Multistate Bar Examination Practice Question

Rule 56 requires the court to grant summary judgment only when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. If Jane can point to specific admissible materials-such as emails, deposition testimony, or business records-showing that Bob failed to perform a duty imposed by the contract, she creates a genuine dispute over a fact (Bob's performance) that is material to liability for breach. Because a reasonable jury could credit that evidence and find for Jane, summary judgment would be inappropriate.

By contrast, merely conceding Bob's performance but arguing unconscionability raises a purely legal issue that, standing alone, does not contradict the factual basis of Bob's motion. A pending Rule 56(d) request based on unanswered discovery may justify deferring a ruling, but it does not itself establish a material factual dispute. Filing a separate cross-claim is procedurally unrelated to whether summary judgment should be granted on the breach-of-contract claim.