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Adjudication w/o Tri
| Question | Answer |
|---|---|
| 94. Devices for dismissal include: | a. Voluntary Dismissal b. Involuntary Dismissal for failure to prosecute, failure to comply with court rules, or in a non-jury trial, failure to prove a claim or defense. c. Dismissal for Failure to State a Claim |
| 95. A Motion for Judgment on the Pleadings may be filed by ___. In deciding the motion, the court will look only to the ___ to determine if that pleading has stated a ___ or ___. | either plaintiff or defendant nonmovant's pleadings claim defense |
| 96. F.R.C.P. 56 provides that for summary judgment, the burden is on the movant to show that: | a. there is no genuine issue of material fact, and b. movant is entitled to judgment as a matter of law. |
| 1 difference between a MSJ and failure to state a claim or judgment on the pleadings is that a summary judgment motion may include ___. And the court is entitled to examine other evidence in the ___, such as discovery on file with the court. | evidence court record |
| 98. For summary judgment under Rule 56(b) (in favor of the party not having the burden of proof at trial), the movant may meet the first part of the burden (no dispute of material fact) by: | assum'g all of NM's fact allgtns to be true negat'g portions of NM's essntl fact allgtns point'g to the record, after a reasonable time for discry, & alleg'g that NM lacks suffic evidence to supp an essntl case elmnt upon which NM has burden of proof |
| 99. For summary judgment under Rule 56(a) (in favor of the party bearing the burden of proof at trial), the movant must meet the burden of proof by ___ of the claim or defense. | offering evidence to establish each element |
| 100. Once the movant has met the initial burden under Rule 56(a) or 56(b), the burden shifts to nonmovant, who may defeat the motion for summary judgment by: | a. creating a fact dispute, or b. showing that the law does not entitle movant to judgment. |
| 101. In deciding the motion for summary judgment, the court must view the evidence in the ___. | light most favorable to the nonmovant |
| 102. To create a fact dispute that will prevent summary judgment, nonmovant must offer opposing evidence on which reasonable minds could differ. If ___, then there is no fact dispute, and the judge may render summary judgment. | reasonable minds could not differ |
| 103. Anderson v. Liberty Lobby emphasizes that the question before the court on a motion for summary judgment is whether there is ___ to withstand a ___, that is, sufficient evidence to send the case to a jury. | sufficient evidence motion for directed verdict |
| 104. If a party lacks evidence to respond to a motion for summary judgment, that party may seek ___ under Rule 56(f). | additional time |
Created by:
longhorn90
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