Summary Judgment Analysis

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  1. Summary Judgment Analysis Components
    1. Summary Judgment Standard

    2. Moving Party's initial burden

    3. Non-moving party's burden

    4. Overall Analysis
  2. Summary Judgment Standard
    • SJ should be granted if:
    • - No genuine issue of material fact
    • - AND moving party entitled to judgment as matter of law.

    Essentially: SJ appropriate if based on evidence presented, no reasonable jury could find in favor of the non-moving party.

    Court must view evidence in light most favorable to nonmoving party. (Can't weigh evidence or make credibility determinations)
  3. Moving Party's Initial Burden

    • - Tied to burdens of proof at trial.
    • - In general, party making claim against another bears BoP at trial on that claim.

    • If moving party HAS BoP at trial on claim for which seeking SJ, then moving party can satisfy initial burden only one way:
    • - Present Affirmative Evidence establishing that no reasonable jury could find for the non-moving party.
    • If moving party DOES NOT HAVE BoP at trial on SJ claim, then he can carry his initial burden in 1 of 2 ways:
    • 1. Present affirmative evidence to show NMP can't prove claim
    • 2. OR, point to NMP's lack fo sufficient evidence to prove an essential element of the claim.
  4. Non-Moving Party's Burden
    • If MP carries initial burden, then burden shifts to NMP to present evidence sufficient to create a genuine issue of material fact.
    • - Arguments, briefs, pleadings, conclusory allegations not enough, must present evidence.

Card Set Information

Summary Judgment Analysis
2010-08-06 21:12:15
civpro civ pro summary judgment

Summary Judgment Analysis
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