Sample Sentences for Summary Judgment Briefs — PLUS: a rare video appearance

Dear 1L,

I’m not too good at this making-movies-of-myself thing, but I got up a little courage yesterday and made this for you.

🔹 Tips for the Brief

Often I would understand an analysis in my head, but I couldn’t get it down into words on the page. The tips I share in the video helped me, and I thought they might help you, too.

🔹 Sample Summary Judgment Sentences-

You will likely feel yourself saying the same thing over and over again in this brief. Here are a few variations to try. (These would be for the “Conclusion” part of CREAC.)

For P’s MSJ (on P’s claim):

— “The undisputed facts establish P’s claim as a matter of law.”

— “On this record, no reasonable jury could find in D’s favor.”

For D’s opposition to P’s MSJ:

— “P has failed to set forth sufficient evidence to prove her claim as a matter of law.”

— “There are disputes on several material facts that a jury must resolve, making summary judgment inappropriate.”

For D’s MSJ (on P’s claim):

— “P has failed to adduce sufficient evidence on which a reasonable jury could find in her favor at trial.”

— “No material fact disputes exist, such that D is entitled to judgment as a matter of law.”

For P’s opposition to D’s MSJ:

— “There are too many material factual disputes for judgment to be entered as a matter of law.”

— “P has offered sufficient evidence on which a reasonable jury could find in her favor at trial.”

I hope these will help you.

***
I’m thinking of you and sending energy for the study day ahead—

💌 Amanda

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