Definition:
Material Issue refers to a matter that must be resolved in order to reach a resolution in a disagreement. For instance, in a legal case, a material issue is a disputed fact that both parties must provide evidence for. If there is a material issue of disputed fact, a summary judgement cannot be reached. This term can also pertain to the initial delivery of a negotiable instrument or the allocation of securities by a corporation.
A material issue is a point of disagreement between multiple parties that must be resolved to settle a dispute. For example, in a court case, a material issue could be whether or not the defendant was present at the scene of the crime. This is a crucial point that must be determined to reach a verdict. Material issues are significant in legal proceedings as they help identify the key points that need to be addressed to reach a resolution. Without identifying material issues, it would be challenging to determine the necessary evidence and arguments needed to support a specific position.
A material issue refers to a fact or a legal point that is significant and relevant to the outcome of a case. It is a crucial element that can affect the rights and obligations of the parties involved.
The determination of a material issue depends on the specific facts and circumstances of each case. Generally, if a fact or legal point has the potential to impact the outcome of the case, it is considered a material issue.
If a material issue is not properly addressed or considered in a legal case, it can lead to an unfair or incorrect judgment. It is essential for all relevant material issues to be thoroughly examined and presented before the court.
Yes, a material issue can be raised at any stage of a legal proceeding, including during pre-trial, trial, or even on appeal. However, it is generally advisable to raise material issues as early as possible to ensure a fair and efficient resolution of the case.
To prove that a specific issue is material, a party must present evidence or legal arguments demonstrating its significance and relevance to the case. This can be done through witness testimony, documents, expert opinions, or legal precedents.
Yes, parties involved in a legal dispute can choose to resolve a material issue through settlement or negotiation. By reaching an agreement, they can avoid the need for a court decision and potentially save time and resources.
The judge has the responsibility to evaluate the evidence and legal arguments presented by the parties and determine which issues are material to the case. The judge’s decision on material issues can significantly impact the outcome of the case.
Yes, if a party believes that the judge has made an error in determining a material issue, they can appeal the decision to a higher court. The appellate court will review the case and determine if the lower court’s decision on the material issue was correct.
Not necessarily. In some cases, material issues can be decided by a jury, especially in jurisdictions where jury trials are available. The jury will evaluate the evidence and legal arguments presented and determine the material issues in the case.
Yes, it is possible for a material issue to change or evolve as new evidence or legal arguments are presented. The parties involved should be prepared to adapt their strategies and arguments accordingly to address any changes in the material issues of the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/material-issue/
- Modern Language Association (MLA):Material Issue. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/material-issue/.
- Chicago Manual of Style (CMS):Material Issue. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/material-issue/ (accessed: May 09 2024).
- American Psychological Association (APA):Material Issue. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/material-issue/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts