Dispositive fact - sustany/dvg GitHub Wiki

A dispositive fact is a fact that, if proven with necessary certainty, resolves a legal dispute on its own. Oftentimes, establishing the truth of a dispositive fact will lead to the resolution of the lawsuit as a whole.�

For example, proving that the defendant never made contact with the plaintiff would be a dispositive fact in a battery claim brought by the plaintiff. If the parties never made contact, no battery was possible, and the court can dismiss the claim without analyzing the other elements of battery.��

As seen in Walters v. J. C. Penney Company Inc, a court cannot grant summary judgment if a dispositive fact is in dispute.�