Thanks Chicken237 (typing Chicken237 for some reason makes me happy). If you are interested, the uslawessentials website has more information, glossary, etc. Please let me know if other topics interest you. uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Same here! I needed to know what summary judgment was for a grad school project, & I felt so confused after reading definitions online. This video really clarified it.
Thank you for these videos and these little cartoons. I’ve looked up the definitions of motions everywhere and never understood it. But seeing it play out in the animations really helped me understand the concept 10000000% tttyyyy
Thanks so much AV. Also, if you visit uslawessentials.com, you'll see that key words include tooltip definitions and there are explanations and examples of other topics that might interest you.
What if someone files Summary Judgement against me, but the facts show that a jury would not be able to rule in the moving party's favor? Would I tell the judge that they should not be granted Summary Judgement because given all the facts a reasonable Jury could certainly rule in my favor(Me being the adverse party)? Thank you
Yes... it makes alot of sense... i greatly appreciate your quick and clear response... and your video is great!...very succinct....and if thats u speaking a great voiceover to go with it...
I have to present a summary judgement with memorandum supporting my contentions to the United States Courthouse in a Social Security benefits case. I am appearing pro se. And I'm not certain what to do.
uslawessentials.com/2015424what-does-nonmovant-mean/amp/ The moving party is the party making the motion- the party asking the judge to make a particular ruling.
In the following scenario, where more than one defendant is involved in the civil lawsuit, one of those defendants files a motion for summary judgment and he wins. Will the case be dismissed completely or it will proceed with the remaining defendants?
Hi HK. I can't give advice on an actual legal case. But in the circumstances you are describing the case would proceed against the remaining defendants.
Hi MD. A motion for a directed verdict / motion for judgment of acquittal in a criminal case is similar to an in-trial motion for judgment as a matter of law in a civil case but it is different because only the defendant can move. The government can't move for a directed verdict in a criminal case. Both plaintiffs and defendants can move for judgment as a matter of law in a civil case. Similarly, a motion for summary judgment in a civil case is available to both plaintiffs and defendants. In a criminal case, only the defendant would be moving to dismiss the indictment.
USLawEssentials thanks for the feedback. This is still confusing. Possibly because there is no context. I recently read a case where the plaintiff in a criminal case moved the court to enter a dv and the court granted it. Is that because the defendants were unable to prove a prima facie case for jury consideration? I’m also confused about the timing. At what point in the process would someone ask the court to enter a dv? In the case I read, the P asked for a dv after both P and D submitted briefs to the court.
MD, are you sure this was a criminal case? I can comment on the case if you have a link to it online or a case citation. Are you reading the case for a class? I can't give legal advice so if this is a litigation in which you have an interest please consult an attorney in your state.
In summary judgments court orders are written by the favoring lawyer so that judge can get rid of the case without reading a word of any filing, and this way the judgment won't reflect judge's lack of understanding of the case. Large law firms contribute to judges' re-election campaigns, and judges rule in their favor to return the favor.
Also Federal Government lawyers can write the summary judgements for the Federal judge to rule in favour of the Government and its employees. If it's not appealed it becomes a final judgement. James King of Brownback v King is going to find out the hard way that he can't hold the officers who recklessly and wantonly brutalised him and maliciously prosecuted him accountable because his idiot lawyer decided not to appeal his FTCA claim because in the lawyer's words, "it was too complicated". I read the underlying court decisions and complaints, and read and viewed some of the evidence and found appealing it was just too easy! Instead the attorney's boneheaded decision has and will result in the FTCA's S2676 judgement bar operating beyond the scope Congress intended* and beyond the scope of res judicata** * Brownback v King: no action under S1346(b) is required to trigger the judgement bar. This is the first judge-made law re: the FTCA, beyond the intent of Congress. ** Brownback v King II (future): any judgement that triggers the same judgement bar also serves to preclude or reverse any proceedings or judgements against Government employees in the same case. This will be the second judge-made law re: res judicata, which doesn't operate until the last judgement is absolutely final in a case. This will also be beyond the intent of Congress. The FTCA can no longer "be read as an ordinary person would read it." (Clarence Thomas, FDIC v Meyer)
summary judgment is a simple motion after discovery? what if the plaintiff has exemplified copies of the defendant's evidence before an action is filed? can the plaintiff go right to the summary judgment? thanks I feel like I'm learning allot here
Parties usually file summary judgment motions after discovery is complete. However, a party can file a motion for summary judgment earlier if it wishes (but check the rules in your jurisdiction). In New York State, a party can actually ask for summary judgment at the very outset of the case by filing for summary judgment in lieu of a complaint. www.nycourts.gov/courts/nyc/civil/cplr3213.shtml uslawessentials.com/major-stages-civil-litigation/
Thank u...... if judges rule on law and not on facts yet the facts the defendant proffers in his summary judgment motion are over whelming....how does a judge decide if the case should be thrown out?
Danny Perl I think an easier way to think of this is that normally we have a trial to decide who should win the case. Typically juries decide who should win at trial (unless it is a bench trial and there is no jury). Summary judgment is appropriate where there is no need for a trial (or at least no need for a trial on a specific issue) because it is clear that only one side should win. The judge takes over the role of the jury and saves everyone time and money by deciding which side should win - - without a trial. In the scenario you described, if the defendant's facts are so strong and the law can only come out one way, then the judge can decide to grant summary judgment. If the jury would have to rule in favor of the defendant, then there is no need for the trial and everyone can go home. Does that make sense?
I don't think there is an exact equivalent. Defendants can move to dismiss their indictments but as far as I know there is no procedure that would allow a defendant to move for summary judgment in a criminal case. Also, it would be unconstitutional to allow the prosecution to move for summary judgment in a criminal case. The judge is not allowed to rule that the law and evidence so clearly favor the prosecution, therefore, the defendant should be found guilty without trial. That would unconstitutionally deny the defendant his right to a trial.
I like your vedios, they are very useful, especially I'm a Paralegal student in my first year...do you think that also you can show us how to read long cases in short time and how to brief them? Please, and thank you.
I don't have videos on this topic now but it is a good idea. If you are interested, I tutor students online. You can reach me at daniel at uslawessentials dot com
What does genuine issues of material fact means? I have spent more than an hour to look things up and understand it but still don't get it. Thanks in advance!
I have two questions and maybe you can direct me to a video if you have one. 1. what the difference between Implied Warranty of Merchantability and Fitness for a Particular Purpose 2. When it comes to establishing jurisdiction, how does "venue" matter?
Hi, no videos on these topics yet but have a look at my blog regarding the implied warranties: www.uslawessentials.com/blog/2015/11/17/what-is-the-difference-between-an-implied-warranty-of-merchantability-and-an-implied-warranty-of-fitness-for-a-particular-purpose I hope to have something on venue soon.
Looked up the definition online and couldn't understand anything until I found this video! Thank you for making it clear and simple!
Thanks Chicken237 (typing Chicken237 for some reason makes me happy). If you are interested, the uslawessentials website has more information, glossary, etc. Please let me know if other topics interest you.
uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Same here! I needed to know what summary judgment was for a grad school project, & I felt so confused after reading definitions online. This video really clarified it.
Same!!!
Could not be clearer. Thank you.
Same here
Thank you for this clear explanation. The scenario you used made it so easy to understand!
Thank you for these videos and these little cartoons. I’ve looked up the definitions of motions everywhere and never understood it. But seeing it play out in the animations really helped me understand the concept 10000000% tttyyyy
Thanks so much AV. Also, if you visit uslawessentials.com, you'll see that key words include tooltip definitions and there are explanations and examples of other topics that might interest you.
Thanks thousand times ..... finally after 3 months of looking for meaning, you could explain it well ....
+Naz D You're welcome. Let me know if you have any questions about other topics.
Great SIMPLE explanations for otherwise difficult topics. Thanks!
Thank you for making this plain and sensible.
Thank you!!!! This was very helpful and concise.
Thank you for this wonderful explanation.
The illustrations are clear.
I have suscribed to your youtube channel instantly.
Thanks Alain-Roche! You can visit the website here: uslawessentials.com
❤️ Thank you so much for caring enough to help ❤️
Thank you for the simple explanation ❤
What if someone files Summary Judgement against me, but the facts show that a jury would not be able to rule in the moving party's favor? Would I tell the judge that they should not be granted Summary Judgement because given all the facts a reasonable Jury could certainly rule in my favor(Me being the adverse party)? Thank you
How soon after the discovery response deadline can you file a motion for summary judgment?
How long does summary judgement take? I'm thinking the xrp/sec case
A year from the time you made this comment lol.
@@ab00781 lol yeah, lets hope they don't appeal
is it the same with striking out?
Yes... it makes alot of sense... i greatly appreciate your quick and clear response... and your video is great!...very succinct....and if thats u speaking a great voiceover to go with it...
What's the difference between this and Judgement as a Matter of Law? Is it before a trial whereas, JMOL is during trial?
Yes, please take a look here: uslawessentials.com/difference-judgment-matter-law-summary-judgment/
What happens when the summary judgment fails? Do I now have to proceed with a trial?
Is it always sought out by the defendant or whoever is granted to ? Either plaintiff or defendant ?
Either a plaintiff or a defendant may ask for summary judgment.
I have to present a summary judgement with memorandum supporting my contentions to the United States Courthouse in a Social Security benefits case. I am appearing pro se. And I'm not certain what to do.
Can I reply to an Opposition to my Motion to entry a Summary Judgment? If so, what it's the deadline? And what rule are we using?
who is the "moving party" and who is the "nonmoving party"
uslawessentials.com/2015424what-does-nonmovant-mean/amp/
The moving party is the party making the motion- the party asking the judge to make a particular ruling.
In the following scenario, where more than one defendant is involved in the civil lawsuit, one of those defendants files a motion for summary judgment and he wins. Will the case be dismissed completely or it will proceed with the remaining defendants?
Hi HK. I can't give advice on an actual legal case. But in the circumstances you are describing the case would proceed against the remaining defendants.
Wonderful explanation!
Great explanation. Thank you!
Is this something that only occurs in civil litigation? Is a summary judgement the civil sister of a directed verdict in a criminal case?
Hi MD. A motion for a directed verdict / motion for judgment of acquittal in a criminal case is similar to an in-trial motion for judgment as a matter of law in a civil case but it is different because only the defendant can move. The government can't move for a directed verdict in a criminal case. Both plaintiffs and defendants can move for judgment as a matter of law in a civil case. Similarly, a motion for summary judgment in a civil case is available to both plaintiffs and defendants. In a criminal case, only the defendant would be moving to dismiss the indictment.
USLawEssentials thanks for the feedback. This is still confusing. Possibly because there is no context. I recently read a case where the plaintiff in a criminal case moved the court to enter a dv and the court granted it. Is that because the defendants were unable to prove a prima facie case for jury consideration? I’m also confused about the timing. At what point in the process would someone ask the court to enter a dv? In the case I read, the P asked for a dv after both P and D submitted briefs to the court.
MD, are you sure this was a criminal case? I can comment on the case if you have a link to it online or a case citation. Are you reading the case for a class? I can't give legal advice so if this is a litigation in which you have an interest please consult an attorney in your state.
In summary judgments court orders are written by the favoring lawyer so that judge can get rid of the case without reading a word of any filing, and this way the judgment won't reflect judge's lack of understanding of the case. Large law firms contribute to judges' re-election campaigns, and judges rule in their favor to return the favor.
Also Federal Government lawyers can write the summary judgements for the Federal judge to rule in favour of the Government and its employees. If it's not appealed it becomes a final judgement. James King of Brownback v King is going to find out the hard way that he can't hold the officers who recklessly and wantonly brutalised him and maliciously prosecuted him accountable because his idiot lawyer decided not to appeal his FTCA claim because in the lawyer's words, "it was too complicated". I read the underlying court decisions and complaints, and read and viewed some of the evidence and found appealing it was just too easy! Instead the attorney's boneheaded decision has and will result in the FTCA's S2676 judgement bar operating beyond the scope Congress intended* and beyond the scope of res judicata**
* Brownback v King: no action under S1346(b) is required to trigger the judgement bar. This is the first judge-made law re: the FTCA, beyond the intent of Congress.
** Brownback v King II (future): any judgement that triggers the same judgement bar also serves to preclude or reverse any proceedings or judgements against Government employees in the same case. This will be the second judge-made law re: res judicata, which doesn't operate until the last judgement is absolutely final in a case. This will also be beyond the intent of Congress.
The FTCA can no longer "be read as an ordinary person would read it." (Clarence Thomas, FDIC v Meyer)
@@edwardmiessner6502 I told this to lawyers and court staff in other countries and they looked at me as if I was pulling their leg.
You're awesome. I'm currently studying for SCLA
Thanks! *You're* awesome! uslawessentials.com
Can a motion for a summary judgement be filed by a defendant as a first response to a complaint?
Danny Perl Yup! It's unusual, but federal courts allows that.
USLawEssentials allow
summary judgment is a simple motion after discovery? what if the plaintiff has exemplified copies of the defendant's evidence before an action is filed? can the plaintiff go right to the summary judgment? thanks I feel like I'm learning allot here
Parties usually file summary judgment motions after discovery is complete. However, a party can file a motion for summary judgment earlier if it wishes (but check the rules in your jurisdiction). In New York State, a party can actually ask for summary judgment at the very outset of the case by filing for summary judgment in lieu of a complaint.
www.nycourts.gov/courts/nyc/civil/cplr3213.shtml
uslawessentials.com/major-stages-civil-litigation/
USLawEssentials i will check my jurisdiction rules to see how soon a motion for summary judgement can be filed. thanks for the education
Thank u...... if judges rule on law and not on facts yet the facts the defendant proffers in his summary judgment motion are over whelming....how does a judge decide if the case should be thrown out?
Danny Perl I think an easier way to think of this is that normally we have a trial to decide who should win the case. Typically juries decide who should win at trial (unless it is a bench trial and there is no jury).
Summary judgment is appropriate where there is no need for a trial (or at least no need for a trial on a specific issue) because it is clear that only one side should win. The judge takes over the role of the jury and saves everyone time and money by deciding which side should win - - without a trial.
In the scenario you described, if the defendant's facts are so strong and the law can only come out one way, then the judge can decide to grant summary judgment. If the jury would have to rule in favor of the defendant, then there is no need for the trial and everyone can go home. Does that make sense?
Thanks You!!! Help me a lot to understand this. :)
+amanda lim Thanks Amanda. Let me know if you have other questions.
Can you please explain about criminal law summary judgement.?
I don't think there is an exact equivalent. Defendants can move to dismiss their indictments but as far as I know there is no procedure that would allow a defendant to move for summary judgment in a criminal case. Also, it would be unconstitutional to allow the prosecution to move for summary judgment in a criminal case. The judge is not allowed to rule that the law and evidence so clearly favor the prosecution, therefore, the defendant should be found guilty without trial. That would unconstitutionally deny the defendant his right to a trial.
Thank you so much .
What is the difference between JMOL and summary judgment?
Hi Felo, please check my blog: uslawessentials.com/difference-judgment-matter-law-summary-judgment/
Also:ua-cam.com/video/TfTjGzYh5KY/v-deo.html
I like your vedios, they are very useful, especially I'm a Paralegal student in my first year...do you think that also you can show us how to read long cases in short time and how to brief them? Please, and thank you.
I don't have videos on this topic now but it is a good idea. If you are interested, I tutor students online. You can reach me at daniel at uslawessentials dot com
Amazing video
granted Only if - there is NO genuine issue as to jury to material fact & the movant is entitled to JMOL.
What does genuine issues of material fact means? I have spent more than an hour to look things up and understand it but still don't get it. Thanks in advance!
Great lil store as one in Gonzales, LA!!!
....Ahhhh so both sides can file a summary judgement.. .good to know.
i would like to use your video for a project. please provide me with your email so that i can send you details.
Feel free to message me on YT, thanks.
Character In the video It's great, I like it a lot $$
Good
Thanks
thanks you!!
+longviewmiddle Sure!
I have two questions and maybe you can direct me to a video if you have one.
1.
what the difference between Implied Warranty of Merchantability and Fitness for a Particular Purpose
2. When it comes to establishing jurisdiction, how does "venue" matter?
Hi, no videos on these topics yet but have a look at my blog regarding the implied warranties: www.uslawessentials.com/blog/2015/11/17/what-is-the-difference-between-an-implied-warranty-of-merchantability-and-an-implied-warranty-of-fitness-for-a-particular-purpose I hope to have something on venue soon.
Why does this guy sound like YandereDev?