英文裏說:Proof me wrong,很多人馬上用白話說人錯,卻沒proof,因而看不到有水平的東西,真不過癮。
蠻論天下 發表評論於
I don’t know why I had to take an extra mile to shed light on this. Here's the definition:
In American legal practice summary judgment can be awarded by the court prior to trial, effectively holding that no trial will be necessary. Issuance of summary judgment can be based only upon the court's finding that:
1.there are no issues of "material" fact requiring a trial for their resolution, and
2.in applying the law to the undisputed facts, one party is clearly entitled to judgment.
Does this mean that no reasonable juror would return a verdict that’s in favor of the plaintiff??? Can any of you please tell me which part of what I said wasn’t accurate? Or this is totally something new for you?
蠻論天下 發表評論於
You must be a lawyer, and probably a Democrat too. But if you are, I really feel bad for your since you will have to re-take your bar exam---your amateur comments only betrayed your ignorance. VERY FEW lawyers had the luxury of going through most of the procedures in a lawsuit. MUCH FEWER had the chance to say anything in a jury trial.
For the past six, seven years, I went through several patent lawsuits, talked to lawyers on a daily basis about on-going strategies in these cases. My company owns over 70 patents and patent applications. If you think you are smarter than some of the top-notched guys I hired, I will be more than happy to talk to you.
I also FIRMLY STAND BY what I said about Summary Judgment Motion. In one of the cases, we were sued by a big bully in our industry where their case was solely based upon the so-called “Doctrine of Equivalence”, and their only purpose was to stifle competition. That’s how we filed our Summary Judgment Motion. Why don’t you check out the exact meaning of that legal jargon which should be right off your bookshelf?
flyingdust11 發表評論於
您的觀點太好笑了,拜托先對summary judgment做一些preliminary research再發表您的高論。每一種法律製度都有其存在的合理性,僅僅是因為您不願意付律師費不代表這種system不能體現其對民眾的公正性。一個自以為聰明不懂法律還藐視法律的中國人。Attacking a profession won't make you a noble human being.
987654321tc 發表評論於
Totally B.S. Not knowing the basic of US legal system, you even dare to write a article about it. You would be much better off of shutting up and sticking with whatever you actual know a little.
HCC 發表評論於
I don't know what state you are in, but your understanding of summary judgment doesn't look right. Your understanding of what lawyers do is equally unconvincing.