Facts. A dispositive fact determines an issue. For example, the fact that claims arise under federal law is dispositive of whether a federal district court has federal question jurisdiction over a lawsuit (see Practice Note, Commencing a Federal Lawsuit: Initial Considerations: Federal Question Jurisdiction).

Issues. A dispositive issue resolves a claim or controversy. For example, whether an employer’s action falls under Title VII of the Civil Rights Act of 1964's definition of prohibited discriminatory conduct may be a dispositive issue in an employment discrimination action (see Practice Note, Discrimination Overview: Prohibited Employer Conduct Under Title VII).

Motions. A party seeking to definitively conclude one or more claims in a lawsuit may file a dispositive motion, such as a: