Legal Articles

Question of Fact, Trial

When a “question of fact” exists, a trial is often needed. It is improper for a Court to decide factual disputes without a trial, particularly on a motion to dismiss or for summary judgment. But, when does a “question of fact” exist? It exists in one of three situations. “A factual question exists if [1]…

Substantial Evidence

“Substantial evidence” is a legal requirement that comes up in certain circumstances, particularly when appealing a case or when arguing over a motion for directed verdict. Substantial evidence exists when there is believable, credible evidence that has “probative force on each fact that is necessary to sustain” a judgment. Ivie v. Smith, 439 S.W.3d 189,…

Directed Verdicts

At trial — even after surviving motions to dismiss and motions for summary judgment — a plaintiff may still lose his/her claim after presenting his/her evidence with a directed verdict. A motion for directed verdict is proper when a plaintiff has not made a submissible case. Rustici v. Weidemeyer, 673 S.W.2d 762, 765 (Mo. 1984). A…

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