A court-ordered summary judgment

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bnghle234
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Joined: Tue Apr 10, 2012 7:21 pm

A court-ordered summary judgment

Postby bnghle234 » Sun Nov 24, 2013 7:08 pm

How do you go about analyzing whether a court-ordered summary judgment was proper (i.e. none the parties motioned for it, the judge did it on his own)? In class we learned vie Adickes and Celotex that the moving party has the burden to prove no genuine issue of material fact. If that's satisfied, then the the non-moving party has the burden. So in the case that the judge decides on his own to grant summary judgment, is the judge the moving party?

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stillwater
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Re: A court-ordered summary judgment

Postby stillwater » Sun Nov 24, 2013 7:10 pm

bnghle234 wrote:How do you go about analyzing whether a court-ordered summary judgment was proper (i.e. none the parties motioned for it, the judge did it on his own)? In class we learned vie Adickes and Celotex that the moving party has the burden to prove no genuine issue of material fact. If that's satisfied, then the the non-moving party has the burden. So in the case that the judge decides on his own to grant summary judgment, is the judge the moving party?


no, because the jduge doesn't need to justify shit (except to avoid being overturned). im sure its simply a review of the totality of the evidence. this seems like an unlikely situation though.

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sublime
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Re: A court-ordered summary judgment

Postby sublime » Sun Nov 24, 2013 7:20 pm

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