subrogation
Subrogation is a process of assuming the legal rights for whom expenses or debts have been paid. A good example of subrogation is when a person negligently starts a fire in their home which spreads to other homes and causes losses or damages. The insurance company has to pay the negligent party to rebuild his or her home. However, the negligent party cannot be sued by their insurance for the amount of insurance money that they received. The insurer is allowed to take over the remedies of the insured against another party in order to recover the sums paid out by the insurer to the insured and by which the insured would otherwise be overcompensated. A subrogee is a person or party that is trying to enforce the rights of another person or party. The subrogor is the person or party whose rights the subrogee is trying to enforce. An example of a situation where subrogation might happen is when a party drives erratically and slams into someone else’s car causing damage to the person’s car. The subrogee would pay to have the subrogor’s car fixed. Then, the subrogee could sue for negligence to get back the money that they paid to have the subrogee’s car fixed. A summary judgment is when a judge makes a judgment without going through the process of a full trial. A person might ask for a summary judgment because they are afraid that they might lose their case if it goes to trial. The judge must be shown sworn statements and documentary evidence that shows that there are no material issues that would need to be tried in a court of law. The plaintiff or the defendant may ask the judge to issue a summary judgment. Summary judgments can be beneficial to the legal community because they help to avoid having to go through the process of unnecessary trials that would take up the court’s time. The party in the proceeding that is asking for the summary judgment from the judge lawsuit must prove that summary judgment is what is right and proper for the proceeding. The judge will examine the evidence that the party who is not asking for the summary judgment has. The party who is not asking for the summary judgment can defeat the summary judgment by showing that a dispute of material facts exists. The strength of the evidence in the case does not matter and the judge has the right to say that a summary judgment will not happen and that the case will proceed to trial. Many summary judgment cases that are handled in the lower courts are overturned because of appeals. A judge may also decide to issue a partial summary judgment if it is appropriate in the particular case.