Summary Judgment vs. Default Judgment and Legal Ethics

Practice questions covering the distinctions between summary and default judgments, as well as the ethical duties and procedural rules for legal counsel.

How does the finality of a summary judgment differ from a default judgment?

Summary judgment is a full final judgment, whereas a default judgment is not a final judgment in some cases and may be set aside.

How can a summary judgment be set aside?

Summary judgment may be set aside on appeal.

Under what conditions and by which courts can a default judgment be set aside?

A default judgment may be set aside by the same court or a court of coordinate jurisdiction upon the tender of good reasons by the defendant.

On what basis is a summary judgment decided compared to a default judgment?

Summary judgment is decided on the merits of the case, while a default judgment is not decided on the merits of the case.

What is the procedural distinction between summary judgment and default judgment?

Summary judgment is a recognized summary judgment procedure, whereas default judgment is summary in nature but exists as a consequence of a default in procedure rather than being a procedure itself.

How is the counsel's role described in relation to the temple of justice?

The counsel is a minister in the temple of justice and must make good representation to the court.

What must counsel avoid according to Rule 26 of 2?

Avoid sharp practices by springing surprises at council on the other side.

According to Rule 20 and Rule 24 sub 3, what is the restriction on counsel regarding affidavits?

The counsel must not depose to an affidavit for his client.

What duty is established under Rule 14?

Rule 14 establishes the duty of diligence and devotion.

How should counsel act regarding the filing of documents for a client’s case?

The counsel must act diligently by acting timidiously (timely) in filing his documents.