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Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Summary

adj. 1. Short; concise <a summary account of the events on March 6>. 2. Without the usual formalities; esp., without a jury <a summary trial>. 3. Immediate; done without delay <the new weapon was put to summary use by the military>. - summarily (sam-ara-lee or sa-mair-a-lee), adu.

court of summary jurisdiction

See magistrate's court under COURT.

motion for summary judgment1

A request that the court enter judgment without a trial because there is no genuine issue of material fact to be decided by a fact-finder - that is, because the evidence is legally insufficient to support a verdict in the nonmovant's favor. ( In federal court and in most state courts, the movant-defendant must point out in its motion the absence of evidence on an essential element of the plaintiff's claim, after which the burden shifts to the nonmovant-plaintiff to produce evidence raising a genuine fact issue. But if a party moves for summary judgment on its own claim or defense, then it must establish each element of the claim or defense as a matter of law. Fed. R. Civ. 56. - Abbr. MSJ. - Also termed summary judgment motion; motion for summary disposition. See SUMMARY JUDGMENT.

partial summary judgment

A summary judgment that is limited to certain issues in a case and that disposes of only a portion of the whole case. - Also termed summary adjudication.

summary adjudication

See partial summary judgment under SUMMARY JUDGMENT. summary conviction See CONVICTION.

summary conviction

A conviction of a person for a violation or minor misdemeanor as the result of a trial before a magistrate sitting without a jury.

summary court-martial

A proceeding presided over by a single commissioned officer who is jurisdictionally limited in what sanctions can be imposed. 0 It is the lowest level of courts-martial.

summary disposition

See SUMMARY JUDGMENT.

summary eviction

An eviction accomplished through a simplified legal procedure, without the formalities of a full trial.

summary judgment

A judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law. 0 This procedural device allows the speedy disposition of a controversy without the need for trial. Fed. R. Civ. P. 56. - Also termed summary disposition; judgment on the pleadings. See JUDGMENT.

summary judgment motion

See MOTION FOR SUMMARY JUDGMENT.

summary judgment.

See SUMMARY JUDGMENT.

summary jurisdiction

1 A court's jurisdiction in a summary proceeding. 2. The court's authority to issue a judgment or order (such as a finding of contempt) without the necessity of a trial or other process. 3. English law. A court's power to make an order immediately, without obtaining authority or referral, as in a magistrate's power to dispose of a criminal case without referring it to the Crown Court for a formal trial or without drawing a jury.

summary jurisdiction.

See JURISDICTION.

summary jury trial

A settlement technique in which the parties argue before mock jurors, which then reaches a nonbinding verdict that will assist the parties in evaluating their positions.

summary offense

An offense (such as a petty misdemeanor) that can be prosecuted without an indictment. Cf. indictable offense.

summary plan description

Under ERISA, an outline of an employee benefit plan, containing such information as the identity of the plan administrator, the requirements for eligibility and participation in the plan, circumstances that may result in disqualification or denial of benefits, and the identity of any insurers responsible for financing or administering the plan. ( A summary plan description must generally be furnished to all employee-benefit-plan participants and beneficiaries. 29 USCA ยง 1022.

summary procedure

See SHOW-CAUSE PROCEEDING.

summary proceeding

A nonjury proceeding that settles a controversy or disposes of a case in a relatively prompt and simple manner. -Also termed summary trial. Cf. plenary action under ACTION. "Summary proceedings were such as were directed by Act of Parliament, there was no jury, and the person accused was acquitted or sentenced only by such person as statute had appointed for his judge. The common law was wholly a stranger to summary proceedings." A.H. Manchester, Modern Legal History of England and Wales, 1750-1950 160 (1980).

summary process

See PROCESS.

summary trial

See summary proceeding under PROCEEDING.