Wednesday audio--Section A, Section B. Essay # 4 posted at noon; due next Wednesday.
We continue with Standards and Procedures (which is the same reading as Carrying the Burden of Production). Be sure to review FRCP 50.
• What is the burden of production?
• How do FRCP 50 and 56 relate to one another, according to Celotex?
• What was wrong with the affidavits in Adickes? How could they have been corrected?
• Can you reconcile Adickes and Celotex in terms of what the movant must do to support a summary judgment motion? What would have happened, on the evidence the plaintiff had, if Adickes had gone to trial? What does Justice White's concurrence in Celotex add to this?
• Imagine the plaintiff in Adickes opposing summary judgment via the Celotex method. What could the defendant ask for in discovery, how could plaintiff respond, and how could summary judgment proceed?
• What makes a dispute genuine? How genuine must it be? How much uncertainty can there be about a fact to be in dispute?
• What form must the evidence be on summary judgment? What evidence did Mrs. Catrett have in Celotex?
Something else to consider: What is the argument that Scott was wrongly decided because the Court's approach to video was wrong?
