genuine issue of material fact

Definitions

A dispute over a material fact upon which the outcome of a legal case may rely, and which therefore must be decided by a judge or jury; a dispute which precludes summary judgment.

Examples

“We think⟳ there is nothing in these three asserted facts which has a direct⟳ bearing upon, or casts doubt⟳ as to, the particular and detailed circumstances presented by the Ambassador. They are inadequate to show⟳ a genuine issue⟳ of material fact as to the existence of the original documents.”

“The mere existence of some alleged factual dispute between the parties will not defeat⟳ an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue⟳ of material fact.”

“The principles of law applicable to a motion for summary judgment are well settled. To grant such a motion, the trial court must determine⟳ that the evidence does not create⟳ a genuine issue⟳ of material fact and that the movant is entitled to a judgment as a matter⟳ of law. Rule⟳ 56(c)(3), Ala. R. Civ. P. When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present⟳ "substantial evidence" creating a genuine issue⟳ of material fact.”

“Once the moving party has demonstrated the absence of a genuine issue⟳ of material fact, the party opposing the motion must then "set⟳ forth specific facts showing that there is a genuine issue⟳ for trial."”

“Summary judgment is granted if a judge⟳ finds that there is no "genuine issue⟳ of material fact" for decision by a jury.”

“The main question⟳ in this appeal is whether Harrold raised any genuine issues of material fact requiring a trial.”

“Beyoncé successfully moved for summary judgment, contending that Armour had not established any genuine issues of material fact.”

CEFR level