Pg 30

Question 1

What does adjudication without trial mean?

Answer 1

There are a handful of procedures that allow for the disposition of a case without having to go to trial

Question 2

What is summary judgment?

Answer 2

This resolves part or all of a case before trial by the moving party showing no genuine dispute about any material fact and the movant is entitled to judgement as a matter of law. This can be requested by either party. The point of a trial is to resolve factual disputes, so if there are none, or it is clear who would prevail, then summary judgement motion should be filed.

Question 3

Who has the burden for a summary judgement motion?

Answer 3

The moving party has the burden and all inferences go to the nonmoving party or evidence is construed in the light most favourable to him

Question 4

In order for a summary judgement movement to be brought, what must the movant identify?

Answer 4

Each claim or defense, or part of it, that summary judgement is sought for

Question 5

If summary judgment is successful, what happens?

Answer 5

Judgement is entered by the court without trial

Question 6

Is summary judgement meant to try the facts?

Answer 6

No, it is only trying to determine if genuinely contested issues of material fact are available. If there is a genuine dispute about the facts, that is for the jury to resolve

Question 7

Is it possible to have partial summary judgment?

Answer 7

Yes. This happens when summary judgement resolves some of the claims but not all.

Question 8

Do immaterial factual issues like whether or not the victim is wearing a belt stop summary judgment?

Answer 8

No

Question 9

At its core, what is summary judgment?

Answer 9

This determines when a trial is not needed because material facts are not in dispute. The court doesn’t weigh the evidence or assess the credibility, but it just draws reasonable inferences in favour of the party that is opposing the summary judgement

Question 10

What are ways that you can win on summary judgment?

Answer 10

If you can show that the plaintiff’s version of the events was so blatantly contradicted by the record that no reasonable factfinder could rule in his favour

Question 11

If opposing parties tell two different stories, one of which is blatantly contradicted by the records so that no reasonable jury could believe it, should the court adopt that version of the facts for ruling on a summary judgement motion?

Answer 11

No.

Question 12

What are the elements for summary judgment?

Answer 12

– no genuine dispute about any material fact
– movant must be entitled to judgement as a matter of law
– court views the evidence in light most favourable to the nonmoving party

Question 13

For the element for summary judgement that requires no genuine dispute about any material fact, what does that mean?

Answer 13

There cannot be an important fact in the case that could affect the outcome on which the jury could reach different conclusions about, otherwise the case continues.

Question 14

What does genuine dispute mean as an element of summary judgment?

Answer 14

A reasonable jury could reach different conclusions about a material fact. Dispute about facts that are not material to the case do not affect summary judgement

Question 15

For the element for summary judgement that requires that the court view the evidence in the light most favourable to the nonmoving party, who has the burden to establish all of the elements of the underlying claim in order to avoid summary judgment?

Answer 15

The plaintiff

Question 16

In order for summary judgement to be successful, a party must assert that a fact cannot be genuinely disputed. What are the two different ways that this can happen?

Answer 16

• by citing to certain parts of the material on the record: like depositions, documents, ESI, affidavits, declarations, admissions, interrogatory answers, etc.
  – by showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party can’t produce admissible evidence to support the fact

Question 17

How is summary judgement similar to a directed verdict?

Answer 17

Summary judgement should only be granted when the evidence would require a directed verdict for the moving party

Question 18

The party that is asking for summary judgement has the burden of showing what?

Answer 18

That there is no genuine issue. The initial burden of production is on that moving party, and if he satisfies it, the burden shifts to the non-moving moving party, and then the ultimate burden of persuasion stays on the moving party.

Question 19

If a party that is moving for summary judgement doesn’t meet its burden, what must the nonmoving party do?

Answer 19

Just have to point that out

Question 20

When must summary judgement be filed?

Answer 20

Any time within 30 days after the close of all discovery

Question 21

If a party opposes summary judgment, what must he do?

Answer 21

Must support his position with evidentiary materials.

Question 22

In order to move for summary judgement do you have to present supporting affidavits?

Answer 22

No, you just have to cite to parts of the materials in the record or show materials don’t prove that a genuine dispute exists

Question 23

Is it possible to grant summary judgement if the plaintiff’s only corroborating evidence is his own self-interested, self-serving testimony?

Answer 23

No, since this is sworn under oath that would mean there is a genuine fact issue that is created so the court cannot make credibility determinations about summary judgement motions. Summary judgement is only appropriate if the plaintiff’s testimony, viewed in the light most favourable to the plaintiff, still didn’t support the essential elements of his claim. If you have sworn testimony, that is a matter for the jury to decide and all that matters is if it is true

Question 24

Can an affidavit repeat someone’s hearsay statement?

Answer 24

No, affidavits must be made on personal knowledge and set facts that would be admissible in evidence

Question 25

Can a motion for summary judgement be supported by affidavits, depositions, answers interrogatories, or admissions?

Answer 25

Yes

Question 26

What is a basic thing that a defendant has to do in order to bring a motion for summary judgment?

Answer 26

Point out that the plaintiff has not proved his case. He doesn’t have to provide more evidence to show lack of evidence, since the plaintiff has the burden to prove the case by showing all the elements

Question 27

What is the standard that applies for summary judgment?

Answer 27

Whatever standard would be applied at trial. Usually this is preponderance of the evidence, but cases like defamation or fraud require clear and convincing evidence

Question 28

What does the language “genuine issue of material fact“ mean for summary judgment?

Answer 28

More than just disputed facts, evidence presented must be such that a jury applying the correct evidentiary standard could reasonably find for the plaintiff or the defendant. The plaintiff must present evidence from which the jury might return a verdict in his favor, underlying COA matters and court will assess genuine issues of material fact based on requirements of the cause of action or relevant evidentiary standards.

Question 29

When it comes to summary judgement does the judge have discretion to say that it would be better to try the case?

Answer 29

No, the judge has no discretion to deny properly supported summary judgement motions. If he gets one, he must allow it

Question 30

What is the thing to watch for when it comes to motions for summary judgement that is a sure fire way to know that the summary judgement motion would be denied?

Answer 30

“He said, she said” language. This creates a classic issue for trial, and summary judgement should be not denied because there is something on which reasonable people can disagree

Question 31

Does summary judgment happen live?

Answer 31

No, this is paper testimony. It depends on whether there is enough evidence in the paper record to go to trial. There is no judge sitting as a trier of fact when deciding summary judgement motions. The judge just looks back at all the evidence from discovery to decide if there is enough of a factual dispute to go to trial.

Question 32

Can you appeal the denial of summary judgment?

Answer 32

No

Question 33

If you were able to contradict the other person’s story, does that entitle you to summary judgment?

Answer 33

No, it entitles you to trial