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dispositive motion

Serbian translation: захтев за доношење одлуке по кратком поступку

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:dispositive motion
Serbian translation:захтев за доношење одлуке по кратком поступку
Entered by: Bogdan Petrovic

10:48 Apr 8, 2017
English to Serbian translations [PRO]
Law/Patents - Law (general) / Alternative dispute resolution
English term or phrase: dispositive motion
What is the likelihood that this case can be disposed of by a prompt, dispositive motion?

a) Very likely.
___ b) A possibility.
___ c) Very unlikely.

5. Is injunctive relief, a legal precedent from a court or other relief only available from an adjudicative body needed by a party?
___ a) Very likely.
___ b) A possibility.
___ c) Very unlikely.
Bogdan Petrovic
Serbia
Local time: 03:34
захтев за доношење одлуке по кратком поступку
Explanation:
Dispositive motion

In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party. As a lawsuit may comprise numerous claims made by and against numerous parties, not every dispositive motion seeks to dispose of the entire lawsuit. In the U.S., the most common type of dispositive motions seeking to dispose of the entire lawsuit are those for summary judgment. Many U.S. state jurisdictions also provide for a "partial summary judgment" or motion for "summary adjudication of issues" which only seeks to dispose of part of a lawsuit. See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other party may respond with counter-declarations, discovery responses, and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary judgment or adjudication must be denied regarding that matter.[1]

In many cases, a decision on a dispositive motion is a prerequisite for appellate review. See, e.g., Wash. Rules of Appellate Procedure 2.2.

The two principal types of dispositive motion in contemporary American legal practice are the motion to dismiss (sometimes referred to as a demurrer in a minority of U.S. state jurisdictions) and the motion for summary judgment or summary adjudication of issues. A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).

References[edit]
Jump up ^ "Law.com Definition of summary adjudication". Retrieved June 14, 2014.

https://en.wikipedia.org/wiki/Dispositive_motion
Selected response from:

Daryo
United Kingdom
Local time: 02:34
Grading comment
Hvala!
4 KudoZ points were awarded for this answer



Summary of answers provided
5захтев за доношење одлуке по кратком поступку
Daryo
3 -1Одбацујућа одлука (одлука којом се нешто одбија/одбацује)
Slobodan Kozarčić


  

Answers


3 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
Одбацујућа одлука (одлука којом се нешто одбија/одбацује)


Explanation:
In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings.

Slobodan Kozarčić
Serbia
Local time: 03:34
Specializes in field
Native speaker of: Native in SerbianSerbian
PRO pts in category: 52

Peer comments on this answer (and responses from the answerer)
disagree  Daryo: you are assuming a wrong meaning of "to dispose" [and derived terms] // "to dispose" can also mean that, but not in this ST.
29 mins
  -> Ништа ја не „претпостављам” већ цитирам своју пријатељицу адвоката као и горњи текст.
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5
захтев за доношење одлуке по кратком поступку


Explanation:
Dispositive motion

In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party. As a lawsuit may comprise numerous claims made by and against numerous parties, not every dispositive motion seeks to dispose of the entire lawsuit. In the U.S., the most common type of dispositive motions seeking to dispose of the entire lawsuit are those for summary judgment. Many U.S. state jurisdictions also provide for a "partial summary judgment" or motion for "summary adjudication of issues" which only seeks to dispose of part of a lawsuit. See, e.g., California Code of Civil Procedure section 437c(f)(1). Regardless whether the dispositive motion is for summary judgment or adjudication, the motion must be supported by declarations under oath, excerpts from depositions which are also under oath, admissions of fact by the opposing party and other discovery such as interrogatories, as well as a legal argument (points and authorities). The other party may respond with counter-declarations, discovery responses, and legal arguments attempting to show that these issues were "triable issues of fact." If there is any question as to whether there is conflict on the facts on an issue, the summary judgment or adjudication must be denied regarding that matter.[1]

In many cases, a decision on a dispositive motion is a prerequisite for appellate review. See, e.g., Wash. Rules of Appellate Procedure 2.2.

The two principal types of dispositive motion in contemporary American legal practice are the motion to dismiss (sometimes referred to as a demurrer in a minority of U.S. state jurisdictions) and the motion for summary judgment or summary adjudication of issues. A dispositive motion may also be used to request that an indictment be dismissed or quashed, or for judgment on pleadings. At least in some jurisdictions, a corporation's motion to terminate a shareholder's derivative suit is treated as a dispositive motion. See, e.g., Dreiling v. Jain, 151 Wn.2d 900, 93 P.3d 861 (2004).

References[edit]
Jump up ^ "Law.com Definition of summary adjudication". Retrieved June 14, 2014.

https://en.wikipedia.org/wiki/Dispositive_motion

Daryo
United Kingdom
Local time: 02:34
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 160
Grading comment
Hvala!
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