The spelling of the term "summary judgment" can be confusing due to its similarity to the word "judgement." However, the correct spelling is with the letter "m" instead of "e." The phonetic transcription for this word is /ˈsʌməri ˈdʒʌdʒmənt/. The first syllable "sum" is pronounced with a short "u" sound, while the second syllable "mary" is pronounced with a long "a" sound. The emphasis is placed on the second syllable of "judgment" with a soft "g" sound.
Summary judgment is a legal term that refers to a final ruling made by a judge in a civil litigation case without the need for a full trial. It is a decision made by the court based on the evidence and facts presented by the parties involved. The purpose of summary judgment is to save time and resources by allowing the court to determine the outcome of a case when there are no genuine issues of material fact in dispute.
To be eligible for summary judgment, the moving party must show that there are no genuine issues of material fact and that they are entitled to judgment as a matter of law. This means that the party must demonstrate that there is enough evidence to establish their claim or defense without any further investigation or argument. The opposing party can oppose the motion by presenting evidence, documents, or affidavits that raise genuine issues of material fact that require a trial to resolve.
Summary judgment is granted when the court finds that there is no need for a trial because the facts and law are clear and undisputed. It can result in the immediate disposal of a case, saving both parties time, effort, and costs associated with a full trial. However, summary judgment is not appropriate in cases where there are genuine issues of material fact, as those issues must be resolved through a trial.
The term "summary judgment" comes from the combination of the words "summary" and "judgment".
- "Summary" originated from the Latin word "summarium", which means "of, or pertaining to the sum". It was later adapted into Old French as "summaire", which meant "abridged" or "in summary". The English term "summary" has been in use since the late 15th century, referring to something that is concise, abridged, or containing the main points.
- "Judgment" comes from the Latin word "iūdicātio", meaning "the action of judging" or "the faculty of judging". It can be traced back to the verb "iūdicāre", which means "to judge" or "to decide". "Judgment" entered English in the 13th century, originally spelled as "jugement".