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​ Chandra sues Martin for breach of contract. Both parties have completed discovery. Chandra now wants her attorney to file a motion to have the judge rule in her favor without having to proceed further. Chandra does not know whether the motion to dismiss or the motion for a summary judgment is proper. Which motion is proper and why?

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jepessoa

Answer:

Chandra should request her attorney to file a motion for summary judgement because both parties have past the pleading stage of litigation and they both have also completed discovery. Since enough evidence was gathered during discovery, then Chandra is entitled to judgement.

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