Summary Judgment

Question 1

Summary Judgment

Answer 1

• Judge enters a judgment without a trial because there is no issue of fact for a jury to debate.
• May be based on all claims/defenses or just parts.

Question 2

Rule 56(a): Granting Summary Judgment

Answer 2

• A court will grant summary judgment if the moving party shows that there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law.
• AKA no reasonable jury could find for the other party

Question 3

“No genuine dispute”

Answer 3

No reasonable jury could accept the non-movant’s version of the facts

Question 4

“Material fact”

Answer 4

Fact which is essential to determining the outcome of the dispute.
A fact on which an element depends.

Question 5

“Entitled to judgment as a matter of law”

Answer 5

Combine facts and law to establish that under the facts you will win.