Lower Court's Grant Of Summary Judgment example essay topic
281 words
Ausley vs. Bishop FACTS: In November 1994, Bryan Bishop began working for Andrew Ausley as an apprentice to gain his appraiser's license. After getting his license in April 1997, Ausley wanted to Bishop to sign a new employment contract that included less pay than before. After Bishop refused and decided to open his own office, Ausley told other people that Bishop was unethical and had even stolen files from Ausley's office. Ausley filed suit that Bishop breached contract and was granted a summary judgment.
Bishop appealed the judgment and filed a counterclaim charging Ausley with slander. ISSUE: Whether or not the trial court should have granted Ausley a summary judgement? LAW: A motion for summary judgment may be filed after the complaint, answer and any other pleading have been filed. A summary for judgment is that the party making the motion may support it with sworn statements and other materials. It will be granted only if, when the evidence is views in the light most favorable to the other party, it is clear that there are no factual disputes in contention. RATIONALE: The plaintiff admitted to telling several people that the defendant had committed unethical acts.
Since, the defendant is trying to start his own business the statements made by the plaintiff can cause potential harm. The plaintiff also admits that previous charges of by the defendant were dropped. HOLDING: The Court of Appeals of North Carolina held that Bishop had enough proof of his claim for it to go to trial. The court reversed the lower court's grant of summary judgment and sent the case to trial.
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