ANSWERS: 2
  • According to Black's Law Dictionary, summary judgment is the procedural device available for prompt and expeditious disposition of controversy without trial when there is no dispute as to either material fact or inferences to be drawn from undisputed facts or if only a question of law is involved. Federal Rule of Civil Procedure 56 permits any party to a civil action to move for a summary judgment on a claim, counterclaim or cross-claim when he believes that there is no genuine issue of material fact and that he is entitled to prevail as a matter of law. The motion may be directed toward all or part of a claim or defense and it may be made on the basis of pleadings of other portions of the record in a case or it may be supported by affidavits and a variety of outside material.
  • It is a motion for a verdict when no issue of relevant fact exists. In such a case there is no use for a trial because trials are for determining disputed facts.

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