Motions in Action

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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

Understanding Motions for Summary Judgment and Dismissal

  1. Motion for Summary Judgment:

A Motion for Summary Judgment asks the court to decide a lawsuit without going to trial. It argues that there are no genuine disputes about any material facts in the case, and based on the undisputed facts, the moving party (the one filing the motion) is entitled to judgment as a matter of law. In essence, it argues that the other party has no case and the judge can rule in their favor without a full trial.

  1. Motion to Dismiss:

A Motion to Dismiss aims to have a lawsuit thrown out of court before it goes to trial. Unlike a summary judgment motion, it doesn’t address the facts of the case. Instead, it argues that the lawsuit itself is legally flawed. There could be several reasons for dismissal, such as:

  • Lack of jurisdiction: The court doesn’t have the authority to hear the case.
  • Improper venue: The lawsuit was filed in the wrong court.
  • Failure to state a claim: The lawsuit doesn’t allege a valid legal cause of action.
  1. Comparison and Contrast:
Feature Motion for Summary Judgment Motion to Dismiss
Timing Can be filed after discovery is complete Can be filed before or after a response to the complaint is filed
Focus No genuine dispute on material facts Legal sufficiency of the lawsuit
Outcome Judge may rule in favor of the moving party without trial Judge may dismiss the lawsuit altogether or allow the plaintiff to amend the complaint

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  1. Observing a Hearing:

Follow these steps to observe a Motion for Summary Judgment or Dismissal hearing on uscourts.gov:

  1. Go to https://www.uscourts.gov/ b. Click on “About Federal Courts” in the top navigation bar. c. Under “Judicial Administration,” click on “Cameras in Courts”. d. In the “Select a Procedural Posture” field, choose “Motion for Summary Judgment” or “Motion to Dismiss” and click “Apply”. e. Select a case of interest and observe for at least 30 minutes.
  2. Analyzing the Hearing:

Once you’ve observed the hearing, note the following:

  1. Case Name: Record the full name of the case, including parties involved. b. Type of Motion: Identify whether it was a Motion for Summary Judgment or a Motion to Dismiss.
    c. Key Arguments: Summarize the main arguments presented by each side. d. Judge’s Role: Briefly describe the judge’s role in facilitating the hearing and their preliminary observations (if any).

 

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