Multistate Bar Examination Practice Question

A company files a breach of contract lawsuit against a supplier, claiming the supplier failed to deliver goods as agreed. The supplier moves for summary judgment, submitting affidavits and business records substantiating that the goods were delivered. The company opposes the motion but submits no evidence or affidavits disputing the supplier’s evidence, instead arguing that the supplier’s evidence lacks credibility. How should the court rule on the motion for summary judgment?

  • Deny summary judgment because the company’s argument challenges the reliability of the supplier’s evidence.

  • Grant summary judgment because the supplier’s submission is treated as adequate in the absence of opposing evidence.

  • Deny summary judgment because the credibility of the supplier’s evidence can only be evaluated at trial.

  • Grant summary judgment because the company did not provide evidence to dispute the supplier’s submission.

Multistate Bar Examination
Civil Procedure
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