PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A plaintiff moves for summary judgment in federal court, supporting the motion with affidavits showing no genuine dispute of material fact. The nonmovant responds only with the allegations in its unverified complaint. How should the court rule?

Deny the motion, because allegations in the complaint create a fact dispute Deny the motion, because summary judgment is never appropriate before trial Grant the motion, because the nonmovant must set forth specific facts showing a genuine dispute and cannot rest on mere allegations Grant the motion only if the nonmovant consents

Correct Answer:

Grant the motion, because the nonmovant must set forth specific facts showing a genuine dispute and cannot rest on mere allegations

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