adjudication without trial

Question 1

devices for dismissal include:

__ dismissal
__ dismissal for failure to prosecute, failure to comply with court rules, or in a non-jury trial, failure to prove a claim or defense
dismissal for __

Answer 1

voluntary dismissal
involuntary dismissal
dismissal for failure to state a claim.

Question 2

a motion for judgment on pleading may be filed by __. in deciding the motion, the court will look only to the __ to determine if that pleading has stated a __ or __.

Answer 2

filed by either plaintiff or defendant. only to the nonmovant’s pleadings… if that pleading has stated a claim or defense.

Question 3

for summary judgment, the __ is on the __ to show that: a. there is no __, and b. movant is __.

Answer 3

the burden is on the movant, there is no genuine issue of material fact, and the movant is entitled to judgment as a matter of law.

Question 4

one major difference between a motion for summary judgment and motions under 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

summary judgment motion may include evidence.

Question 5

for summary judgment in favor of the party not having the burden of proof at trial, the movant may meet the first part of burden[no dispute of material fact] by: 1.,
2. __ portions of nonmovant’s essential fact allegation
3. pointing to the record, after a __, and alleging that nonmovant lacks sufficient evidence to support an __ of her case, upon which nonmovant has the __.

Answer 5

1. assuming all of nonmovant’s fact allegations to be true
2. (negating) portions of nonmovant’s essential fact allegation
3. pointing to the record, after a (reasonable time for discovery), .. sufficient evidence to support an (essential element), (burden of proof at trial).

Question 6

for summary judgment in facor 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

by offering evidence to establish each element of the claim or defense.

Question 7

once the movant has met the initial burden under rule 56(a) or (b), the burden shifts to _ , who may defeat the motion for summary judgment by 1 or 2

Answer 7

the burden shifts to 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

in the light most favorable to the nonmovant.

Question 9

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 9

a motion for directed burden.

Question 10

to create a fact dispute that will prevent summary judgment, nonmovant must offer opposing evidence on which _.

Answer 10

reasonable minds could differ.

Question 11

if a party lacks evidence to respond to a motion for summary judgment, that party may seek _ under rule 56(f).

Answer 11

additional time