Page 1 of 1

How should I approach Summary Judgment on an exam?

Posted: Sun Dec 02, 2012 8:40 pm
by ltp93
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!

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

Posted: Sun Dec 02, 2012 9:06 pm
by rad lulz
Analyze under both

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

Posted: Sun Dec 02, 2012 9:20 pm
by ltp93
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...

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

Posted: Sun Dec 02, 2012 9:43 pm
by rad lulz
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.

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

Posted: Sun Dec 02, 2012 9:47 pm
by Icculus
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.

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

Posted: Sun Dec 02, 2012 9:48 pm
by ltp93
Thank you!

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

Posted: Wed Dec 05, 2012 3:31 am
by goaheadualright
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)

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

Posted: Wed Dec 05, 2012 1:58 pm
by Watermelon Man
The most popular approach is to discuss whether there are any material issues of fact.