Re:Dominion Voting Systems Sues Rudy Giuliani
by aw1621107 on Tuesday January 26, 2021 @11:55AM
(#25918129)
> In such a case it is incorrect to say that the evidence was found to be lacking because the evidence was never considered.
I feel like now the disputable phrase is "considering the evidence". Is the judge not considering the evidence when deciding that the presented facts/evidence are insufficient to support the complaint, even when assumed to be true? How would such a ruling differ from a hypothetical one where the case goes to trial and the defense does literally nothing? Is the evidence considered in the latter case but not the former?
My comment wasn't very clear. Sorry about that. Usually we think of a judgment "on the merits" as one that occurs after considering both the law and facts of a case.
> Do you mind elaborating on the difference?
In the case of a motion to dismiss for failure to state a claim, the judge in theory assumes that the facts alleged in the complaint are all true. If he dismisses the case, it is because as a matter of law the plaintiff cannot win. In such a case it is incorrect to say that the evidence was found to be lacking because the evidence was never considered.