EDITOR'S NOTES | Issue 1-3
publication date: Dec 14, 2003
Both of this week’s cases involve motions for summary judgment, which is a court order ruling that no factual issues remain to be tried and therefore a cause of action or all causes of action in a complaint can be decided upon certain facts without trial. As in Burke, summary judgment may be granted in part and denied in part. The theory behind the summary judgment process is to eliminate the need to try settled factual issues and to decide without trial one or more causes of action in the complaint.
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