Crucial Exams

Multistate Bar Examination Practice Question

In a personal injury lawsuit, the plaintiff alleges that the defendant's negligence caused a car accident resulting in injuries. The defendant files a motion for summary judgment, arguing that the plaintiff has failed to present sufficient evidence of actual damages. What must the court determine to decide whether to grant the defendant's motion?

  • Whether the plaintiff has proven the elements of the negligence claim by a preponderance of the evidence.

  • Whether there are genuine disputes of material fact and whether the defendant is entitled to judgment as a matter of law.

  • Whether the defendant has established a defense raising affirmative defenses.

  • Whether the defendant's actions were justified under the circumstances.

Multistate Bar Examination
Civil Procedure
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