What is the standard for granting summary judgment?

• A. There is no genuine dispute of material fact
• B. The movant is entitled to judgment as a matter of law
• C. There is no genuine dispute of material fact
• D. There is no genuine dispute of material fact -and- The movant is entitled to judgment as a matter of law

Answer: (D)

Summary judgment is appropriate only when there is no genuine dispute about material facts and the movant is entitled to judgment as a matter of law. The first part—no genuine dispute of material fact—means the record shows that the facts that matter for deciding the case are settled; a jury could not reasonably find for either side on those facts. The second part—entitlement to judgment as a matter of law—means the law clearly supports judgment for the movant given those undisputed facts. If there is any disputed material fact, or if the record doesn’t show the movant’s legal entitlement, summary judgment is not proper. The correct standard thus combines both conditions, which is why the best choice states both elements together.