Summary Judgment

Question 1

Summary Judgment is the means by which courts may dispose of claims that claimants cannot prove. [for__________].

It is also the vehicle through which courts may hand a pretrial victory to litigants having claims that defendants cannot refute. [for _________].

Answer 1

defendant

plaintiff

Question 1

__________ ____________ is the means by which courts may dipose of claims that claimants cannot prove. [for defendants]

Answer 1

summary judgment

Question 2

___________ _____________ is also the vehicle through which courts may hand a pretrial victory to litigants having claims that defendants cannot refute [for plaintiffs]

Answer 2

summary judgment

Question 3

Summary judgment is the means by which _____________ may __________ of ___________ that claimants cannot prove. [for defendants]

Answer 3

courts

dipose

claims

Question 4

Summary Judgment is the ___________ through which courts may hand a ________ victory to litigants having claims that defendants cannot refute. [for plaintiffs]

Answer 4

vehicle

pre-trial

Question 5

Summary Judgment gets to rely on ____________.

Answer 5

evidence

Question 6

____________ ______________ gets to rely on evidence.

Answer 6

summary judgment

Question 7

It involves a judge reviewing the evidence presented by both parties in a case and making a decision as to whether there are any genuine issues of material fact that would require a trial. If there are not any genuine issues of material fact the judge can grant the ____________ ______ __________ _________ or _________ __________ _______ _________ _________. If the judge finds that there are no such issues, he or she will grant _____________ ______________ in favor of one of the parties, effectively ending the case without a trial.

Answer 7

motion for summary judgment

partial motion for summary judgment

summary judgment

Question 8

Summary judgment is often used in cases where the________ _____ ______ ________ are not in ________, but there is a legal question that needs to be resolved.

Answer 8

facts of the case

dispute

Question 9

Summary judgment is often used in cases where the facts of the case are not in dispute, but there is a __________ __________ that needs to be __________.

Answer 9

legal question

resolved

Question 10

The main purpose of ________ is to resolve ___________ _________ between the parties, something that is typically done by a jury (in actions at law).

Answer 10

trial
factual disputes

Question 11

The main purpose of trial is to resolve factual disputes between the parties, something that is typically done by a ___________ (in actions at law).

Answer 11

jury

Question 12

If the court is able to determine that there is “________ _________ _________ _______ __________ ___________ .” then there is no factual dispute for a jury to resolve, meaning that a trial would be pointless.

Answer 12

NO GENUINE DISPUTE AS TO ANY MATERIAL FACT

Question 13

In the absence of any genuine factual dispute, resolution of the action becomes simply a matter of applying the relevant ______ to the _______, something that the court itself may do without the aid of a jury.

Answer 13

law to the facts

Question 14

In the absence of any genuine factual dispute, resolution of the action becomes simply a matter of applying the relevant law to the facts, something that the ________ itself may do without the aid of a _________.

Answer 14

court

jury

Question 15

The first question to ask in a motion for summary judgment is:

Answer 15

Was the motion for summary judgment filed by a proper party?

Question 16

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

What rule?

Answer 16

Rule 56(a)

Question 16

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.’’

Shall =

Movant =

Answer 16

shall = mandatory

movant = person making the motion for summary judgment

Question 17

There are no improper parties on summary judgment motions. They can be filed by plaintiffs, defendants, or third parties. They can seek to terminate a claim or defense, or to demand immediate victory on a claim or defense.

Stated Beckman’s way:

Answer 17

Any party can file a motion for summary judgment as to the aspect of the case that they are involved in. Just have to be a party.

Question 18

The second question to ask in a motion for summary judgment is:

Answer 18

Was the motion filed no later than 30 days after the end of discovery?