What is a summary judgment?

What is a summary judgment?

• A. A judgment after a full trial with evidence.
• B. A judgment without a trial where there is no real prospect of success for the other side.
• C. A preliminary ruling on a point of law only.
• D. A consent order between parties.

Answer: (B)

A summary judgment is a decision given by the court without a full trial when there is no real prospect that the other side can succeed on the facts. The court looks at the pleadings and the supporting evidence and decides that even if every fact alleged by the opposing side is true, there is no triable issue to go to trial. Because no genuine dispute about material facts exists, the case (or part of it) can be resolved now, saving time and expense. It’s not a judgment after a trial, which would require the full presentation of evidence. It’s not merely a preliminary ruling on a point of law alone, which would address legal questions rather than the fullness of the facts. And it’s not a consent order, which is an agreement reached by the parties and turned into an order. If there are genuine issues of fact, the court will deny the summary judgment and the matter proceeds to trial.

A summary judgment is a decision given by the court without a full trial when there is no real prospect that the other side can succeed on the facts. The court looks at the pleadings and the supporting evidence and decides that even if every fact alleged by the opposing side is true, there is no triable issue to go to trial. Because no genuine dispute about material facts exists, the case (or part of it) can be resolved now, saving time and expense.

It’s not a judgment after a trial, which would require the full presentation of evidence. It’s not merely a preliminary ruling on a point of law alone, which would address legal questions rather than the fullness of the facts. And it’s not a consent order, which is an agreement reached by the parties and turned into an order. If there are genuine issues of fact, the court will deny the summary judgment and the matter proceeds to trial.