LAW 110 Chapter Notes - Chapter Summary Judgment Rule Explanation: Summary Judgment
Document Summary
The main question raised by the motion for summary judgment is whether x (plaintiff) has met his burden of production on the issue of ____________________________. In determining whether to grant a motion for summary judgment, you must look at rule. Rule 56 says that sj should be granted if the moving party shows no genuine dispute as to any material fact. Celotex elaborates on rule 56 by saying that at sj the moving party simply has to point to an absence of evidence in the other party"s argument rather than disprove their case (as was the standard under adickes). Since the nonmoving party bears the burden of persuasion at trial, they also bear the burden of production at sj. This means that in order to pass the sj stage, the nonmoving party simply has to present evidence that could lead a rational jury to decide in their favor.
