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Dispositive
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Dispositive
Practical Law Glossary Item 8-519-9671
(Approx. 3 pages)
Glossary
Dispositive
An adjective describing something that resolves a legal issue, claim or controversy. Dispositive can be used to describe:
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:
pre-answer motion to dismiss; or
motion for
summary judgment
.
For more information regarding pre-answer motions to dismiss, see
Practice Note, Handling Federal Litigation: Overview: Pre-answer Motion to Dismiss
.