Wednesday audio--Section A, Section B. Prelim due at beginning of class tomorrow. Essay # 6 will post at 12:30 Friday.
We continue Summary Judgment; Make sure to read pp. 57-59 in Nunes v. Lizza; it offers nice synthesis of the summary judgment standard, incorporating the pieces we have discussed and will discuss tomorrow.
• If you have not done so, watch the Scott v. Harris video. Was the majority correct that the video is capable of one reasonable understanding? And how does that affect summary judgment? Why did Justice Stevens believe summary judgment was improper?
• When the burden of production shifts to Party II, what can Party II with that shifted burden?
• What are the procedures under the FRCP through which parties analyze burden of production, at trial and prior to trial? What is the connection between those procedures and their standards?
• What did the court require of the movant in Adickes? What about in Celotex? Can you reconcile those approaches? How does current 56(c)(1) reconcile them? What was the problem with the affidavits in Adickes?
• What would have happened had Adickes gone to trial? How should that affect summary judgment?
• How might Adickes have proceeded if the defendants followed the approach in Celotex?
• How much evidence must the party offer to create a genuine dispute? How much uncertainty about the fact must there be?
• What form will the evidence take when presented to support and oppose a motion? What evidence did Mrs. Catrett offer and what were the problems with it?
