What is the standard for granting summary judgment, and what must be shown on the record?

• A. Summary judgment requires a court to find a genuine dispute of material facts exists.
• B. No genuine dispute of material fact exists; the moving party must show entitlement to judgment as a matter of law.
• C. Summary judgment can be granted if the case is straightforward.
• D. The moving party must show a preponderance of evidence.

Answer: (B)

The main concept is that summary judgment is appropriate only when there is no genuine dispute about a material fact and the moving party is entitled to judgment as a matter of law based on the record. To satisfy this, the moving party must point to admissible evidence in the record—pleadings, depositions, affidavits, admissions, or other competent materials—that, when viewed in the light most favorable to the nonmoving party, shows there is no real issue for trial. If such evidence proves there is no dispute on a fact that matters for deciding the legal claim, the court can grant judgment without a trial. If the evidence leaves a genuine issue for trial, summary judgment must be denied and the case proceeds to trial.

Note how this differs from the other ideas: the standard is not that there be no dispute because the case is straightforward, and it is not simply about a preponderance of evidence. The preponderance standard is the usual burden at trial, but for summary judgment the crucial test is the absence of a genuine material-fact dispute and entitlement to judgment as a matter of law.