How should I approach Summary Judgment on an exam? Forum

[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!

[rad lulz]

Analyze under both

[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...

[rad lulz]

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.

[Icculus]

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]

Thank you!

[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)

[Watermelon Man]

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