Summary Judgment in Litigation: When Is a Judgment Rendered as a Matter of Law?, Slides of Civil procedure

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terminating litigation before trial

Rule 56. Summary Judgment

(c)(2) The judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.

summary judgment for plaintiff concerning a cause of action

no reasonable jury could find for the defendant with respect to each element of the cause of action

• P is suing D for age discrimination
• P alleges in his complaint that D promoted X rather than P D did so because X was younger than P, not because X had performed better on the job than P
• D makes a motion for summary judgment
• In opposition to motion, P introduces an affidavit by P stating that D said to P at a meeting that D “did not want to promote old people”
• D introduces 10 affidavits from the other 10 people at that meeting stating that D said no such thing
• If P’s affidavit is the only evidence that he has that D’s motive for not promoting P was age, should D win on his summary judgment motion? (^5)

• X must take a certain pill once a day to remain alive. The pill is highly toxic. To take two within 24 hours is fatal.
• X is found dead in his bedroom and the evidence is clear that he took two pills that day.
• The uncontradicted evidence shows that several hours before his death, X made out a new will, substantially different from the one previously in force. It also shows that at about the same time, X made plans to accompany several friends on a fishing trip on the following day.
• X’s family sues Insurance Co. for insurance proceeds on the ground that X’s death was an accident
• Insurance Co. moves for summary judgment

trial

jury selection

presentation of evidence

jury verdict

judgment n.o.v. (judgment as a matter of law) R. 50

Rule 69. Execution (a) In General. (1) Money Judgment; Applicable Procedure. A money judgment is enforced by a writ of execution, unless the court directs otherwise. The procedure on execution — and in proceedings supplementary to and in aid of judgment or execution — must accord with the procedure of the state where the court is located, but a federal statute governs to the extent it applies.

preclusive effect (res judicata)

there must be:

a final judgment

• P sues D concerning personal injuries in connection with a car accident
• P loses, appeals
• While actions is on appeal, P sues D concerning property damage in connection with accident