Adjudication w/o Trial

Question 1

Devices for dismissal include:
a. _________ Dismissal
b. ___________ Dismissal for failure to prosecute, failure to comply with court rules, or in a non-jury trial, failure to prove a claim or defense.
c. Dismissal for ____________________

Answer 1

(1) voluntary
(2) involuntary
(3) failure to state a claim

Question 2

A Motion for Judgment on the Pleadings may be filed by (1) __________________________. In deciding the motion, the court will look only to the (2) __________ _________ to determine if that pleading has stated a (3) _____ or _______.

Answer 2

(1) either plaintiff or defendant
(2) nonmovant’s pleadings
(3) claim or defense

Question 3

F.R.C.P. 56 provides that for summary judgment, the ______ is on the ______ to show that:
a. there is no __________________________, and
b. movant is ________________________________.

Answer 3

burden . . . movant
(1) genuine issue of material fact
(2) entitled to judgment as a matter of law

Question 4

One major difference between a motion for summary judgment and motions under Rules 12(b)(6) [failure to state a claim] and 12(c) [judgment on the pleadings] is that a summary judgment motion may include ________.

Answer 4

evidence

Question 5

For summary judgment in favor of the party not having the burden of proof at trial (usually the defendant), the movant may meet the first part of the burden (no dispute of material fact) by:
a. _____________________________________________
b. ________ portions of nonmovant’s essential fact allegations (Adickes)
c. pointing to the record, after a __________________________, and alleging that non movant lacks sufficient evidence to support an ________________ of her case, upon which nonmovant has the ____________________. (Celotex)

Answer 5

(1) assuming all of nonmovant’s fact allegations to be true
(2) negating
(3) reasonable time for discovery . . . essential element . . . burden of proof at trial

Question 6

For summary judgment in favor of the party bearing the burden of proof at trial, the movant must meet the burden of proof by ______________________________ of the claim or defense.

Answer 6

offering evidence to establish each element

Question 7

Once the movant has met the initial burden under Rule 56(a), the burden shifts to _________, who may defeat the motion for summary judgment by:
a. ___________________, or
b. _______________________________________________.

Answer 7

nonmovant
(1) creating a fact dispute
(2) showing that the law does not entitle movant to judgment

Question 8

In deciding the motion for summary judgment, the court must view the evidence in the ________________________________.

Answer 8

light most favorable to the nonmovant

Question 9

To create a fact dispute that will prevent summary judgment, nonmovant must offer opposing evidence on which _________________________. If reasonable minds could not differ, then there is no fact dispute, and the judge may render summary judgment.

Answer 9

reasonable minds could differ

Question 10

Anderson v. Liberty Lobby emphasizes that the question before the court on a motion for summary judgment is the same as for a motion for ________ _______.

Answer 10

directed verdict

Question 11

If a party lacks evidence to respond to a motion for summary judgment, that party may seek __________ ____ under Rule 56(d).

Answer 11

additional time