genuine issue of material fact

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.

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.

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  • genuine issue — Genuine issues which will preclude entry of summary judgment are issues which can be sustained by substantial evidence. Riss & Co. v. Association of Am. Railroads, D.C.D.C., 190 F.Supp. 10, 17. As used in rule that burden of proving absence of… …   Black's law dictionary

  • issue — 1. verb To send forth; to emit; to promulgate; as, an officer issues orders, process issues from a court. To put into circulation; as, the treasury issues notes. To send out, to send out officially; to deliver, for use, or authoritatively; to go… …   Black's law dictionary

  • issue — is·sue 1 / i ˌshü, ˌsyü/ n 1 pl: proceeds from a source of revenue (as an estate) rents, issue s, and profits 2: one or more lineal descendants died without issue compare …   Law dictionary

  • material — Important; more or less necessary; having influence or effect; going to the merits; having to do with matter, as distinguished from form. Representation relating to matter which is so substantial and important as to influence party to whom made… …   Black's law dictionary

  • Federal Rules of Civil Procedure — The Federal Rules of Civil Procedure (FRCP) are rules governing civil procedure in United States district (federal) courts, that is, court procedures for civil suits. The FRCP are promulgated by the United States Supreme Court pursuant to the… …   Wikipedia

  • TSC Industries, Inc. v. Northway, Inc. — SCOTUSCase Litigants=TSC Industries, Inc. v. Northway, Inc. ArgueDate=March 3 ArgueYear=1976 DecideDate=June 14 DecideYear=1976 FullName=TSC Industries, Incorporated, et al. v. Northway, Incorporated USVol=426 USPage=438 Citation=96 S. Ct. 2126;… …   Wikipedia

  • Motion (legal) — For other uses, see Motion (disambiguation). In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge (or judges) to make a decision about the… …   Wikipedia

  • summary judgment — 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 question of law is involved. American… …   Black's law dictionary

  • Summary judgment — For the simplification and shortening of a longer text, see Summary. Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal… …   Wikipedia

  • summary judgment — see judgment 1a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. summary judgment …   Law dictionary

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