Motions are formal requests for the court to take some sort of action. A motion for summary judgment is appropriate in situations where there are no important facts in dispute and the only dispute is how the law should be applied to the facts. If there is no dispute over the important facts of the case, there is nothing for the fact finder (e.g., a jury) to determine at a trial where the facts would be presented. The judge will therefore apply the law to the facts and render a judgment. That will be the end of the case unless there is an appeal. Generally, a motion for summary judgment is not made unless all discovery has been completed.
This form is a generic motion for summary judgment. The motion adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
A New Jersey Motion for Summary Judgment by the Plaintiff for Breach of Contract is a legal action taken by the party who initiated the lawsuit, seeking a ruling in their favor without going to trial. It is a strategic move used to expedite the resolution of a breach of contract case in the state of New Jersey. In such a motion, the plaintiff argues that there are no genuine disputes of material fact and that based on the evidence presented, the court should find in their favor. Here are some relevant keywords related to the New Jersey Motion for Summary Judgment by the Plaintiff for Breach of Contract: 1. Breach of Contract: A violation of the terms or conditions agreed upon in a legally binding agreement between two or more parties. 2. Summary Judgment: A legal decision made by a court without a full trial when there are no genuine disputable issues of material fact in a case. 3. New Jersey: Refers to the state of New Jersey, which has its specific legal system and procedures for handling civil cases. 4. Motion: A formal request made to a court for a specific ruling or action. 5. Plaintiff: The party that initiates the lawsuit and brings legal action against the defendant. 6. Defendant: The party against whom the lawsuit is filed by the plaintiff. 7. Judgement: The final ruling given by a court as a result of a legal case. 8. Material Fact: A fact that is essential in determining the outcome of a lawsuit. 9. Dispute: A disagreement or conflict between parties in a lawsuit. 10. Trial: A formal examination of evidence in court to determine the truth of facts and apply the law to reach a verdict. Although the main type of Motion for Summary Judgment is generally referred to simply as "Motion for Summary Judgment by Plaintiff for Breach of Contract," variations may exist based on specific circumstances. For example: 1. "Partial Summary Judgment": A motion seeking a ruling on only certain issues or claims within a breach of contract case, rather than the entire case. 2. "Summary Judgment as to Liability": A motion that requests a judgement solely on the issue of whether the defendant is liable for breaching the contract, leaving the determination of damages for a later stage. 3. "Summary Judgment on Damages": A motion that focuses solely on the calculation of damages and not on liability, often filed when the court has already found the defendant liable for breach of contract. It is important to consult legal professionals or conduct thorough research to ensure accurate and up-to-date information on the specific types of motions available in New Jersey for summary judgement in breach of contract cases.
