Page 1 of 50 - About 500 Essays
  • Judgment Motion

    To prevail on a traditional summary-judgment motion, a movant must show that there is no genuine issue as to any material fact and that he is entitled to judgment as a matter of law. Tex. R. Civ. P. 166a(c); Amedisys, Inc. v. Kingwood Home Health Care, LLC, 437 S.W.3d 507, 511 (Tex. 2014). A defendant is entitled to summary judgment by conclusively negating at least one essential element of the plaintiff’s cause of action or establishing each element of an affirmative defense. Radcliffe v. Tidal Petroleum, Inc., No. 04-15-00644-CV, 2017 Tex. App. LEXIS 1049, at *25 (Tex. App.—San Antonio Feb. 8, 2017, no pet.). “A matter is conclusively established if reasonable people could not differ as to the conclusion to be drawn from the evidence.” Garner Envtl. Servs. v. First in Rescue, Safety & Training, LLC, No. 01-16-00388-CV, 2016 Tex. App. LEXIS 13631, at *5 (Tex. App.—Houston [1st Dist.] Dec. 22, 2016, no pet.). A party moving for summary judgment based on an affirmative defense bears the burden of proving each element of that affirmative defense. FDIC v. Lenk, 361 S.W.3d 602, 609 (Tex. 2012). Defendant Brad Avey is entitled to summary judgement because he can either establish each element of an affirmative defense to or negate at least one element of Plaintiffs’ causes of action.…

    Words: 1274 - Pages: 6
  • Pros And Cons Of Summary Judgment

    Arguments & Authorities The movant for summary judgment has the burden of showing that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. In deciding whether there is a disputed fact issue precluding summary judgment, evidence favorable to the non-movant will be taken as true. Every reasonable inference must be indulged in favor of the non-movant and any doubts resolved in its favor. Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex.…

    Words: 1171 - Pages: 5
  • Social Judgments And Decision-Making: A Case Study

    The article, Incidental Haptic Sensations Influence Social Judgments and Decisions, contains three paired experiments that test whether or not primary tactile sensations influence cognitive processing in either aspect-specific ways or metaphor specific-ways (Ackerman et al., 2010). In experiments 1 and 2, researchers hypothesized that variable weight unconsciously affects decision-making (Ackerman et al., 2010).). For experiment 1, the weight of a clipboard affected participants’ evaluation on…

    Words: 1418 - Pages: 6
  • The Judgment

    Existentialism concepts through its effects on one's choices: A "The Judgment" analysis Over time many philosophers raise questions about human existence and purpose in life. The famous philosopher Franz Kafka wrote a series of stories surrounding the idea of how humans are susceptible to the fear of being in control of their own existence. Existentialist theorist , Franz Kafka's written "The Judgment" which conveys the message on how our actions and choices in life are heavenly affected by…

    Words: 1302 - Pages: 6
  • First Assumption Socrates

    According to Socrates, one can make a judgment about all of Theodorus’s physical attributes, such as the fact that Theodorus has two eyes, a nose, legs, etc., but this does not distinguish Theodorus from other people that share the same physical attributes. Thus, in order to separate Theodorus from the rest of the people that share the same attributes, one must be able to distinguish what it is that differentiates Theodorus from the rest of the people that share the same physical attributes.…

    Words: 1798 - Pages: 8
  • John Kavanaugh Don T Judge Analysis

    thought of this saying again. The author of this article, John Kavanaugh, wrote how one should only leave judging up to God or in other words there comes a time and a place for judgment. There are all different types of judgments; good, bad, sound, or reasoned. It matters how one choses to judge someone or something in everyday life. Am I helping someone out or am I tearing someone down? Kavanaugh describes how one unconsciously judges others when one doesn’t realize it. Realistically, it is…

    Words: 1465 - Pages: 6
  • In The Sanctuary Of Outcast Analysis

    have a common similitude. The mixture within patients and convicts presents several memorable moments for White. Moments such as when, White tries helping a blind couple, which ended in rejection, “All they knew was that I was a convict. They were afraid of me.” Demonstrations such as these reflect the judgment inside Carville as well as the potential outside. Judgment upon both of these residents resides…

    Words: 895 - Pages: 4
  • Definition Essay On Common Sense

    A glass bottle is broken in the middle of the street, and as common sense would tell anyone, it is probably best to avoid and walk around it. However, if everyone embodied this practical and sound judgment, then why do people still smoke cigarettes despite knowing the effects to their body? The question is then this: is common sense really so, common? The Oxford dictionary definition states common sense as “good sense and sound judgement in practical matters.” The problem within the…

    Words: 1042 - Pages: 5
  • Thelma Agnes Smith And Riley Case Study

    The case arguments for this case where that the plaintiffs and their company did not have full standing of “customers” of the bank therefore were not able to have equitable standing to file suit against the defendant. The term customers defined as a person having a relationship with the bank or individual that a bank has a relationship with to maintain other accounts. Under this terminology, the defendants filed a motion for summary judgment stating the plaintiffs did not have standing as they…

    Words: 1047 - Pages: 4
  • Rick Ostrander Why College Matters To God Analysis

    was found early in the course when we discussed Ordinary Grace. One example of judgement found in this book was between races, Native Americans and Whites. In this example Frank had a negative impression of Warren Redstone. Later in the semester we discussed the novel The Chosen. Quick judgement based off religious beliefs had a large impact on how the story panned out. The different religious traditions tore apart the Orthodox Jews and the Hasidic Jews. In this novel we witness two boys hating…

    Words: 1610 - Pages: 7
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