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2.3.1. Jurisdiction and standing. Early disposition is generally appropriate where the tribunal must address such matters as the scope of their authority.
2.3.2. Claims or legal theories of recovery. Early disposition may be appropriate for claims or theories of recovery:
18.104.22.168. That can be accepted or rejected as a matter of law, without the need for an evidentiary hearing.
22.214.171.124. That may be barred by defenses, such as contractual covenants, prescription /limitation periods,statutes of fraud, release,settlements, res judicata, or collateral estoppel.
126.96.36.199. Where the claimant cannot demonstrate that it will be able to provide evidence to satisfy a required element of the claim or theory of recovery.
2.3.3. Defenses. As with early disposition of claims, it may be possible to resolve certain defenses because: the defense fails as a matter of law, the party asserting the defense will not be able to establish one or more required elements of the defense, or the party is barred from asserting the defense.
2.3.4. Damages. In some cases, issues relating to damages may be appropriate for early disposition. For example, early disposition of issues that significantly limit damages may help to resolve related merits issues or facilitate settlement.
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