Hartcourt Companies (fka HRCT)

[Investorman]

summary judgment

A final decision by a judge that resolves a lawsuit in favor of one of the parties. A motion for summary judgment is made after discovery is completed but before the case goes to trial. The party making the motion marshals all the evidence in its favor, compares it to the other side's evidence, and argues that a reasonable jury looking at the same evidence could only decide the case one way--for the moving party. If the judge agrees, then a trial would be unnecessary and the judge enters judgment for the moving party. See Topic: Lawsuits & Mediation

appeal

A written request to a higher court to modify or reverse the judgment of a trial court or intermediate level appellate court. Normally, an appellate court accepts as true all the facts that the trial judge or jury found to be true, and decides only whether the judge made mistakes in understanding and applying the law. If the appellate court decides that a mistake was made that changed the outcome, it will direct the lower court to conduct a new trial, but often the mistakes are deemed "harmless" and the judgment is left alone. Some mistakes are corrected by the appellate court -- such as a miscalculation of money damages -- without sending the case back to the trial court. An appeal begins when the loser at trial -- or in an intermediate level appellate court -- files a notice of appeal, which must be done within strict time limits (often 30 days from the date of judgment). The loser (called the appellant) and the winner (called the appellee) submit written arguments (called briefs) and often make oral arguments explaining why the lower court's decision should be upheld or overturned. See Topic: Lawsuits & Mediation