Thursday, December 11, 2014

The February 2015 Bar Exam: Federal Civil Procedure Questions Analysis

Sign up for our Small Group One Day Workshop/Seminar for Federal Civil Procedure in Miami and in Naples, Florida at www.barprofessors.com.

Bar Professors has discussed Federal Civil Procedure with many students and we have decided to do something new. We are going to post some Federal Civil Procedure questions here, a few times a week, on this blog. Once you have digested the question, please go to our facebook page, https://www.facebook.com/BarProfessors, and find the answer explanation. Here is the next question:

Plaintiff has filed a lawsuit against Defendant for negligence. After discovery, Defendant moves for summary judgment against Plaintiff, arguing that the facts discovered do not support negligence. In considering the summary judgment record, what standard should the court adopt in evaluating the materials offered?

A. The court should draw all reasonable inferences in favor of the party moving for summary judgment.
B. The court should draw all reasonable inferences in favor of the non-movant.
C. The court should weigh the evidence and decide whether there is a genuine issue of material fact.
D. The court should deny summary judgment if there is any doubt as to the facts.

Go to our facebook page for the answer, https://www.facebook.com/BarProfessors.

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