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Explore the lively world of fundraising parties and legal trials, where having fun and raising money collide with obtaining decisions and seeking justice. Unravel the contrasting processes of summary judgment and trial, with different decision makers and distinct approaches to resolving disputes, all while balancing efficiency and fairness. Ultimately, discover the choice between partying it up or facing the judgment in a legal battle - the decision is yours!
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THE PARTY SIMILE Summary Judgment & Trial • It’s Party Time! • Point of fundraising party • Have fun • And raise money
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
THE PARTY SIMILE Summary Judgment & Trial • Fundraiser/Parties • Different ways of having fun • Different ways of raising money • Lawsuits • Different ways of getting decisions
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
THE PARTY SIMILE Summary Judgment & Trial • Trial • In-person witnesses • Opportunity for cross-examination • Evaluate credibility • Jury decides, if requested
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
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
TAKE-AWAYS • Summary judgment & trial • Ways to decide story of dispute • Why We Prefer SJ or Trial • Different decision makers • Different processes • Efficiency
