Law. Difference between a claim and issue preclusion Law Essay (Essay Sample)

Law
1 Describe the difference between a motion to dismiss, a motion for summary judgment, and a motion for judgment on the pleadings. What standards of review does a judge apply when evaluating each of these motions?
A motion to dismiss is usually filed by a defendant with the intent of getting the courts to “throw out” a case. Once the plaintiff files a complaint against the defendant, it is the legal responsibility of the defendant to answer to the case or file for the motion to dismiss the case. The court views this motion as the defendant’s denial of the complaint issued against them by the plaintiff. The basis of a motion to dismiss can be built on the plaintiff’s failure to state a claim. According to Federal state rule, if a plaintiff fails to state a claim, it does not matter whether the plaintiff’s complaint is true. Before granting the motion to dismiss, the defendant must prove to the courts that the complaint filed against them does not have enough grounds. In such an instance, the courts rely on the already existing evidence. This means that the defendant is not allowed to add any evidence. In instances where more evidence is needed, the courts will deny the motion to dismiss and the defendant will be requested to bring up the case in the motion of summary judgment.
A motion of summary allows both parties to gather more evidence. For the motion of summary to be granted, the defendant must prove that the plaintiff’s argument is easily disputable. In the motion of summary, the “burden of proof” shifts from the plaintiff to the defendant who is tasked with the responsibility of providing enough evidence that shows the lack of capacity by the plaintiff to provide sufficient evidence. If the courts find that the defendant’s argument has more basis, then the motion of summary is granted, if not, the case moves forward and a hearing date is placed. The judicial system provides enough grounds for litigators to avoid trials. The Federal Rule of Civil Procedure Rule 12 subsection C provides tools where a case can be dismissed through the motion for judgment on the pleadings. This motion is often filed after the defendant has filed the answer and the responding time has passed