Questions: Question 2 1 Point The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings. (A) True (B) False Clear selection

Question 2
1 Point

The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings.
(A) True
(B) False
Clear selection
Transcript text: Question 2 1 Point The use of evidence outside the pleadings distinguishes the motion for summary judgment from the motion for judgment on the pleadings. (A) True (B) False Clear selection
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Solution

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Answer

The answer is (A) True

Explanation
Option (A): True

A motion for summary judgment involves the use of evidence outside the pleadings, such as affidavits, depositions, and other discovery materials, to demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. This is a key characteristic that distinguishes it from a motion for judgment on the pleadings.

Option (B): False

This option is incorrect because a motion for judgment on the pleadings is decided based solely on the content of the pleadings themselves, without considering any external evidence. Therefore, the use of evidence outside the pleadings is indeed a distinguishing feature of a motion for summary judgment.

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