genuine issue of material fact

plural genuine issues of material fact

1. lawA dispute over a material fact upon which the outcome of a legal case may rely, and which therefore must be decided by a judge or jury; a dispute which precludes summary judgment.

   The main question in this appeal is whether Harrold raised any genuine issues of material fact requiring a trial.

   2006, Harrold v. Artwohl, 132 P.3d 276, 277 (Alaska 2006)

   5 more examples

   We think there is nothing in these three asserted facts which has a direct bearing upon, or casts doubt as to, the particular and detailed circumstances presented by the Ambassador. They are inadequate to show a genuine issue of material fact as to the existence of the original documents.

   1940 Banco De Espana v. Federal Reserve Bank, 114 F.2d 438, 447 (2d Cir. 1940)

   The mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact.

   1986, Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-248 (1986)

   The principles of law applicable to a motion for summary judgment are well settled. To grant such a motion, the trial court must determine that the evidence does not create a genuine issue of material fact and that the movant is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the nonmovant to present "substantial evidence" creating a genuine issue of material fact.

   1989, Scrushy v. Tucker, 955 So. 2d 988, 1006 (Ala. 2006) quoting Bass v. SouthTrust Bank of Baldwin County, 538 So. 2d 794, 797-98 (Ala. 1989)

   Once the moving party has demonstrated the absence of a genuine issue of material fact, the party opposing the motion must then "set forth specific facts showing that there is a genuine issue for trial."

   1999, Adam L. Brookman, Trademark Law: Protection, Enforcement and Licensing, s. 9.04H

   Summary judgment is granted if a judge finds that there is no "genuine issue of material fact" for decision by a jury.

   2004, Alan L. Durham, Patent Law Essentials: A Concise Guide, page 180