How should I approach Summary Judgment on an exam?

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
ltp93
Posts: 19
Joined: Fri Aug 31, 2012 11:59 pm

How should I approach Summary Judgment on an exam?

Postby ltp93 » Sun Dec 02, 2012 8:40 pm

We learned two controlling cases: Celotex and Adickes.

They both deal with summary judgment, but say different things.

How should I reconcile them on an exam as a response to a fact pattern?

Also, does anyone have a step-by-step process they go through when analyzing summary judgment?

Thank you in advance!

rad lulz
Posts: 9844
Joined: Sun Feb 19, 2012 10:53 pm

Re: How should I approach Summary Judgment on an exam?

Postby rad lulz » Sun Dec 02, 2012 9:06 pm

Analyze under both

ltp93
Posts: 19
Joined: Fri Aug 31, 2012 11:59 pm

Re: How should I approach Summary Judgment on an exam?

Postby ltp93 » Sun Dec 02, 2012 9:20 pm

So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...

rad lulz
Posts: 9844
Joined: Sun Feb 19, 2012 10:53 pm

Re: How should I approach Summary Judgment on an exam?

Postby rad lulz » Sun Dec 02, 2012 9:43 pm

ltp93 wrote:So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...


Argue P and D under both Adickes and Celotex.

User avatar
Icculus
Posts: 1421
Joined: Tue Mar 02, 2010 12:02 am

Re: How should I approach Summary Judgment on an exam?

Postby Icculus » Sun Dec 02, 2012 9:47 pm

rad lulz wrote:
ltp93 wrote:So lets say I decide that the motion should be granted.

I should be like, under the Adickes approach...

And also under the Celotex approach...


Argue P and D under both Adickes and Celotex.


After you argue P & D say which one is likely to succeed.

ltp93
Posts: 19
Joined: Fri Aug 31, 2012 11:59 pm

Re: How should I approach Summary Judgment on an exam?

Postby ltp93 » Sun Dec 02, 2012 9:48 pm

Thank you!

goaheadualright
Posts: 65
Joined: Fri Aug 03, 2012 12:41 am

Re: How should I approach Summary Judgment on an exam?

Postby goaheadualright » Wed Dec 05, 2012 3:31 am

Did you do Anderson Libby Lobby or Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp.? Those are also popular for doing a summary judgement analysis

If you're looking for a step-by-step process you should buy the book Acing Civil Procedure (it's tiny)...basically just checklists of what to go through when analyzing for what (including summary judgement)

Watermelon Man
Posts: 30
Joined: Tue Sep 04, 2012 9:55 pm

Re: How should I approach Summary Judgment on an exam?

Postby Watermelon Man » Wed Dec 05, 2012 1:58 pm

The most popular approach is to discuss whether there are any material issues of fact.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: No registered users and 8 guests