呆子的專利部落格

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.

http://dictionary.law.com/default2.asp?selected=2063&bold=||||

簡易判決 (Summary Judgment) 基本上是由原告或被告兩造之一提出，法院認定訴訟案中沒有事實爭議 (factual issue) 而只有法律爭議 (legal issue) 的時候，法院可以逕行裁定，而不需要經由陪審團。 p.s. 此為簡化的講法