[nathanbedford]

You are correct the "as" should be rendered, "is." The source of the problem is Dragon NaturallySpeaking software which often confuses "is" for "as" and even more often "his" for "is."

The blame for the problem however belongs to the proofreader.

As to the meaning of the reply, an open question of fact must be determined by the trier of fact but questions of law are resolved by the judge. The judge here is saying that she cannot from the pleadings alone conclusively find that there is no issue of fact concerning the alleged fraud which has been raised by the respondents as a defense. She cannot simply conclude that a fraud was committed, or not committed for that matter, that remains an open question to be decided by a jury or a judge, if sitting without a jury, after a plenary hearing.

[C. Edmund Wright]

But where is the burden in such a hearing, and was it met?

[exDemMom]

As to the meaning of the reply, an open question of fact must be determined by the trier of fact but questions of law are resolved by the judge. The judge here is saying that she cannot from the pleadings alone conclusively find that there is no issue of fact concerning the alleged fraud which has been raised by the respondents as a defense. She cannot simply conclude that a fraud was committed, or not committed for that matter, that remains an open question to be decided by a jury or a judge, if sitting without a jury, after a plenary hearing.

Not to insult you or anything, but I find trying to read your posts is rather humbling. I write mostly on scientific issues, and can quickly and easily go over reader's heads. Reading your posts is a reminder of how my scientific descriptions can look if I am not careful.

Of course, scientific writing is meant to be clear and legalese is meant to obfuscate... but that's beside the point.