THE PARTY SIMILE Summary Judgment

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THE PARTY SIMILE Summary Judgment Trial

• Its Party Time!
• Point of fundraising party
• Have fun
• And raise money

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THE PARTY SIMILE Summary Judgment Trial

• Its Party Time!
• Point of fundraising party
• Have fun
• And raise money
• Point of a lawsuit
• Get a decision
• Damages
• Declaratory Relief
• Injunction

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THE PARTY SIMILE Summary Judgment Trial

• Fundraiser/Parties
• Different ways of having fun
• Different ways of raising money
• Lawsuits
• Different ways of getting decisions

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THE PARTY SIMILE Summary Judgment Trial

• Summary Judgment
• Judge decides who wins
• No in-person witnesses
• Is there a factual issue?
• Not evaluate credibility
• No trial, no jury

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THE PARTY SIMILE Summary Judgment Trial

• Trial
• In-person witnesses
• Opportunity for cross-examination
• Evaluate credibility
• Jury decides, if requested

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SUMMARY JUDGMENT

• Key points
• Lose right to (jury) trial
• Two aspects
• Disputed issues of material fact
• Entitled to judgment as matter of law
• Not time to weigh credibility

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TRIAL

• Key point
• Jury as trier of fact has discretion
• Judge will second guess the jury
• but only a little bit, at least in theory
• Comfortable with second guessing ?
• Depends on how value juries judges

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TAKE-AWAYS

• Summary judgment trial
• Ways to decide story of dispute
• Why We Prefer SJ or Trial
• Different decision makers
• Different processes
• Efficiency