Rule 56 Summary Judgment Flashcards
Who carries the burden to prove that there is no genuine issue as to a material fact?
The moving party
The nonmoving party had to demonstrate that the jury _____
could not reasonably deliver a verdict based on the evidence
In a motion for summary judgement, the judge will view the facts in the light most favorable to the ____
Non-moving party
Define non-moving party
The party who summary judgment may be entered against
Define moving party
The party moving for summary judgment
State Rule 56
The court shall grant a motion for sumary judgment where the movant has shown that there is no genuine ddispute as to a material fact and that the movant is entitled to judgment as a matter of law. The moving party has the initial burden of production. Once the movnig party has met their burden, it shifts to the non moving party. The ultimate burden of persuasion always lies with the moving party. In order to determine if the moving parrty has met their burden of persuasion, the court will look to determine who has the burden of persuasion at trial. If the moving party has the burden of persuasion at trial, the moving party must meet their intial burden of production with affirmative evidence.
What are the factors in determinig if it was a final, valid judgement?
ability to appeal Call witnesses compel evidence neutral decision maker notice given to parties
If the issue or claim is precluded then the party is entitled to ____
judgment as a matter of law
Failed to appear =
default judgment, rule 55
If default judgment is entered, will this judgment be considered actually litigated?
No
If a general verdict is entered, this means the issues were not _____
necessarily decided
Why are general verdicts considered “not necessarily decided?”
Because a general verdict does not give a determination of what the basis for the verdict was. It could have been any issue litigated.
If an issue is conceded or admitted during trial, this issue has not been _____
actually litigated
