Summary Judgment Motion - Lawyers. A motion for summary judgment, if granted, can bring a quick end to a civil case, including a personal injury lawsuit. In the sections that follow, we’ll explain how these motions work and how they can affect your case. What Is a Motion for Summary Judgment? A motion for summary judgment (sometimes called an “MSJ”) is a request for the court to rule that the other party has no case, because there are no facts at issue. The party making the motion is claiming that either the case should not go before a jury at all, or a jury could only rule in favor of the moving party. Summary Judgment. A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial. It is used when there is no. Difference Between Summary Trial And Summary Judgement ProcessDifference Between Summary Trial And Summary Judgement CaliforniaHannah Arendt is a twentieth century political philosopher whose writings do not easily come together into a systematic philosophy that expounds and expands upon a. ORAL Strategy was a 1 year, double-blind, phase 3b/4, head-to-head, non-inferiority, randomised controlled trial in patients aged 18 years or older with active. In order to win an MSJ, the moving party must show that: there are no facts which can reasonably be disputed; oranyone looking at the facts and applying law would rule in favor of the moving party. Although either plaintiff or defendant is allowed to make this kind of motion, in a personal injury case MSJs are most often brought by defendants. An MSJ might also be based on lack of evidence, so that even if the defendant had a duty to the plaintiff, there is no proof that the duty was breached or that the breach caused the injury. If an MSJ is granted, the case is closed with regard to the moving party. How to Appeal a Summary Judgment. Summary judgment is the process by which litigants can end cases before going to trial. If you can show that the important facts in. If you’re the plaintiff in a case where the defendant has filed an MSJ, to successfully oppose the motion, you will need to present the judge with evidence that a jury could use to find in your favor. Responding to a Motion for Summary Judgment. If you’re the plaintiff in a case where the defendant has filed an MSJ, to successfully oppose the motion, you will need to present the judge with evidence that a jury could use to find in your favor. This evidence could take the form of statements made in a deposition, police reports, medical records, witness affidavits, or other materials that you would use at trial. If a defendant has brought the motion while there is still a significant amount of time before the trial date, you can also argue that there is still evidence yet to be gathered, so ruling on an MSJ would be premature. For example, if an important witness has not yet been deposed, you can argue that the deposition will provide facts to support your case. Failure to respond to an MSJ - - or responding insufficiently - - will likely result in the case being resolved in the moving party’s favor. The MSJ . In an MSJ, the “burden of proof” switches from the plaintiff to the defendant (assuming the defendant is the moving party). So, the defendant needs to show that the plaintiff cannot obtain any evidence supporting the claims. If there are uninterviewed witnesses or unproduced documents, the defendant has not proved the plaintiff can't make a case. For this reason, most MSJs are brought at late stages in the case. Notice, Motion, and Opposition Filings. Like other motions, an MSJ must be assigned a hearing date, and notice must be properly given. The time frame is generally longer than it is for other motions, due to the complexity of the issues. In addition to the notice, the party bringing the motion must file and serve a Memorandum of Points and Authorities, which is the legal basis for the motion, and present the evidence for its position. Failure to comply with the statutory requirements for notice is grounds for the judge to deny the motion without considering the contents. In some state courts, the moving party must file and serve a Separate Statement of Undisputed Material Facts, which consists of a list of all the facts it is relying on, and the evidence supporting those facts. In these jurisdictions, the opposing party should respond to each of the moving party’s facts with evidence showing that the facts actually are in dispute and should be decided by a jury. The opposition should also include a Separate Statement of Disputed Material Facts. Hearing and Judge’s Decision. Once the parties have filed their MSJ documents, the judge will consider the motion at the hearing date set out in the notice. After listening to arguments from both sides, the judge will issue a ruling either granting the motion for summary judgment - - which ends the case against the moving party - - or denying it, which allows the case to go forward, and on to trial if no settlement is reached. Los Angeles Civil Litigation Attorney » Lieber & Galperin. Next, the plaintiff is permitted to introduce evidence such as exhibits and witness testimony. The defendant is permitted to cross- examine all of the plaintiff’s witnesses. After the plaintiff rests, the defendant is also permitted to introduce evidence such as exhibits and witness testimony. The plaintiff is permitted to cross- examine all of the defendant’s witnesses. After the defendant rests, the plaintiff may be permitted to introduce additional evidence to rebut the defendant’s evidence. Each side may have multiple opportunities to introduce additional evidence if the evidence rebuts the evidence the other party most recently introduced. Once the evidence has been introduced, each side receives an opportunity to present its closing arguments. The plaintiff presents its closing argument first, followed by the defendant, and followed an additional time by the plaintiff, (the plaintiff goes first and last because the plaintiff is the party with the burden of proving its allegations). After closing arguments, the judge reads the jury a set of instructions. Those instructions provide the law the jury must follow and then directs the jury on the manner in which it is required to apply the law to the facts and ultimately reach a verdict. Obviously, in a non- jury trial, those instructions, while still important, are simply agreed to by the attorneys and the judge and the judge then follows those guidelines when making his or her determination of what factually occurred in the case. In Los Angeles, and throughout California, jury trials are not provided for free for litigants and a jury trial is only permitted if requested prior to the first Case Management Conference. While a judge may use his or her discretion to permit one side to request a jury trial after that Case Management Conference, the right to that jury is not automatic at that point. Further, the side requesting a jury must, at the time of the request, pay $1. Los Angeles as a jury fee. If this fee is not paid, the request is not considered valid. Prior to this rule, a party, as little as 2. Not all cases follow these same jury trial rules. Criminal jury trials are presumed, cost nothing, and no request is required (in fact, a waiver of a jury must be taken to have a court trial). Family law, restraining orders, and probate matters all are not cases that are eligible for jury trials, unlike regular civil litigation matters. Unlawful detainer matters can be heard before a jury in California. A civil jury trial (or any other type of jury trial) should never be confused with a grand jury in California, which only has the authority to indict criminal defendants, not convict or render any final judgments. Most courts, like the Los Angeles Superior Court, make fee schedules (for filing and for other fees) available to the public online. In other cases, fee waivers are available via the local form. Appeals. The losing side in a trial may appeal. However, appeals only consider whether the judge made the correct legal decisions. Appeals do not consider whether the judge made any incorrect decisions about the facts, and appeals do not consider the jury’s decision about the facts. An appellate court can deny an appeal, grant a new appeal reversing a part or all of a case, or can order a new trial. Important Business Litigation Issues. Often, the best way to avoid many business- related disputes is to have a properly executed agreement. However, even a perfect contract that leaves no room for interpretation can be breached. When that occurs, a party will rarely be fully compensated without legal help. While the civil litigation process does not officially begin until a lawsuit is filed, that daunting step can sometimes be avoided if the parties are proactive and work to resolve their dispute. Often, involving attorneys can save money, especially if the attorneys place their Clients’ interests first. When a lawsuit is filed or is imminent, arbitration and mediation can be viable alternatives to the costly process of litigation and trial. Arbitration is more similar to the court process and involves a decision from an arbitrator. This decision can be binding or non- binding (the parties must agree if arbitration is to be binding). Mediation is simply a negotiation with an impartial referee or mediator who is hired by both parties to bring them closer to a resolution/settlement. Many businesses and individuals see the litigation process as intimidating because of the rising costs of hiring qualified attorneys by the hour. Some inexperienced attorneys will accept cases for much less money than experienced business litigation attorneys. However, these new lawyers can end up charging as much or more than an experienced civil litigator because they will be forced to charge their clients to learn new concepts. Despite the high cost of civil litigation, there are a lot of knowledgeable and highly experienced business litigation attorneys who do everything possible to provide excellent representation at a reasonable price. Their goal is not to charge fees but instead is to keep costs down and assist clients. This policy can dramatically benefit their clients. Some civil litigation attorneys also accept fees on a contingency basis, meaning that the attorney only receives a fee if the client obtains money in a settlement. However, these types of fee agreements are generally only offered in personal injury cases, (such as a car accident, etc.). Our firm regularly handles all types of business and civil litigation, including contractual disputes, real estate matters, collection litigation, insurance disputes, shareholder and partner disputes, and civil appeals. Having an experienced and qualified civil litigation attorney advocating for you or your corporation can make a significant difference in the outcome of a case. Having an experienced attorney can also reduce the fees clients pay (less experienced litigators regularly bill clients for time spent researching an issue or procedure that is new to them, where an attorney in practice for many years has often handled similar matters in the past and does not need to spend time familiarizing himself or herself with every new issue).
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In the context of these pages. FREE software may include both. Freeware and. Donationware. Please support the authors. A video game is an electronic game that involves interaction with a user interface to generate visual feedback on a video device such as a TV screen or computer monitor. Latest trending topics being covered on ZDNet including Reviews, Tech Industry, Security, Hardware, Apple, and Windows. Video game - Wikipedia. People playing a large scale version of the iconic Pong video game. A video game is an electronic game that involves interaction with a user interface to generate visual feedback on a video device such as a TV screen or computer monitor. The word video in video game traditionally referred to a raster display device, but as of the 2. Some theorists categorize video games as an art form, but this designation is controversial. The electronic systems used to play video games are known as platforms; examples of these are personal computers and video game consoles. These platforms range from large mainframe computers to small handheld computing devices. Specialized video games such as arcade games, in which the video game components are housed in a large, typically coin- operated chassis, while common in the 1. Play. Station 4, Xbox One and Nintendo Wii U) and video games on desktop and laptop computers and smartphones. The input device used for games, the game controller, varies across platforms. Common controllers include gamepads, joysticks, mouse devices, keyboards, the touchscreens of mobile devices, and buttons, or even, with the Kinect sensor, a person's hands and body. Players typically view the game on a video screen or television or computer monitor, or sometimes on virtual realityhead- mounted display goggles. There are often game sound effects, music and, in the 2. Some games in the 2. In the 2. 01. 0s, the video game industry is of increasing commercial importance, with growth driven particularly by the emerging Asian markets and mobile games, which are played on smartphones. As of 2. 01. 5, video games generated sales of USD 7. U. S. The earliest example is from 1. Goldsmith Jr. Patent 2. Douglas for the EDSAC in 1. Tennis for Two, an electronic interactive game engineered by William Higinbotham in 1. Spacewar!, written by MIT students Martin Graetz, Steve Russell, and Wayne Wiitanen's on a DEC PDP- 1 computer in 1. Pong, a 1. 97. 2 game by Atari. Each game used different means of display: NIMROD used a panel of lights to play the game of Nim,! It used a black- and- white television for its display, and the computer system was made of 7. TTLchips. Computer Space was followed in 1. Magnavox Odyssey, the first home console. Modeled after a late 1. Ralph H. Baer called the . The distinctions below are not always clear and there may be games that bridge one or more platforms. In addition to personal computers, there are other devices which have the ability to play games but are not dedicated video game machines, such as smartphones, PDAs and graphing calculators. PCIn common use a . Personal computers are not dedicated game platforms, so there may be differences running the same game in different hardwares, also the openness allows some features to developers like reduced software cost. Usually consoles only run games developed for it, or games from other platform made by the same company, but never games developed by its direct competitor, even if the same game is available on different platforms. It often comes with a specific game controller. Major console platforms include Xbox and Play. Station. Handheld. The Nintendo Game Boy was the first successful handheld console, selling over 1. A . It features the console, a small screen, speakers and buttons, joystick or other game controllers in a single unit. Like consoles, handhelds are dedicated platforms, and share almost the same characteristics. Handheld hardware usually is less powerful than PC or console hardwares. Some handheld games from the late 1. In the 1. 99. 0s and 2. Arcade. A horror- themed arcade game in which players use a light gun. Arcade games often have brightly painted logos and images relating to the theme of the game. While most arcade games are housed in a vertical cabinet, which the user typically stands in front of to play, some arcade games use a tabletop approach, in which the display screen is housed in a table- style cabinet with a see- through table top. With table- top games, the users typically sit to play. In the 1. 99. 0s and 2. In the 1. 98. 0s, video arcades were businesses in which game players could use a number of arcade video games. In the 2. 01. 0s, there are far fewer video arcades, but some movie theaters and family entertainment centers still have them. Web browser. The web browser has also established itself as platform in its own right in the 2. This in turn has generated new terms to qualify classes of web browser- based games. These games may be identified based on the website that they appear, such as with . Others are named based on the programming platform used to develop them, such as Java and Flash games. Mobile. With the advent of standard operating systems for mobile devices such as i. OS and Android and devices with greater hardware performance, mobile gaming has become a significant platform. While many mobile games share similar concepts with browser games, these games may utilize features of smart devices that are not necessary present on other platforms such as global positing information and camera devices to support augmented reality gameplay. Mobile games also led into the development of microtransactions as a valid revenue model for casual games. Virtual reality. Virtual reality (VR) games generally require players to use a special head- mounted unit that provides stereoscopic screens and motion tracking to immerse a player within virtual environment that responds to their head movements. Some VR systems include control units for the player's hands as to provide a direct way to interact with the virtual world. VR systems generally require a separate computer, console, or other processing device that couples with the head- mounted unit. Genres. A video game, like most other forms of media, may be categorized into genres. Video game genres are used to categorize video games based on their gameplay interaction rather than visual or narrative differences. For example, a shooter game is still a shooter game, regardless of whether it takes place in a fantasy world or in outer space. Ever advancing technology and production values related to video game development have fostered more lifelike and complex games which have in turn introduced or enhanced genre possibilities (e. Sony's Eye. Toy). Some genres represent combinations of others, such as massively multiplayer online role- playing games, or, more commonly, MMORPGs. It is also common to see higher level genre terms that are collective in nature across all other genres such as with action, music/rhythm or horror- themed video games. Additionally, casual games frequently support the ability to jump in and out of play on demand. Casual games as a format existed long before the term was coined and include video games such as Solitaire or Minesweeper which can commonly be found pre- installed with many versions of the Microsoft Windows operating system. Examples of genres within this category are match three, hidden object, time management, puzzle or many of the tower defense style games. Casual games are generally available through app stores and online retailers such as Pop. Cap, Zylom and Game. House or provided for free play through web portals such as Newgrounds. While casual games are most commonly played on personal computers, phones or tablets, they can also be found on many of the on- line console system download services (e. Play. Station Network, Wii. Ware or Xbox Live). Serious games. Serious games are games that are designed primarily to convey information or a learning experience to the player. Some serious games may even fail to qualify as a video game in the traditional sense of the term. Educational software does not typically fall under this category (e. As with the other categories, this description is more of a guideline than a rule. Serious games are games generally made for reasons beyond simple entertainment and as with the core and casual games may include works from any given genre, although some such as exercise games, educational games, or propaganda games may have a higher representation in this group due to their subject matter. These games are typically designed to be played by professionals as part of a specific job or for skill set improvement. They can also be created to convey social- political awareness on a specific subject. One of the longest- running serious games franchises would be Microsoft Flight Simulator first published in 1. The United States military uses virtual reality based simulations, such as VBS1 for training exercises. This form of media allows for a broader audience to be able to receive and gain access to certain information that otherwise may not have reached such people. An example of tactical media in video games would be newsgames. These are short games related to contemporary events designed to illustrate a point. Some of these games include Darfur is Dying, Finding Zoe, and In The Balance. All of these games bring awareness to important issues and events in an intelligent and well thought out manner. President Barack Obama launched a campaign called . This campaign states that it plans to harness the power of interactive games to help achieve the goal of students excelling in these departments. Some of these competitions include the Stem National Video Game Competition and the Imagine Cup. Some other games do not have any particular targeted audience in mind and intended to simply educate or inform whoever views or plays the game. Controllers. A North American Super NES game controller from the early 1. Video game can use several types of input devices to translate human actions to a game, the most common game controllers are keyboard and mouse for . Other game controllers are commonly used for specific games like racing wheels, light guns or dance pads. Digital cameras can also be used as game controllers capturing movements of the body of the player. |
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