Multistate Bar Examination Practice Question

In a civil lawsuit, the defendant files a motion for summary judgment, asserting there are no genuine disputes of material fact and that they are entitled to judgment as a matter of law. What must the court do to properly evaluate this motion?

  • Accept the defendant's version of undisputed facts and grant summary judgment if the defendant meets their burden of proof.

  • Defer to the jury's ability to assess the credibility of the evidence presented by both parties.

  • Focus solely on the legal arguments without considering the underlying factual evidence.

  • View the evidence in the light most favorable to the non-moving party and determine if any material facts are in dispute.

Multistate Bar Examination
Civil Procedure
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