Summary Judgment and the Reasonable Jury Standard: A Proxy for a Judge's Own View of the Sufficiency of the Evidence?

Abstract

Under motions for summary judgment, directed verdict, and judgment as a matter of law, judges employ the reasonable jury standard, deciding whether a reasonable jury could find for the non-moving party. This article explores the propriety of the reasonable jury standard, argues the standard has become a proxy for a judge’s own view of the evidence, and proposes renewed study of the standard.

Keywords: summary judgment, jury, reasonable jury, judgment as a matter of law, directed verdict