Chapter 10 Summary Judgment Quiz

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Question #1

A motion for summary judgment can be granted if there exists no genuine dispute of a material fact”. This means:

A The parties came to an agreement, and there is no need for a trial.

B That after the record is reviewed, the judge feels that there is no significant issue left to be settled in the case and the judge can rule using the law.

C After all documents and records are reviewed by the judge, he or she can tell that one side should prevail and there is no need to impanel a jury.

D All disputes can be settled out of court.

Question #2

After being fired, a woman sued her former employer in federal court, alleging that her supervisor had discriminated against her on the basis of her sex. The woman’s complaint included a lengthy description of what the supervisor had said and done over the years, quoting his telephone calls andemails to her and her own emails to the supervisor’s manager asking for help. The employer moved for summary judgment, alleging that the woman was a pathological liar who had filed the action and included fictitious documents in revenge for having been fired. Because the woman’s attorney was at a lengthy out-of-state trial when the summary-judgment motion was filed, he failed to respond to it. The court therefore granted the motion in a one-line order and entered final judgment. The woman has appealed. Is the appellate court likely to uphold the trial court’s ruling?

A Yes, because the woman’s failure to respond to the summary-judgment motion was a default giving sufficient basis to grant the motion.

B No, because the employer moved for summary judgment on the basis that the woman was not credible, creating a factual dispute.

C Yes, because the woman’s failure to respond to the summary-judgment motion means that there was no sworn affidavit to support her allegations and supporting documents.

D No, because the complaint’s allegations were detailed and specific.

Question #3

A motion for summary judgment is a judgment rendered by the court clerk before trial.

A TRUE

B FALSE

Question #4

Motions for summary judgment dispose of the need for trial on issues, or perhaps the entire case

A FALSE

B TRUE

Question #5

Summary adjudication is granted on individual causes of action when a motion for summary judgment is not appropriate for the entire case.

A FALSE

B TRUE

Question #6

In a motion for summary judgment a failure to file opposition papers may indicate agreement with the moving papers.

A FALSE

B TRUE

Question #7

The rules with respect to service of a summary judgment motion have changed. Motions for summary judgment must be served at least 75 days before the hearing, increased to 80 days if mailed to a party in California.

A FALSE

B TRUE

Question #8

A motion for summary adjudication of issues is appropriate only if all causes of action can be disposed of by the motion.

A FALSE

B TRUE

Question #9

A motion for summary judgment may be made when there are no genuine disputes over any material facts.

A TRUE

B FALSE

Question #10

In a motion for summary judgment it would be a material fact if the plaintiff and defendant dispute the color of pen used to sign the contract.

A FALSE

B TRUE

Question #11

A plaintiff may move for summary judgment 60 days after the defendant has appeared in the action.

A TRUE

B FALSE

Question #12

Any reply to the opposition of a motion for summary judgment filed by the moving party must be filed and served at least 5 days before the hearing.

A FALSE

B TRUE

Question #13

Granting a summary judgment motion decides the entire case and judgment is entered.

A TRUE

B FALSE

Question #14

A summary judgment is designed to be an efficient method of deciding a case when there are no disputes as to any material facts.

A TRUE

B FALSE

Question #15

A motion for summary judgment must be accompanied by a separate statement of undisputed facts.

A TRUE

B FALSE

Question #16

The opposing party to a motion for summary judgment must file and serve the opposition papers at least 14 days in advance.

A FALSE

B TRUE

Question #17

In matters involving motions for summary judgment, there is no need to file opposing memorandums because the facts establish the merit of moving papers.

A TRUE

B FALSE

Question #18

In summary judgment matters, a material fact is something that must be proven in court one way or the other in order to prevail in the lawsuit.

A FALSE

B TRUE

Question #19

In summary judgment proceedings the reason the time is longer is because summary
judgment motions, and motions for summary adjudication, generally require much more
work in demonstrating that there are no genuine disputes over material facts.

A FALSE

B TRUE

Question #20

P sues D on a promissory note. P’s claim state that the note was validly executed by D. D’s answer generally denies that D signed the note. P moves for a summary judgment, and submits an affidavit by X stating that X saw D sign the note.

A D may state that P won’t be able to come up with any admissible evidence at trial that D really signed.

B D may state that the signature was obtained by duress.

C D must point to something in the record that establishes a genuine dispute about whether he signed (e.g. an affidavit or deposition testimony, if if ony his own-asserting a forgery)

D All of the above

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Chapter 10 Summary Judgment Quiz

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