Legal Research, Writing, And Advocacy (LRWA) Practice Exam

The main idea is that a motion for summary judgment is directed at the decision-maker who rules on the underlying dispute in the first instance: the trial court judge. The moving party asks the judge to rule that there is no genuine dispute of material fact and that the moving party is entitled to judgment as a matter of law, based on the evidence in the record (pleadings, affidavits, depositions, admissions, etc.). Because the judge decides whether the case can be resolved without a trial on the facts, the trial court is the primary audience. If the judge grants the motion, the issue is resolved without a jury trial; if not, the case proceeds to trial where a jury may weigh the facts. Appellate courts come into play later, reviewing the trial court’s ruling on appeal, not hearing the motion themselves for the first time. Opposing counsel participates by opposing or supporting the motion, but they are not the primary audience.