Model_Answer_SumJudgment - Summary Judgment Introduction:...

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Summary Judgment Introduction: Necessary Inclusion in Answer In order for a party to be granted summary, Rule 56(c) states that there must be no genuine issue of material fact and that the moving party must be entitled to judgment as a matter of law. What is the issue of material fact? (ex: was husband murdered or self-defense) Issue (based on facts of case) must be decided in moving parties favor in order to obtain SJ, a reasonable jury would need to be compelled. Optional Inclusion An issue is material only if it must be decided to resolve whether moving party is entitled to SJ. If D is moving for SJ, D could win if any one of the issues required for P to win at trial would have to be decided in D’s favor. If P is moving for SJ, P can only win if all the issues in the case would have to be decided in his favor. Issue is genuine if a reasonable jury could find for either party, therefore moving party must show that a reasonable jury would be compelled to find for him. SJ Framework with Factual Evidence: Necessary Inclusion Does the moving party have the burden of production at trial? If yes, proceed to option #1 If no, proceed to option #2 Option #1 : MP with the BOPT (P will usually be MP with BOPT)(watch for affirmative defenses) ( least likely to occur on test
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This note was uploaded on 08/28/2008 for the course LAW 433 taught by Professor Wooley during the Spring '08 term at University of Texas at Austin.

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Model_Answer_SumJudgment - Summary Judgment Introduction:...

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