Summary Judgment

Term: Summary JudgmentDefinition: A legal decision made by a court without a full trial, where the judge determines that there are no genuine issues of material fact and that one party is entitled to judgment as a matter of law.Phonetic Pronunciation: (suh-MAIR-ee JUDGE-muhnt)Origin: The term "summary" derives from the Latin word "summarium," meaning "abstract" or "summary," reflecting the abbreviated nature of the judicial process. "Judgment" comes from the Latin "judicium," which pertains to a decision or legal determination. Together, they encapsulate a legal process designed to expedite resolution without a full trial.Significance in Asbestos Context: In asbestos litigation, summary judgment can significantly impact the outcome of a case. Defendants often seek summary judgment to dismiss claims without trial, arguing that there is insufficient evidence linking their product to the plaintiff's illness. Conversely, plaintiffs must demonstrate genuine issues of material fact to proceed to trial.Example Sentence: The defendant in the asbestos lawsuit filed a motion for summary judgment, arguing that the plaintiff failed to provide sufficient evidence connecting their mesothelioma to the company's asbestos-containing products.Related Terms: Motion to Dismiss, Burden of Proof, Discovery, Trial, EvidenceNotes: - Summary judgment does not imply a ruling on the merits of the case but rather on the presence or absence of triable issues. - It is not uncommon for summary judgment motions to be denied in asbestos cases due to the complexity of proving causation. - Appeals can be filed against summary judgment decisions.