In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.
Question 1 In federal court, a losing party may simply appeal from the judgment; a motion for a new trial is not necessary.
Question options:
True
False
Question 2 The party who opposes a summary judgment has the burden of showing there is no dispute concerning any material fact.
Question options:
True
False
Question 3 Parties may submit oral testimony from witnesses during a summary judgment hearing.
Question options:
True
False
Question 4 A party may offer live testimony to support or oppose a motion for summary judgment.
Question options:
True
False
Question 5 Which rule under the Federal Rules of Civil Procedure governs summary judgment?
Question options:
Rule 12
Rule 45
Rule 56
Rule 60
Question 6 Posttrial motions may be combined with one another and may be made in the alternative.
Question options:
True
False
Question 7 If the case was tried to a judge without a jury, the moving party may move the court for:
Question options:
amended findings of fact.
amended conclusions of law.
both (a) and (b).
neither (a) nor (b).
Question 8 Affidavits in support of or in opposition to a motion for summary judgment must be made on personal knowledge and show the affiant is competent to testify concerning the facts.
Question options:
True
False
Question 9 A dispute over some facts does not preclude a summary judgment if the disputed facts are not material to the legal issue.
Question options:
True
False
Question 10 Which of the following is ordinarily considered to be a motion, as opposed to a form of legal action?
Question options:
a summary judgment.
a declaratory judgment.
both of the above.
neither of the above.
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