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Summary. Summary judgment is a legal term which means that a
court has made a determination (a
judgment) without a full
trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case.In
Common Law legal systems, issues of law, that is to say, what the law actually is in a particular case are decided by the
judge, except when
jury nullification of the law acts to contravene or complement the instructions or orders of the
judge, or other
officers of the court. A factfinder has to decide what the facts are and apply the law. In traditional Common Law the factfinder was a jury, but in many jurisdictions the judge now acts as the factfinder as well. It is the factfinder who decides "what really happened," and it is the judge who applies the law to the facts as determined by the factfinder, whether directly or by giving instructions to the jury. Absent an award of summary judgment (or some other type of pretrial dismissal), a lawsuit will ordinarily proceed to
trial, which is an opportunity for each party to present evidence in an attempt to persuade the factfinder that such party is saying "what really happened," and that, under the judge's view of applicable law, such party should prevail. For a case to get to trial, the parties have to take various steps (often known as 'directions'), including disclosing the documents to the opponent by
discovery, showing the other side the evidence, often in the form of witness statements and other steps.
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Judgment obtained by a plaintiff where there is no defence
to the case or the defence contains no valid grounds