Multistate Bar Examination Practice Question

Jane sues Bob for breach of contract in federal court. Bob believes that even if all of Jane's factual allegations are true, he has a legal defense that would absolve him of liability. He files a motion for summary judgment under Rule 56. Which of the following, if present, would BEST support Jane's opposition to Bob's motion?

  • Jane admits that Bob has a valid legal defense but contends that it does not apply to her case.

  • Jane has filed a cross-claim against Bob for related damages.

  • Jane has evidence showing that Bob did not perform his contractual obligations.

  • Bob has not responded to Jane's discovery requests.

Multistate Bar Examination
Civil Procedure
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