Genuine Issue of Material Fact

Term: Genuine Issue of Material FactDefinition: A dispute over a fact that could affect the outcome of a lawsuit, which must be resolved by a jury or judge.Phonetic Pronunciation: (JEN-yoo-in ISS-yoo of muh-TEER-ee-uhl FAKT)Origin: The term "genuine" derives from the Latin word "genuinus," meaning "native" or "natural." "Issue" comes from the Latin "exire," meaning "to go out" or "to come forth." "Material" originates from the Latin "materialis," meaning "of or belonging to matter." "Fact" is from the Latin "factum," meaning "a thing done or performed."Significance in Asbestos Context: In asbestos litigation, determining whether a genuine issue of material fact exists is crucial, as it can determine whether a case proceeds to trial. This is particularly important in cases involving exposure history, product identification, and medical causation, where factual disputes can significantly impact liability and damages.Example Sentence: The court found that there was a genuine issue of material fact regarding the plaintiff's exposure to asbestos at the defendant's factory, necessitating a trial.Related Terms: Summary Judgment, Burden of Proof, Discovery, Causation, LiabilityNotes: - A genuine issue of material fact does not exist if the evidence is so one-sided that one party must prevail as a matter of law. - It is often used in the context of motions for summary judgment. - The determination of whether a genuine issue of material fact exists is made by the court, not the jury.