What must a party moving for summary judgment show?

Study for the California Bar Exam. Engage with flashcards and multiple choice questions, each question offers hints and explanations. Prepare effectively for your exam!

To succeed in a motion for summary judgment, a party must demonstrate that there is no genuine issue of material fact, which often translates to showing that the opposing party lacks sufficient evidence to support their claims or defenses. This means that if the opposing party cannot produce evidence that would be sufficient for a reasonable jury to find in their favor, the moving party is entitled to judgment as a matter of law.

In summary judgment proceedings, the focus is on whether any factual disputes exist that require a trial to resolve. The moving party effectively argues that the evidence presented cannot lead a rational trier of fact to find in favor of the opposing party. Therefore, showing a lack of sufficient evidence from the opposing party is crucial because it directly addresses the essential question of whether there are factual issues necessitating a trial.

The other options relate to different aspects of litigation but do not address the core requirement for a summary judgment motion. For instance, proving that the opposing party is at fault is not a necessary step in obtaining a summary judgment, as the focus is instead on the presence of evidence. Similarly, presenting new evidence is not a prerequisite for summary judgment; rather, it's about the evidence already in the record. Lastly, establishing jurisdiction is a procedural requirement for any court case

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