Read/review both sections of Summary Judgment prior to class on Monday, March 20. Review your notes on how burdens link with the mechanisms of FRCP and 56 and what must be done depending on who is the moving party.
For class on the 20th, consider:
What does the evidence look like on summary judgment and consider how it can be used at summary trial or trial in both Adickes and Celotex. How much evidence is necessary to create a genuine dispute? How does the legal standard play into this (consider Sitzes and Justice Ginsburg's concurring opinion in Scott)? Break down the facts and evidence in Sitzes.
How did the standard the court adopted (subjective intent to harm)
affect the summary judgment analysis? If intent is the material fact,
what were the key basic facts? What did the evidence in the record show
and how did it go (or not) to subjective intent? Then look at Young
and see how employment discrimination claims, which include
burden-shifting, work on summary judgment. Look at the Seventh Amendment
to the Constitution and consider how that might interest with summary
judgment--is S/J constitutional?
The Preliminary Exam will be posted on Monday, March 20 and due at the beginning of class on Monday, March 27. It will be five (5) short-answer questions, worthfour points each.