Summary judgment motion - Next Generation Bar Exam

1. Under Celotex v. Catrett, how may a movant that does not bear the burden of proof at trial carry its initial burden?

   By pointing out the absence of evidence supporting the nonmovant's case. The movant need not produce evidence negating the nonmovant's claim.

2. Under Rule 56(a), when must a court grant summary judgment?

   When there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court must state on the record its reasons for granting or denying the motion.

3. Under Rule 56(d), what may a court do when the nonmovant shows it cannot yet present facts essential to its opposition?

   Defer or deny the motion, allow time for discovery, or issue another appropriate order. The nonmovant must make the showing by affidavit or declaration with specified reasons.

4. Under Anderson v. Liberty Lobby, how does a heightened burden of proof at trial affect summary judgment?

   The court asks whether a reasonable jury could find for the nonmovant under that heightened standard. For example, a public-figure defamation plaintiff must show evidence that could satisfy clear and convincing proof of actual malice.

5. What makes a fact material for purposes of summary judgment?

   It might affect the outcome of the suit under the governing law. Disputes over irrelevant or unnecessary facts do not defeat summary judgment.

6. How must the court view the record on a summary judgment motion?

   In the light most favorable to the nonmoving party, without weighing evidence or judging credibility. All reasonable inferences are drawn in the nonmovant's favor.

7. What makes a dispute genuine for purposes of summary judgment?

   The evidence would allow a reasonable jury to return a verdict for the nonmoving party. A mere scintilla of evidence is not enough.

8. Once the movant carries its burden, what must the nonmoving party do?

   Cite particular materials in the record showing a genuine dispute for trial. The nonmovant may not rest on the allegations or denials in its pleadings.

9. After discovery, a defendant shows there is no evidence of causation. The plaintiff responds only by citing the complaint's allegations. How should the court rule?

   Grant summary judgment for the defendant. The nonmovant must cite record evidence; pleadings alone cannot create a genuine dispute.

10. Absent a local rule or court order, until when may a party move for summary judgment?

    Until 30 days after the close of all discovery. A motion may be filed at any time before that deadline.

11. What requirement applies to materials cited in support of or opposition to summary judgment?

    They must be capable of being presented in a form that would be admissible in evidence. A party may object that cited material cannot be presented in admissible form.

12. Under Scott v. Harris, how should a court treat a nonmovant's account that is blatantly contradicted by an unchallenged video in the record?

    It need not adopt that account in ruling on the motion. No reasonable jury could believe a version of events that the video clearly refutes.

13. On what portion of a case may a court grant summary judgment?

    Any claim or defense, or part of a claim or defense. Partial summary judgment narrows the issues remaining for trial.

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