summary procedure - перевод на голландский
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summary procedure - перевод на голландский

COURT JUDGMENT WITHOUT A FULL TRIAL
Summary judgement; Motion for summary judgment; Moving party; Non-moving party; Partial summary judgment; Summary deportation; Summary adjudication of issues; De plano; Summary judement; Motion for a summary judgment; Summary Judgment; Summary dismissal; Motion for summary judgement; Summary disposition; Summary procedure; Summary judgment (Canada)
  • title=Civil rights cases concluded in U.S. district courts, by disposition, 1990–2006}}</ref>

summary procedure         
korte procesgang (versnelde burgerlijke rechtspleging zonder de aangeklaagde te horen of alleen maar als hij toestemming kreeg zich te weren)
standing operating procedure         
SET OF STEP-BY-STEP INSTRUCTIONS COMPILED BY AN ORGANIZATION TO HELP WORKERS CARRY OUT ROUTINE OPERATIONS
Standard Operating Procedures; Standard procedures; Standard Operating Procedure; General operating procedure; General operating procedures; General Operating Procedures; General Operating Procedure; Standard operating procedures; Standing operating procedure; S.O.P.; Standard procedure
vaste gewoonte van activiteiten en voorbereidingen voor het uitvoeren van een missie
tacit consent         
WAY OF FORMALLY ADOPTING TEXTS, OFTEN, BUT NOT EXCLUSIVELY IN INTERNATIONAL POLITICAL CONTEXT
Silent procedure; Qui tacet consentit; Silence implies consent; Silence means consent; Tacit acceptance procedure; Tacit consent
stilzwijgende toestemming

Определение

summary judgment
n. 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. A summary judgment is based upon a motion by one of the parties that contends that all necessary factual issues are settled or so one-sided they need not be tried. The motion is supported by declarations under oath, excerpts from depositions which are under oath, admissions of fact and other discovery, as well as a legal argument (points and authorities), that argue that there are no triable issues of fact and that the settled facts require a summary judgment for the moving party. The opposing party will respond by counter-declarations and legal arguments attempting to show that there are "triable issues of fact." If it is unclear whether there is a triable issue of fact in any cause of action, then summary judgment must be denied as to that cause of action. 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. The pleading procedures are extremely technical and complicated and are particularly dangerous to the party against whom the motion is made. See also: cause of action summary adjudication of issues

Википедия

Summary judgment

In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."

In common-law systems, questions about what the law actually is in a particular case are decided by judges; in rare cases jury nullification of the law may act to contravene or complement the instructions or orders of the judge, or other officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional common law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened", and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury.

In the absence of an award of summary judgment (or some type of pretrial dismissal), a lawsuit ordinarily proceeds to trial, which is an opportunity for litigants to present evidence in an attempt to persuade the factfinder that they are saying "what really happened", and that, under the applicable law, they should prevail.

The necessary steps before a case can get to trial include disclosing documents to the opponent by discovery, showing the other side the evidence, often in the form of witness statements. This process is lengthy, and can be difficult and costly.

A party moving (applying) for summary judgment is attempting to avoid the time and expense of a trial when, in the moving party's view, the outcome is obvious. Typically this is stated as, when all the evidence likely to be put forward is such that no reasonable factfinder could disagree with the moving party, summary judgment is appropriate. Sometimes this will occur when there is no real dispute as to what happened, but it also frequently occurs when there is a nominal dispute but the non-moving party cannot produce enough evidence to support its position. A party may also move for summary judgment in order to eliminate the risk of losing at trial, and possibly avoid having to go through discovery (i.e., by moving at the outset of discovery), by demonstrating to the judge, via sworn statements and documentary evidence, that there are no material factual issues remaining to be tried. If there is nothing for the factfinder to decide, then the moving party asks rhetorically, why have a trial? The moving party will also attempt to persuade the court that the undisputed material facts require judgment to be entered in its favor. In many jurisdictions, a party moving for summary judgment takes the risk that, although the judge may agree there are no material issues of fact remaining for trial, the judge may also find that it is the non-moving party that is entitled to judgment as a matter of law.