Exam (elaborations)
GOVT 407 Essay 2-GOVT407/Essay 2-GOVT407.
- Course
- Institution
GOVT 407 Essay 2-GOVT407/Essay 2-GOVT407.
[Show more]
Seller
Follow
Ethanhope
Reviews received
Content preview
Essay 2-GOVT407.Summary Judgment: Semmler v. Discovery Software Co.
Carl Adams
GOVT 407 – D01 Undergraduate Civil Procedure
December 5, 2018
This study source was downloaded by 100000850299972 from CourseHero.com on 08-23-2022 08:57:56 GMT -05:00
https://www.coursehero.com/file/126597230/Essay-2-GOVT407docx/
, I
Summary judgment is appropriate if there is no genuine dispute as to any material fact for
a jury to resolve. It is often said that if the evidence is so one-sided that a judge would be
required to enter judgment as a matter of law at trial, then no genuine factual issue exists,
and summary judgment is appropriate. See JOSEPH GLANNON, CIV. PROC.: EX. AND EXP’S. 514
(Wolters Kluwer L. & Bus. et al. eds., 7th ed. 2013)) Although some scholars argue that summary
judgment is unconstitutional, (see Suja Thomas, Why Summary Judgment is Unconst., 93
Virginia L.R. 139, 140 (2007)) summary judgment is a significant reason for the dramatic
decline in the number of jury trial is civil cases in federal court; it is used to “clear the docket of
meritless cases. Id. at 139. This essay will identify the background of summary judgment and
whether a judge can grant summary judgment if a party can prove that there is no genuine
dispute as to any material fact.
Background
Under Rule 56(a), any party may move for summary judgment, but the court will only
grant summary judgment if the movant shows that there is no genuine dispute as to any material
fact and the movant is entitled to judgment as a matter of law. See FED. R. CIV. P. 56(a). In
considering summary judgment, the court must give the benefit of the doubt to the party who
asserts they can prove a dubious proposition at trial. See Kim v. Coppin State College, 662 F.2d
1055, 1059 (1981). However, summary judgement comes with a consequence. Specifically,
summary judgment motion is made before trial and determined solely on the basis of
documentary evidence such as depositions, interrogatories, business records, and affidavits. See
GLANNON, supra at 514.
Many courts are reluctant to grant summary judgment as opposed to judgement as a
matter of law under Rule 50(a). Id. Under Rule 50(a), if a party has been fully heard on an issue
This study source was downloaded by 100000850299972 from CourseHero.com on 08-23-2022 08:57:56 GMT -05:00
https://www.coursehero.com/file/126597230/Essay-2-GOVT407docx/
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Ethanhope. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.49. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
75632 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now