Damages

What damages means

In practice, you will see damages in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where damages comes up

For example, the term appears in these procedures:

• Motion for Summary Judgment (Fed. R. Civ. P. 56): a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses damages in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Genuine dispute: a real disagreement about a fact, supported by evidence, that a reasonable fact-finder could resolve either way.
• Burden of proof: the obligation to prove a fact or claim to the required standard.
• Preponderance of the evidence: the usual standard of proof in civil cases: the fact is more likely true than not.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.