material fact


Also found in: Financial.

material fact

[mətir′ē·əl]
Etymology: L, materia, matter, factum
1 (in law) a fact that establishes or refutes an element essential to the complaint, charge, or defense. The presence of a material fact in a case being tried precludes granting of a summary judgment.
2 a fact that would be important to a reasonable person in deciding whether to engage in a transaction or not.
References in classic literature ?
He had likewise, as we have observed, omitted many material facts in his present relation.
If nothing is added to the material facts so far established, I fear that the mystery which surrounds the abominable crime of which Mademoiselle Stangerson has been the victim will never be brought to light; but it is to be hoped, for the sake of our human reason, that the examination of the walls, and of the ceiling of The Yellow Room --an examination which I shall to-morrow intrust to the builder who constructed the pavilion four years ago--will afford us the proof that may not discourage us.
Jansenius and the general mob of mankind with nothing but a grovelling consciousness of some few material facts, she felt in herself an exquisite sense and all-embracing conception of nature, shared only by her favorite poets and heroes of romance and history.
Of course, it was a case of conscience, but the material facts such as these brought about the solution.
The district court held that there were genuine issues of material fact as to whether the prison defendants were deliberately indifferent to one inmate's prostrate cancer and to another inmate's another inmate's HIV/AIDS condition and Hodgkins disease.
The Fleming Securities were sold pursuant to a Registration Statement and Prospectus, as amended (collectively, the "Registration Statement"), which contained false and misleading statements of material fact and omitted to state material facts necessary in order to make the statements made therein not misleading.
The court held that summary judgment was precluded by a genuine issue of material fact as to whether the officials' delay in treatment posed a substantial risk of serious harm, where the seriousness of the detainee's appendicitis could be discerned without competent medical proof, and the detainee's manifestations of pain and injury during his detention were so obvious that even a layperson could have easily recognized the necessity for a doctor's attention.
The court found that genuine issues of material fact, regarding whether the officer's supervisor knew that the female inmate was at risk of sexual assault by the officer, precluding summary judgment.
Any CPCU Society member found to discredit the Society or the business of insurance and risk management or to willfully misrepresent or conceal a material fact in insurance and risk management dealings in violation of a duty or obligation will be held accountable to the Society," added James R.
The court held that summary judgment was precluded by genuine issues of material fact as to whether the issuance of a misconduct report against the Muslim inmate who refused to assist in the preparation of pork while working in the prison kitchen, and his placement on cell restriction for 30 days, constituted a substantial burden on his exercise of sincere religious belief and whether the sanctions were the least restrictive means of furthering compelling government interests.
The court found that summary judgment for the defendants was precluded by a genuine issue of material fact as to whether the suspect's nearly three-hour post-acquittal detention by a sheriff's office was reasonable.
The court denied summary judgment for the defendants, finding genuine issues of material fact as to whether the employee would have been discharged if he had not criticized the superintendent's spending on her residence.

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