Multistate Bar Examination Practice Question

In a civil lawsuit, the defendant files a motion for summary judgment, asserting that there are no genuine disputes of material fact and that the defendant is entitled to judgment as a matter of law. The plaintiff believes that factual issues remain that warrant a trial. What must the plaintiff demonstrate to successfully oppose the defendant's motion for summary judgment?

  • The plaintiff must show that there is at least one genuine dispute of material fact requiring a trial.

  • The plaintiff must demonstrate that the defendant has violated federal statutes relevant to the case.

  • The plaintiff must prove by clear and convincing evidence that the defendant acted negligently.

  • The plaintiff must file an additional motion to extend the discovery period before opposing the summary judgment.

Multistate Bar Examination
Civil Procedure
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