Sentences with phrase «prevails as a matter of law»

The NCAA needed to convince the judge that no genuine and disputed issues of material fact remain, and when viewing the evidence most favorably to the players, that the NCAA would be clearly entitled to prevail as a matter of law.

Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law.

Not exact matches

Among them were pantheism and the positions that human reason is the sole arbiter of truth and falsehood and good and evil; that Christian faith contradicts reason; that Christ is a myth; that philosophy must be treated without reference to supernatural revelation; that every man is free to embrace the religion which, guided by the light of reason, he believes to be true; that Protestantism is another form of the Christian religion in which it is possible to be as pleasing to God as in the Catholic Church; that the civil power can determine the limits within which the Catholic Church may exercise authority; that Roman Pontiffs and Ecumenical Councils have erred in defining matters of faith and morals; that the Church does not have direct or indirect temporal power or the right to invoke force; that in a conflict between Church and State the civil law should prevail; that the civil power has the right to appoint and depose bishops; that the entire direction of public schools in which the youth of Christian states are educated must be by the civil power; that the Church should be separated from the State and the State from the Church; that moral laws do not need divine sanction; that it is permissible to rebel against legitimate princes; that a civil contract may among Christians constitute true marriage; that the Catholic religion should no longer be the religion of the State to the exclusion of all other forms of worship; and «that the Roman Pontiff can and should reconcile himself to and agree with progress, liberalism and modern civilization.»

To prevail on summary judgment, the defendant is required to demonstrate that no genuine issue of material fact exists and the undisputed facts, when viewed in a light most favorable to the plaintiff, require judgment for the defendant as a matter of law.

Because our existing case law holds that a property owner does not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice, see Sullivan v. Brookline, 416 Mass. 825, 827 (1994), the judge concluded that, as a matter of law, the plaintiff could not prevail on his claims of negligence; therefore, the judge allowed the defendants» motions for summary judgment.