Civil Litigation Discussion 8
Pursuant to Rule 56 this is for state of California
This week you’ve learned quite a bit about various motions, including motions for summary judgment and motions for mistrial. Research two cases from your state: one case should be the court’s ruling on a motion for summary judgment, and the other should be the court’s ruling in a case where a party requested a mistrial. Explain each case in the forum, and for each case include the following:
- The case name
- Facts of the case
- The question presented by the case
- The court’s analysis
- The court’s holding
- How you would have ruled if you were the judge in the case
- What you learned from the case
Cases are not always clear-cut. Therefore, in your reply to your classmates this week, you should provide an alternative argument to the stance your classmate took in one of their cases presented. If your classmate agrees with the ruling, you should point out reasons that the case could have been ruled differently. If your classmate opposes the court’s ruling, you should advance arguments why the court “got it right.”
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