CoboCards App FAQ & Wishes Feedback
Language: English Language
Sign up for free  Login

This flashcard is just one of a free flashcard set. See all flashcards!

All main topics / Law / Civil Law / Civil Procedure 1L
Louis on SJ, easier to get SJ than Adickes
Movant who does not have at trial burden of proof should have a reduced burden for SJ.  Must support motion w/ some evidence to at least  show nonexistence of essential element of opposing party’s case (initial burden) [if fails to discharge burden, motion fails…if succeeds, burden should shift to opposing party to respond].  Can obtain preview of opponent’s evidence on an essential element and contend that evidence is insufficient to discharge opponent’s production burden (good when direct proof lacking, but is burdensome and costly).  Can preview own proof in attempt to show nonexistence of essential element asserted by opposing party
Tags: Summary Judgment
New comment
Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




Forgot password?
Deutsch  English