1. THE PARTY SIMILE Summary Judgment & Trial It’s Party Time! Point of fundraising party Have fun And raise money

2. THE PARTY SIMILE Summary Judgment & Trial It’s Party Time! Point of fundraising party Have fun And raise money Point of a lawsuit Get a decision Damages Declaratory Relief Injunction

3. THE PARTY SIMILE Summary Judgment & Trial Fundraiser/Parties Different ways of having fun Different ways of raising money Lawsuits Different ways of getting decisions

4. THE PARTY SIMILE Summary Judgment & Trial Summary Judgment Judge decides who wins No “in-person” witnesses Is there a factual issue? Not evaluate credibility No trial, no jury

5. THE PARTY SIMILE Summary Judgment & Trial Trial In-person witnesses Opportunity for cross-examination Evaluate credibility Jury decides, if requested

6. SUMMARY JUDGMENT Key points – Lose right to (jury) trial Two aspects “Disputed issues of material fact” Entitled to judgment as matter of law Not time to weigh credibility

7. TRIAL Key point – Jury as trier of fact has discretion Judge will second guess the jury but only a little bit, at least in theory Comfortable with “second guessing” ? Depends on how value juries & judges

8. TAKE-AWAYS Summary judgment & trial Ways to decide story of dispute Why We Prefer SJ or Trial Different decision makers Different processes Efficiency