A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline. The plaintiff's response does not address the notice deadline at all and cites no contrary evidence. Wh...
Citations: Fed. R. Civ. P. 56(e)
A defendant filed a properly supported summary-judgment motion with deposition excerpts and business records. The plaintiff's opposition states that the complaint already alleges the defendant acted wrongfully and that a...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e)
A defendant in federal court wants to file a summary-judgment motion after fact discovery closes. No local rule or scheduling order sets a different deadline. Which statement best describes Rule 56's default timing rule?...
Citations: Fed. R. Civ. P. 56(b), Fed. R. Civ. P. 56(d)
A defendant moved for summary judgment one month after answering. The plaintiff filed a declaration explaining that the defendant alone has maintenance logs and inspection videos that are needed to oppose the motion and...
Citations: Fed. R. Civ. P. 56(d)
A plaintiff moved for summary judgment on one contract claim. While reviewing the papers, the judge concluded that the defendant might be entitled to judgment on a different claim that no party briefed. The judge wants t...
Citations: Fed. R. Civ. P. 56(f)
...covery period, a defendant in a federal toxic-exposure case moved for summary judgment. The defendant cited the plaintiff's discovery responses showing no expert witness, no medical causation opinion, and no other admiss...
Citations: Fed. R. Civ. P. 56(c), Celotex Corp. v. Catrett
...scovery in a federal breach-of-contract action, both parties move for summary judgment. The record contains signed contracts, emails, deposition excerpts, and competing declarations about whether delivery was accepted. W...
Citations: Fed. R. Civ. P. 56(a)
In opposing summary judgment, a plaintiff submits a signed declaration from a coworker. The declaration says, "I heard from others that the supervisor probably fired plaintiff for reporting safety issues, and in my opini...
Citations: Fed. R. Civ. P. 56(c)
In opposing summary judgment, a plaintiff submits deposition testimony from one witness supporting the plaintiff's version of a key event. The defendant submits deposition testimony from two witnesses contradicting that...
Citations: Fed. R. Civ. P. 56(a), Anderson v. Liberty Lobby, Inc.
In a federal action with three claims, the district court granted summary judgment to the defendant on one claim but left two claims for trial. The court did not certify a partial final judgment. The plaintiff filed a no...
Citations: 28 U.S.C. 1291
A brief opposes a store's motion for summary judgment in a slip-and-fall case. The record includes inspection logs, a manager's email about a recurring freezer leak, and a photograph of water near the freezer. Which open...
Citations: NCBE MPT preparation materials
...e has 90 minutes for an MPT that asks for a persuasive brief opposing summary judgment. The File has a task memo, complaint, deposition excerpts, and six emails. The Library has a rule of civil procedure and three cases...
Citations: NCBE MPT preparation materials, NCBE MPT test-day instructions
An examinee is assigned a persuasive brief opposing summary judgment. The task memo asks for the argument section only. The Library states that summary judgment must be denied when the record permits a reasonable factfin...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...sks you to draft a persuasive brief opposing a defendant's motion for summary judgment in a slip-and-fall case. The File includes deposition excerpts, store inspection logs, a manager's email, a photograph of a leaking f...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...ing the File, an examinee sees several dates, party titles, a pending summary-judgment motion, and statements from different sources. Which statement best describes how those details should be used? The correct answer id...
Citations: NCBE MPT preparation materials
...federal court for terminating a supply contract. The chain moved for summary judgment, relying on the contract, delivery logs, and a declaration from its purchasing manager stating from personal knowledge that the baker...
Citations: Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Fed. R. Civ. P. 56(h)
...ung injury. After a full discovery period, the manufacturer moved for summary judgment. The manufacturer did not offer its own medical expert. Instead, it cited the worker's interrogatory answers, expert disclosures, and...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Fed. R. Civ. P. 56(e), Celotex Corp. v. Catrett
...a supervisor steered contracts to a relative. The employer moved for summary judgment, citing the manager's poor quarterly review, a spreadsheet showing missed purchasing targets, and deposition testimony that the final...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(c), Anderson v. Liberty Lobby, Inc., Matsushita Elec. Indus. Co. v. Zenith Radio Corp.
...ugh a door that should have triggered an alarm. The company moved for summary judgment six weeks after answering, before any depositions and before producing service logs. The company submitted an affidavit from its oper...
Citations: Fed. R. Civ. P. 56(d), Fed. R. Civ. P. 56(a)
...f a licensing agreement and trade-secret misuse. The vendor moved for summary judgment only on the hospital's liability for unpaid license fees. The hospital's opposition admitted that it signed the agreement and had not...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(f), Fed. R. Civ. P. 56(g)
...ether the plaintiff waived later performance. The plaintiff moves for summary judgment on liability only. Which statement is most accurate? The correct answer captures Rule 56's ability to narrow a case without necessari...
Citations: Fed. R. Civ. P. 56(a), Fed. R. Civ. P. 56(g)
...ct, and indemnity against both defendants. The district court granted summary judgment for the architect on the negligence claim but left the contract and indemnity claims pending. The court's order stated only, "Plainti...
Citations: 28 U.S.C. 1291, Fed. R. Civ. P. 54(b), Fed. R. App. P. 3, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(4)
...ute of limitations, or waiver. Six months later, the defendant sought summary judgment based on a release signed before suit. Which statement best describes the pleading rule? Affirmative defenses are matters of avoidanc...
Citations: Fed. R. Civ. P. 8(c), Fed. R. Civ. P. 15
...nts over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the collateral-order doctrine, arguing that both rulings are important and will shape trial s...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
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