Judicial Process

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Motions in Action

1. Explain what a Motion for Summary Judgment is.

2. Explain what a Motion to Dismiss is.

3. Compare and contrast the two motions.

4. Observe a Motion for Summary Judgment or a Motion to Dismiss in a federal court.

a. Go to uscourts.gov;

b. Locate “About Federal Courts” in the top navigation banner of the website and click on it;

c. Under “Judicial Administration,” locate “Cameras in Courts” and click on it;

d. In the “Select a Procedural Posture” field, use the drop-down to select “Motion for Summary Judgment” or select “Motion to Dismiss” and click “Apply.”

e. Choose a case from the list that is of interest to you and observe a minimum of 30 minutes of the proceeding.

5. Analyze what you observed in the hearing.

a. Include the name of the case; and,

b. Whether it was a Motion for Summary Judgment or a Motion to Dismiss hearing

Sample Solution

Motions in Action

Here’s a breakdown of Motions for Summary Judgment and Motions to Dismiss, along with instructions for observing them in a federal court hearing:

1. Motion for Summary Judgment:

A Motion for Summary Judgment asks the court to rule in favor of the filing party (moving party) without going to trial. It argues that there are no genuine disputes about material facts in the case, and the moving party is entitled to win as a matter of law based on the evidence presented.

2. Motion to Dismiss:

A Motion to Dismiss challenges the legal sufficiency of the opposing party’s complaint. It argues that even if all the allegations in the complaint are true, they don’t establish a valid legal claim. This motion is typically filed early in the case, before discovery (exchanging information) begins.

3. Comparing and Contrasting the Motions:

  • Timing: Motion to Dismiss is filed earlier, Motion for Summary Judgment comes later after some discovery has taken place.
  • Basis: Motion to Dismiss challenges the legal validity of the claim, Motion for Summary Judgment argues there’s no factual dispute requiring a trial.
  • Evidence Considered: Motion to Dismiss considers only the complaint and matters of public record, Motion for Summary Judgment considers the complaint, answer, affidavits (sworn statements), and other evidence.

4. Observing a Motion in a Federal Court:

Here’s how you can observe a Motion for Summary Judgment or a Motion to Dismiss hearing in a federal court:

  • Go to uscourts.gov: This is the website of the United States Courts.
  • Locate “About Federal Courts”: Look at the top navigation bar of the website.
  • Click on “About Federal Courts”: This will take you to a page with information about the federal court system.
  • Judicial Administration -> Cameras in Courts: Under “Judicial Administration,” find and click on “Cameras in Courts.”
  • Select Procedural Posture: In the “Select a Procedural Posture” dropdown menu, choose “Motion for Summary Judgment” or “Motion to Dismiss.”
  • Apply: Click the “Apply” button.
  • Choose a Case: You’ll see a list of cases with the selected motion type. Pick a case that interests you.
  • Observe: Watch at least 30 minutes of the hearing.

5. Analyzing Your Observation:

Once you’ve observed the hearing, analyze what you saw by noting:

  • Case Name: Record the name of the case you observed.
  • Motion Type: Indicate whether it was a Motion for Summary Judgment or a Motion to Dismiss hearing.

By following these steps, you can gain valuable insights into how these motions are argued and presented in a real-world courtroom setting. Remember, these are just observations, and the specific arguments and procedures may vary depending on the case and the judge.

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