genuine issue of material fact

From Wiktionary, the free dictionary
Jump to navigation Jump to search

English

[edit]

Noun

[edit]

genuine issue of material fact (plural genuine issues of material fact)

  1. (law) A dispute over a material fact upon which the outcome of a legal case may rely, and which therefore must be decided by a judge or jury; a dispute which precludes summary judgment.
    • 1940 Banco De Espana v. Federal Reserve Bank, 114 F.2d 438, 447 (2d Cir. 1940):
      We think there is nothing in these three asserted facts which has a direct bearing upon, or casts doubt as to, the particular and detailed circumstances presented by the Ambassador. They are inadequate to show a genuine issue of material fact as to the existence of the original documents.
    • 1986, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986):
      The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.
    • 1989, Scrushy v. Tucker, 955 So. 2d 988, 1006 (Ala. 2006) quoting Bass v. SouthTrust Bank of Baldwin County, 538 So. 2d 794, 797-98 (Ala. 1989):
      The principles of law applicable to a motion for summary judgment are well settled. To grant such a motion, the trial court must determine that the evidence does not create a genuine issue of material fact and that the movant is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact.
    • 1999, Adam L. Brookman, Trademark Law: Protection, Enforcement and Licensing, s. 9.04H:
      Once the moving party has demonstrated the absence of a genuine issue of material fact, the party opposing the motion must then "set forth specific facts showing that there is a genuine issue for trial."
    • 2004, Alan L. Durham, Patent Law Essentials: A Concise Guide, page 180:
      Summary judgment is granted if a judge finds that there is no "genuine issue of material fact" for decision by a jury.
    • 2006, Harrold v. Artwohl, 132 P.3d 276, 277 (Alaska 2006):
      The main question in this appeal is whether Harrold raised any genuine issues of material fact requiring a trial.
    • 2007, Armour v. Knowles, 512 F.3d 147 (5th Cir. 2007):
      Beyoncé successfully moved for summary judgment, contending that Armour had not established any genuine issues of material fact.

References

[edit]
Retrieved from "https://en.wiktionary.org/w/index.php?title=genuine_issue_of_material_fact&oldid=73239903"