Granted

Definition

In legal terms, 'granted' refers to the official approval or acceptance of a motion or request made to the court. When a motion is granted, it signifies that the court has decided in favor of the party making the request, allowing them to proceed with their legal strategy or action. This can involve various types of pretrial motions that affect how a case will be handled, including motions to dismiss, motions for summary judgment, and other procedural requests.

5 Must Know Facts For Your Next Test

1. When a motion is granted, it can significantly impact the direction and outcome of a case by allowing certain evidence or arguments to be presented in court.
2. Judges have discretion when deciding whether to grant or deny motions, which means outcomes can vary based on judicial philosophy and case specifics.
3. Some common types of motions that can be granted include motions for summary judgment, which can lead to a case being decided without a full trial.
4. If a motion is granted, the opposing party may have options to appeal or challenge the ruling before proceeding further in the legal process.
5. Pretrial motions serve as an important tool for lawyers to shape the litigation process and can often resolve key issues before a trial begins.

Review Questions

• How does the granting of a pretrial motion influence the subsequent proceedings in a legal case?
  • The granting of a pretrial motion can significantly shape how a case unfolds by allowing certain evidence or arguments to be included in the trial. For example, if a motion for summary judgment is granted, it may lead to a ruling on the case without the need for a full trial. This decision can streamline proceedings and potentially save time and resources for both parties involved.
• Evaluate the implications of a judge's discretion in granting pretrial motions within the legal system.
  • A judge's discretion in granting pretrial motions plays a crucial role in the legal process because it can directly affect the course of justice. Different judges may interpret laws and precedents differently, leading to varying outcomes for similar motions. This variability underscores the importance of judicial philosophy and individual case contexts, as it can create disparities in how cases are handled across different courts.
• Assess the strategic considerations lawyers must keep in mind when filing motions that they hope will be granted by the court.
  • When lawyers file motions with the aim of having them granted, they must carefully consider both legal precedents and the specific circumstances of their case. They need to present compelling arguments supported by relevant evidence while anticipating counterarguments from opposing counsel. Additionally, understanding the judge’s previous rulings on similar motions can provide insights into their likelihood of success. Ultimately, these strategic considerations are essential for effectively navigating pretrial procedures and achieving favorable outcomes.

Related terms

Motion:

A formal request made to the court asking for a specific ruling or order regarding a legal matter.

Denial: A court's refusal to grant a motion, indicating that the requested action will not be taken.

Discovery:

The pretrial phase in which parties exchange information and evidence relevant to the case, often involving motions to compel discovery when one party refuses to cooperate.