Meaning of genuine issue of material fact | Babel Free

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