essay structures

Question 1

Rule 56 motion for summary judgment

Answer 1

1. state standard: moving party must show that there is no genuine issue of material fact and they are entitled to judgment as a matter of law; provide affidavit requirements
2. provide that the non-moving party must show that there is a genuine issue as to material fact (can cite evidence from the record to support assertion
3. state that the court cannot assess credibility of witnesses or weigh evidence (only fact finder can do this)
4. state that court looks at evidence in light most favorable to non-moving party