Monday, November 24, 2008

Tricky Law Quizzes Abounding ~ CERCLA and RCRA

This time the quizzes were at least take home. However, this means nothing as the questions are often so poorly written that you could argue out several theoretically correct answers which just ends up in arguments and fights in class and we never really learn the answer.

However, now I (and you) know that if the moving party (party asking for the judgment) petitions for summary judgment (the trial to be decided in total prior to jury trial)... and loses... The trial then proceeds as normal litigation would. The case is not dismissed, it simply means there is not enough evidentiary material to be judged on prior to presentation before a jury.

And this, ladies and gentlemen, is why I quit law school in 2001. If I wanted to read law tomes akin to stereo instructions, I would not have amassed so many head injuries.

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