Judgment

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.…

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.…

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…

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.…

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…

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…

Is it right for others to question your dreams? To me the answer is no, however, I don’t think there is a right or wrong answer to this question because everyone has a different point of view of almost everything. The book The Great Gatsby, which was written by F. Scott Fitzgerald, is a American style novel describing a millionaire also faces many judgments from others, characters in this book clearly performed how the society is, hates, love, jealousy, having doubts, and somehow can reflect…

this point is not supported strongly enough. She claims that there should be no judging of bodily features, and I have mixed feelings about it. I am neither for or against it. On one hand, I agree that often times as humans we can be excessively judgmental. On the other hand, I still insist that sometimes people should be judged based on their appearance. The truth is that in everything or everyone there is a bias. And it is with the bias that we pass judgment. No one can say that they are…

At the end of Antigone, Creon discovers that he led himself to his own doom by his pride and power that manipulated his better judgment. Creon 's self-confidence helped promote his loyalty to Thebes. However, in the process of promoting his devotion to his land, he became overwhelmed with the power he possessed. "The furies sent by the gods and the God of death to strike you down with the pains that you perfected"(1196-1197). Creon angered the gods because of his choices that he made for himself…

Reflections of Judgment Through Fiction When reading through various works of fiction, we sometimes come across material that almost speaks directly to us, or may even describe our current situation or feelings. Although the works are truly fictitious, the inspiration for these stories comes from deep within the mind of the author, who is human, and human emotions tend to bleed through fiction. This is how we can find a surreal connection to so many stories that never actually occurred. Some…