions, and admissions may be considered on a motion for summary judgment. Any evidence that would be admissible at trial under the rules of evidence may support a motion for summary judgment. Usually a court will hold oral arguments on a summary judgment motion, although it may decide the motion on the parties’ briefs and supporting documentation alone.
The purpose of summary judgment is to avoid unnecessary trials. It may also simplify a trial, as when partial summary judgment dispenses with certain issues or claims. For example, a court might grant partial summary judgment in a personal injury case on the issue of liability. A trial would still be necessary to determine the amount of damages.
Two criteria must be met before summary judgment may be properly granted: (1) there must be no genuine issues of material fact, and (2) the Movant must be entitled to judgment as a matter of law.”
Quick Study List: The Bill Of Rights
Here’s a Quick List I use to review the Bill of Rights:
Amendment 1: Freedom of religion, speech, press, assembly, and petition.
Amendment 2: Right to bear arms.
Amendment 3: No quartering of soldiers.
Amendment 4: Freedom from unreasonable searches and seizures.
Amendment 5: Right to due process of law, freedom from self-incrimination and double jeopardy.
Amendment 6: Right to a speedy and public trial.
Amendment 7: Right to trial by jury in civil cases.
Amendment 8: Freedom from excessive bail, cruel and unusual punishments.
Amendment 9: Other rights of the people.
Amendment 10: Powers reserved to the states.
What Rules Govern Depositions?
Rules 26 through 30, 32, 37, and 45 of the FRCP are the main rules that govern depositions.
CLICK HERE for an explanation of the FRCP.
What Is FRCP?
The Federal Rules of Civil Procedure is commonly known in the legal community by the acronym FRCP. These set of rules dictate the civil procedures that must be followed in federal court cases. This includes rules that must be adhered to during discovery.
Although, as the name states, these rules apply to federal cases, almost all of the states in America have adopted an almost identical version of the FRCP for their rules of discovery.
Legal Vocabulary: Abstract Of Title
Investopedia states the following regarding an abstract of title: “A brief history of the titles for a piece of land. The abstract of title lists all of the legal actions that have been performed or used in conjunction with a piece of property. This is used to determine whether or not there is any kind of claim against a property.
The abstract of title includes transfers, grants, wills and conveyances, liens and encumbrances. It also provides any evidence or proof of satisfaction or other facts or information pertinent to a piece of property. All potential buyers of a property should request this to determine the status of the property.”
Legal Vocabulary: Aliunde
Aliunde is defined by Webster’s as: “From a source extrinsic to the principal matter; from elsewhere: Testimony to explain or contradict a written instrument from other sources than itself is evidence aliunde.”
Machine Briefs:
OPTIION #1: aliunde= A/LI/UN/D*I
OPTIION #2: aliunde= A/LI/UN/DAO*E
OPTIION #3: aliunde= A/LI/UND/YI
Legal Vocabulary: Motion In Limine
Nolo defines motion in limine as: “A motion made before a trial begins, asking the court to decide whether particular evidence will be admissible. A motion in limine is most often made to exclude evidence by a party who believes that evidence would prejudice the jury against him or her. For example, a defendant in a criminal trial might make a motion in limine to exclude evidence of previous crimes.”
Machine Briefs:
Option #1: limine= LIM/N*I
Option #2: limine= LIM/NAO*E
Objections During Depositions
Legal Vocabulary: Scienter
Scienter is Latin for “having knowledge.” According to Law.com, “In criminal law, it refers to knowledge by a defendant that his/her acts were illegal or his/her statements were lies and thus fraudulent.”
Machine Briefs:
OPTION #1: scienter= SAOI/SB*ER
OPTION #2: scienter= SAOI/EN/TER
OPTION #3: scienter= SAOI/EN/T*ER