Bar Exam Uniform Quiz
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CIVIL PROCEDURE
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A man was prosecuted for arson. At the criminal trial, the prosecution was required to prove its case beyond a reasonable doubt. The jury acquitted the man. Subsequently, the owner of the burned building sued the man in a civil action for damages, alleging that the man intentionally set the fire. The man moves for summary judgment, arguing that the issue of whether he set the fire is precluded by his acquittal in the criminal case.
How should the court rule on the man's motion for summary judgment? Select one.
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