At the outset of case ( Teevee Toons, Inc. v. Gerhard Schubert GMBH, 2002 W.L. 498627 (2002). ), I read genuine issue and summary judgment. I know that summary judgment is judging without full trial and jury. but I can not find relations between genuine issue and summary judgment. Could you please show me some examples about genuine issue and explain it to me?

1 Answer 1


A summary judgement can only be given when there is no genuine issue as to the facts

That is, if the parties agree what the facts are (or any disagreement is either immaterial or not genuine) then there is no genuine issue. If, on those facts, the law is clear, then summary judgement can be given - otherwise the court has to first resolve that issue with a hearing.

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