Partial summary judgment
In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Such a judgment may be issued on the merits of an entire case, or on discrete issues in that case. Today, summary judgment is governed by Federal Rule 56 of the Federal Rules of Civil Procedure, derived primarily from the three seminal cases concerning summary judgment out of the 1980s. See FRCP 56; Celotex Corp. v. Catrett, 477 U.S. 317, 322–27 (1986) (clarifying the shifting allocations of burdens of production, persuasion, and proof at summary judgment); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 257 (1986) (applying heightened evidentiary standard of proof in libel action to judicial assessment of propriety of summary judgment); Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 596–98 (1986) (holding antitrust plaintiff with an inherently implausible claim was subject to dismissal at summary judgment).
In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional common law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury.
Absent an award of summary judgment (or some type of pretrial dismissal), a lawsuit will ordinarily proceed to trial, which is an opportunity for litigants to present evidence in an attempt to persuade the factfinder that they are saying "what really happened," and that, under the applicable law, they should prevail.
The necessary steps before a case can get to trial include disclosing documents to the opponent by discovery, showing the other side the evidence, often in the form of witness statements. This process is lengthy, and can be difficult and costly.
A party moving (applying) for summary judgment is attempting to avoid the time and expense of a trial when the outcome is obvious. A party may also move for summary judgement in order to eliminate the risk of losing at trial, and possibly avoid having to go through discovery (i.e., by moving at the outset of discovery), by demonstrating to the judge, via sworn statements and documentary evidence, that there are no material factual issues remaining to be tried. If there's nothing for the factfinder to decide, then the moving party asks rhetorically, why have a trial? The moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in its favor. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party that is entitled to judgment as a matter of law.

This is an excerpt from the article Partial summary judgment from the Wikipedia free encyclopedia. A list of authors is available at Wikipedia.
The article Partial summary judgment at en.wikipedia.org was accessed 28 times in the last 30 days. (as of: 11/23/2013)
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Partial summary judgment - Legal Dictionary - The Free Dictionary
Summary Judgment. 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 ...
legal-dictionary.thefreedictionary.com/Partial+summary+judgment
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Rule 56. Summary Judgment | LII / Legal Information Institute
(a) Motion for Summary Judgment or Partial summary judgment. A party may move for summary judgment, identifying each claim or defense — or the part of ...
www.law.cornell.edu/rules/frcp/rule_56
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Summary judgment - Wikipedia, the free…
In law, a summary judgment (also judgment as a matter of law) is a judgment entered by a court for one party and against another party summarily, i.e., without a full ...
en.wikipedia.org/wiki/Summary_judgment
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Ten Commandments of Summary Judgment - Lerch, Early & Brewer
Jul 21, 2011 ... Even if a motion for summary judgment does not resolve a case in its entirety, the court may enter Partial summary judgment, determine that ...
www.lerchearly.com/publications/480-the-ten-commandments-summary-judgment-practice
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What Is a Partial Summary Judgement - Ask.com
A partial summary judgement is a legal term used to refer to a procedure used during civil litigation to promptly and expeditiously dismiss a case without a trial.
www.ask.com/question/what-is-a-partial-summary-judgement
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Plaintiff's motion for partial summary judgment | Electronic Frontier ...
Main menu. Home · About · Our Work · Deeplinks Blog · Press Room · Take Action · Shop · Jewel v. NSA. Plaintiff's motion for Partial summary judgment ...
www.eff.org/document/plaintiffs-motion-partial-summary-judgment
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Plaintiffs' Motion for Partial Summary Judgment | Electronic Frontier ...
... Our Work · Deeplinks Blog · Press Room · Take Action · Shop · First Unitarian Church of Los Angeles v. NSA. Plaintiffs' Motion for Partial summary judgment ...
www.eff.org/document/plaintiffs-motion-partial-summary-judgment-0
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Defendants' Motion for Partial Summary Judgment - Turtle Talk
enter Partial summary judgment in favOr of Defendants, Spirit CoueCemetery Associatiomand. George E. Swindells and Susan Hawes-Swindells. This motion is ...
turtletalk.files.wordpress.com/2013/07/defendants-motion-for-partial-summary-judgment.pdf
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Summary Judgment - Practical Law
A court may grant summary judgment disposing of all of the claims (or defenses) in the case. Alternatively, the court may grant Partial summary judgment, ...
us.practicallaw.com/1-502-4081
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Civil Procedure, Summary Judgment, and How "Partial" Can You Get?
Aug 10, 2012 ... A recent change to the federal rules of civil procedure create slight ambiguity as to how partial a Partial summary judgment can be. For example ...
www.minnesota-litigator.com/2012/08/10/civil-procedure-summary-judgment-partial/
Search results for "Partial summary judgment"
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Partial summary judgment in science
Summary Judgment | LII / Legal Information Institute
To succeed in a motion for summary judgment, a movant must show 1) that there are no disputed material issues ... Judges may grant Partial summary judgment.
[PDF]AUH's Order for Partial Summary Judgment on ... - Hawaii.gov
Plaintiff, vs. AMERICAN UNIVERSITY HAWAII, ... American University of Hawaii and. AUH and ... Plaintiff having filed a Motion for Partial summary judgment on.
Plaintiffs' Renewed Motion for Partial Summary Judgment in Gratz
Granting summary judgement on liability, pursuant to Federal Rule of Civil ... Declaring that the University and Lee Bollinger , acting in his official capacity, have ... to Partial summary judgment on liability because defendants' race- conscious ...
Texas Southern University loses partial motion for summary ...
Oct 25, 2012 ... Texas Southern University has lost its motion for Partial summary judgment in a race-discrimination suit brought by Patricia Garrison, a white ...
Grutter v. Bollinger: Motion for Summary Judgment
Plaintiff and the Class Are Entitled to Partial summary judgment and Declaratory ... judgment on the issue of whether the Board of Regents of the University of ...
[PDF]Read judge's order here - WV MetroNews
Nov 22, 2013 ... Upon RFP 90002 782 "and “Motion for Partial summary judgment of West ... summary judgment, filed by West Virginia University Board of ...
[PDF]Plaintiff's Motion for Partial Summary Judgment - The University of ...
summary judgment as to liability for the reasons set forth in the accompanying Memorandum in. Support of Motion for Partial summary judgment. Plaintiffs ...
[PDF]Order and Memorandum Granting Partial Summary Judgment 2008 ...
Feb 11, 2008 ... 1852, appeared on behalf of the Board of Regents for the University of ... The motion to dismiss and for summary judgment by Dr. Stephen ...
[PDF]Rule - The Foundation for Individual Rights in Education
Sep 3, 2010 ... Thomas Hayden Barnes's motion for summary judgment [Doc. No. 179]; ... the plaintiff, Thomas Hayden Barnes, from Valdosta State University.
Case History Timeline-Patent Lawsuit - Carnegie Mellon University
Carnegie Mellon Moves for Partial summary judgment Dismissing Marvell's ... Marvell Moves for Summary Judgment Regarding Group II Patents; Court Grants  ...
Books on the term Partial summary judgment
Superseding and Staying Judgments: A National Compendium
Superseding and Staying Judgments: A National Compendium
Roger Townsend, 2007
The judge may issue a partial final judgment, which is considered a final judgment even though it does not grant all the ... grants judgment on the pleadings; • grants summary judgment (except Partial summary judgment); • enters judgment on ...
Business Law: Text and Cases: Legal, Ethical, Global, and Corporate Environment
Business Law: Text and Cases: Legal, Ethical, Global, and Corporate Environment
Kenneth W. Clarkson, Roger LeRoy Miller and Frank B. Cross, 2010
Comprehensive, authoritative, and student-friendly, longtime market-leader Business Law: Text and Cases - Legal, Ethical, Global, and Corporate Environment delivers an ideal blend of classic "black letter law" and cutting-edge coverage of contemporary issues and cases. The first text to implement an undergraduate-oriented pedagogy with tr...
Moore's AnswerGuide: Federal Civil Motion Practice
Moore's AnswerGuide: Federal Civil Motion Practice
The Law Firm of JENNER & BLOCK LLP Chicago, 2012
Moore's AnswerGuide: Federal Civil Motion Practice answers your basic questions about civil motions in federal civil cases, including topics such as Rule 12 motions to dismiss, summary judgment motions, and motions for costs and attorney's ...
Point Made: How to Write Like the Nation's Top Advocates
Point Made: How to Write Like the Nation's Top Advocates
Ross Guberman, 2011
With Point Made, legal writing expert Ross Guberman throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art,...
Civil Procedure
Civil Procedure
Steven Emanuel, Lazar Emanuel, 2008
Partial summary judgment: Summary judgment may be granted with respect to certain claims in a lawsuit even when it is not granted with respect to all claims. This is called Partial summary judgment. See Rule 54(b). (Example: Where P sues ...
How and When to be Your Own Lawyer
How and When to be Your Own Lawyer
Robert W. Schachner, 2001
From filing small-claims paperwork and using a law library to preparing a case and conducting a trial, readers will learn basic legal techniques to handle their own civil claims. Also included are sample legal forms, a concise dictionary of legal terms, anecdotes, and real-life case scenarios. --This text refers to an out of print or unavailable e...
Preparing for Trial in Federal Court
Preparing for Trial in Federal Court
Phillip Kolczynski, 1996
Pursuant to FRCP 56(a), a party is entitled to summary judgment if the law and evidence show that (1) no genuine issue exists as to ... Even if you cannot obtain summary judgment on the whole case, it is common to move for “partial” summary ...
A Civil Action
A Civil Action
Jonathan Harr, 1996
"The legal thriller of the decade." --Cleveland Plain DealerNow a Major Motion Picture!In this true story of an epic courtroom showdown, two of the nation's largest corporations stand accused of causing the deaths of children. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving la...
Litigation and Trial Practice
Litigation and Trial Practice
William M. Hart, M.D., Roderick D. Blanchard, 2006
practical matter, most summary judgment motions are made only after both parties have had an opportunity to conduct sufficient ... Partial summary judgments A summary judgment may resolve a part of a case leaving the rest to go to trial.
Law 101: Everything You Need to Know About American Law
Law 101: Everything You Need to Know About American Law
Jay M. Feinman, 2010
The first two editions of the best-selling Law 101 provided readers with a vividly written and indispensable portrait of our nation's legal system. Now, in this third edition, Jay M. Feinman offers a fully updated survey of American law that incorporates fresh material on 2009 Supreme Court cases, the legal response to the war on terror (inclu...
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Blog posts on the term
Partial summary judgment
ParkerVision, Inc. (PRKR): ParkerVision Loses Motion For Summary Judgment - Seeking Alpha
In the patent lawsuit between ParkerVision (PRKR) and Qualcomm (QCOM), Judge Dalton issued his ruling on ParkerVision's motion(s) for partial summary
seekingalpha.com/article/1658402-ParkerVision-Loses-Motion-For-Summary-Judgment
The TTABlog®: TTAB Grants Petitioner STP's Summary Judgment Motion After Registrant Admits Everything
Bad things can happy to a party that doesn't respond to admission requests. Respondent Autoplastic, a Russian company, owned a registration for the mark shown immediately below, for various insulating, sealing, and soundproofing products for automobiles.
www.thettablog.blogspot.com/2013/12/ttab-grants-petitioner-stps-summary.html
Partial summary judgment sought in Rex-related case | The Journal Record
An arm of Miami, Fla.-based Rialto Capital Management has sought a Partial summary judgment in its $4.7 million fraudulent transfer case involving Tulsa's Pamela D. Rex and four Tulsa properties.
journalrecord.com/2013/12/02/woman-trust-face-4-7-million-lawsuit-fraud-claims-real-estate/
Tennessee Federal Judge Grants Partial Summary Judgment In Copyright Case
CHATTANOOGA, Tenn. - A defendant accused of infringing copyrights in several "room scene images" for use in the carpet and flooring industry won Partial summary judgment Oct. 23 from a Tennessee federal judge (Virtual Studios Inc. v. Hagaman...
www.lexisnexis.com/legalnewsroom/mealeys/b/newsheadlines/archive/2013/10/25/tennessee-federal-judge-grants-partial-summary-judgment-in-copyright-case.aspx
Partial summary judgment granted after early reduction to practice challenge : Delaware Patent Litigation Report
L-3 Communications Corporation v. Sony Corporation, et al., C.A. No. 10-734 - RGA, October 16, 2013 Andrews, J. Plaintiff’s Motion for Partial
depatentlaw.morrisjames.com/2013/10/articles/case-summaries/summary-judgment/partial-summary-judgment-granted-after-early-reduction-to-practice-challenge/
'Black Swan' Interns Win Partial Summary Judgment Against Fox Searchlight (Updated) - TheWrap
Fox Searchlight says it will seek to have the judge's rulings reversed
www.thewrap.com/movies/article/black-swan-interns-win-partial-judgment-against-fox-searchlight-96826
Partial Summary Judgment granted on appeal
nofault.lisquared.com/?p=4388
Partial Summary Judgment Granted/Denied in Arista’s Infringement Action against LimeWire: Arista Records, et. al. v. Lime Group, et. al., 06 CV 5936 (SDNY April 29, 2011) – FREE DOWNLOADS
On May 11 th , 2010, the United States District Court for the Southern District of New York granted summary judgment in favor of plaintiffs, Arista Records, et. al., on their claims against defendants, Lime Wire, et. al., for secondary copyright infringement...
www.lexisnexis.com/legalnewsroom/intellectual-property/b/copyright-trademark-law-blog/archive/2011/05/04/partial-summary-judgment-granted-denied-in-arista-s-infringement-action-against-limewire-arista-records-et-al-v-lime-group-et-al-06-cv-5936-apr
Eastern District of Texas Federal Court Practice: Motion for Partial Summary Judgment Excluding License Defenses Granted
Ericsson v. D-Link, 6:10cv473 (6/20/13) Judge: Leonard Davis Holding: Motion for Partial summary judgment Excluding License Defenses GRANTED At issue on this license defense was agency law - the release at issue did not apply to the plaintiffs so the...
mcsmith.blogs.com/eastern_district_of_texas/2013/07/motion-for-partial-summary-judgment-excluding-license-defenses-granted.html
Court grants partial summary judgment in favor of Plaintiff, remanding claim back to Aetna to review records it failed to review during the appeals process
Aetna abused its discretion by failing to provide Plaintiff with entire claim file which showed Aetna's peer review physician requested additional medical...
www.diattorney.com/court-grants-partial-summary-judgment-in-favor-of-plaintiff-remanding-claim-back-to-aetna-to-review-records-it-failed-to-review-during-the-appeals-process/
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