Summary judgment standards and procedure — MCQs

Using only the supplied client file and legal resources, prepare an objective memorandum to the supervising attorney analyzing which law the federal court should apply to Apex's limitations defense and damages-cap argument. Address both sides, distinguish substantive rules from procedural mechanisms, and recommend the positions our client should take in opposing the motion. Do not research or cite outside law.

Using only the supplied file and legal resources, prepare a persuasive memorandum supporting an appellate-jurisdiction response for the supervising attorney. Assess whether the court of appeals may presently review each challenged ruling, address the opponent’s strongest arguments, and recommend the most appropriate procedural next step.

Using only the supplied client file and legal resources, prepare an objective memorandum to the supervising attorney assessing whether the federal court should apply State West's security-bond requirement or Federal Rules 8 and 12. Address the plaintiff's argument that the state requirement is substantive, Meridian's argument that the Federal Rules control, the significance of the requirement's placement in the state limitations statute, and the likely disposition of the motion to strike. Recommend whether Meridian should obtain an expert affidavit as a risk-management measure even if the federal court is likely to reject the plaintiff's legal position. Do not analyze the underlying merits of the product defect beyond what is necessary to discuss the procedural dispute.