Summary Judgment Flashcards
1
Q
Anderson v. Liberty Lobby
A
The “reasonable jury standard.” The court weighs the evidence by volume and caliber. The right to corss-examine is not enough to resist summary judgment
Rule 56
2
Q
Coble v. City of White House
A
Citing Scott v. Harris: Genuine issue of material fact - is there objective evidence that “speaks for itself?” DNA, video, audio, etc…
3
Q
Burden of Proof
Cross v. USA
A
If plaintiff moves for summary judgment, as the movant they must carry the burden for the motion and the burden of proof at trial - also - if the case turns on the credibility of a witness the non-movant may be able to resist
4
Q
Dyer v. MacDougal
A
Nonmovant has the burden of showing a genuine issue of material fact. Cannot be merely the credibility of the plaintiff
