Business Law
Discuss the concept of summary judgment.
Resources
Summary Judgment
Introduction and Alignment
Pretrial motions are important because they may allow litigants to dispose of part or all of a lawsuit before trial. When there are no material facts in dispute, a litigant may file a motion for a summary judgment, requesting that the judge make a ruling on the case. After the judge has examined the issues, the case may be dismissed in whole or in part. However, if the judge finds that factual disputes are present, the motion for summary judgment will be denied, and the case will proceed to trial.
Upon completion of this assignment, you should be able to:
Discuss the concept of summary judgment.
Resources
Textbook: Business Law
Case Summary: Marri v. New York City Transit Authority
Background Information
Consider the following example scenario involving a pretrial motion for a summary judgment.
Samantha’s Shake Shack
Samantha is the owner of a milkshake business located in a mall. She wanted to tap into the smoothie craze, so she entered a financing agreement to purchase a smoothie machine from Smoothie Makerz, Inc. The company had her sign a purchase contract for the machine. The contract contained a payment schedule for Samantha to pay the company with interest for the machine.
She operated the machine on a cart in the middle of the mall. The machine operated as expected, and smoothie sales were strong during the summer months. The only thing Samantha did not like about the machine was the upkeep. Its maintenance required disassembly and cleaning every two weeks. Because she was not motivated to do the necessary cleaning, Samantha decided to close down the smoothie machine at the end of the summer. She then stopped making monthly payments on the machine because she no longer had the funds available.
Smoothie Makerz then filed a complaint initiating a lawsuit against Samantha for non-payment. During her deposition with the attorney of Smoothie Makerz, Inc., Samantha stated that she stopped making payments because she was “flat broke.” She acknowledged that she had a legal obligation to make payments but stated she would not and could not make the payments.
How should Smoothie Makerz, Inc., proceed with their lawsuit? Are there any motions Smoothie Makerz should consider filing?
To expedite the case, Smoothie Makerz, Inc., should file a motion for summary judgment. The facts of the case are not in dispute. Samantha signed a financing agreement to purchase the smoothie machine, which she did not deny. She failed to make payments on the smoothie machine per the contract. Samantha presented no legally defensible reason for not making payments on the smoothie machine. Smoothie Makers, Inc., can argue that, based on Samantha’s deposition testimony, the judge should rule in its favor.
Instructions
In your textbook, Business Law, read Chapter 3, “Judicial, Alternative, and E-Dispute Resolution.”
Read the case summary Marri v. New York City Transit Authority.
Navigate to the threaded discussion and respond to the following:
In your own words, explain the summary judgment concept.
Summarize the relevant facts of Marri v. New York City Transit Authority.
Explain why you agree or disagree with the legal ruling in Marri v. New York City Transit Authority.
Your initial post is due by the end of the fourth day of the workshop.
Read and respond to at least two of your classmates’ postings, as well as all follow-up instructor questions directed to you, by the end of the workshop.
Your postings also should:
Be well developed by providing clear answers with evidence of critical thinking.
Add greater depth to the discussion by introducing new ideas.
Provide clarification to classmates’ questions and insight into the discussion.
Be posted on three different days during the workshop.
Assessment Criteria
Initial Post
Criteria
13–15 Points
9–12 Points
5–8 Points
0–4 Points
Quality
Your posts are well developed and provide clear evidence of critical thinking.
Your questions and observations add greater depth to the discussion by introducing new ideas.
Your posts show some development and some critical thinking is evident.
Your questions and observations add to the discussion by expanding on the ideas of others.
Your posts show nominal development and only the beginnings of critical thinking.
Your questions and observations do not clearly add to the discussion.
Your posts show no development and mostly reiterate what the textbook or others have said.
Your questions and observations detract from the discussion.
Criteria
5 Points
3–4 Points
1–2 Points
0 Points
Timeliness
Your initial post is made by the fourth day of the workshop.
Your initial post is made by the fifth day of the workshop.
Your initial post is made by the sixth day of the workshop.
Your initial post is made by the seventh day of the workshop.
Criteria
18–20 Points
14–17 Points
10–13 Points
0–9 Points
Interaction
You respond to at least two classmates as well as all instructor follow-up questions directed to you.
You are clearly collaborative by taking the initiative to respond to classmates’ questions, providing clarification and insight on issues in the discussion.
You post on three different days during the workshop.
You respond to two classmates and some of the instructor follow-up questions directed to you.
You are collaborative in some situations and show some initiative in workshop discussions.
You post on two days of the workshop.
You respond to two classmates but not to instructor follow-up questions directed to you.
You show little initiative in the discussion, and your presence is not collaborative.
You post on one day of the workshop.
You do not respond to the postings of others in the discussion.
