Which procedural mechanism is used to dispose of a case without a trial if there is no genuine issue of material fact?

Which procedural mechanism is used to dispose of a case without a trial if there is no genuine issue of material fact?

• A. A motion for summary judgment
• B. A motion for a directed verdict
• C. A motion to dismiss
• D. A motion for a new trial

Answer: (A)

The key idea is deciding a case on the law alone when the facts aren’t in dispute. In North Carolina this is done with a motion for summary judgment. Under Rule 56, the party asking for summary judgment must show there is no genuine issue of material fact and that they’re entitled to judgment as a matter of law. If the undisputed facts support the legal claim or defense, the court can grant judgment without holding a trial. If there is any real dispute about a material fact, summary judgment isn’t appropriate and the case must go to trial. The other options don’t fit the situation as cleanly. A motion for a directed verdict is a trial-stage ruling after evidence has been presented, not a pre-trial disposal. A motion to dismiss ends the case for pleading or jurisdictional problems, typically before any trial starts. A motion for a new trial is a post-verdict remedy used to challenge the outcome after a trial has occurred.

The key idea is deciding a case on the law alone when the facts aren’t in dispute. In North Carolina this is done with a motion for summary judgment. Under Rule 56, the party asking for summary judgment must show there is no genuine issue of material fact and that they’re entitled to judgment as a matter of law. If the undisputed facts support the legal claim or defense, the court can grant judgment without holding a trial. If there is any real dispute about a material fact, summary judgment isn’t appropriate and the case must go to trial.

The other options don’t fit the situation as cleanly. A motion for a directed verdict is a trial-stage ruling after evidence has been presented, not a pre-trial disposal. A motion to dismiss ends the case for pleading or jurisdictional problems, typically before any trial starts. A motion for a new trial is a post-verdict remedy used to challenge the outcome after a trial has occurred.