THE PARTY SIMILE Summary Judgment & Trial

THE PARTY SIMILE Summary Judgment & Trial • It’s Party Time! • Point of fundraising party • Have fun • And raise money

THE PARTY SIMILE Summary Judgment & Trial • It’s Party Time! • Point of fundraising party • Have fun • And raise money • Point of a lawsuit • Get a decision • Damages • Declaratory Relief • Injunction

THE PARTY SIMILE Summary Judgment & Trial • Fundraiser/Parties • Different ways of having fun • Different ways of raising money • Lawsuits • Different ways of getting decisions

THE PARTY SIMILE Summary Judgment & Trial • Summary Judgment • Judge decides who wins • No “in-person” witnesses • Is there a factual issue? • Not evaluate credibility • No trial, no jury

THE PARTY SIMILE Summary Judgment & Trial • Trial • In-person witnesses • Opportunity for cross-examination • Evaluate credibility • Jury decides, if requested

SUMMARY JUDGMENT • Key points – • Lose right to (jury) trial • Two aspects • “Disputed issues of material fact” • Entitled to judgment as matter of law • Not time to weigh credibility

TRIAL • Key point – • Jury as trier of fact has discretion • Judge will second guess the jury • but only a little bit, at least in theory • Comfortable with “second guessing” ? • Depends on how value juries & judges

TAKE-AWAYS • Summary judgment & trial • Ways to decide story of dispute • Why We Prefer SJ or Trial • Different decision makers • Different processes • Efficiency

THE PARTY SIMILE Summary Judgment & Trial