Motions for pretrial dismissal are a very important part of civil litigation.  Many cases are dismissed, and many cases settle out of court after the motions have been resolved.  The federal rules, however, make it relatively difficult for a court to grant a motion to dismiss or for summary judgment.  While this allows the parties flexibility to pursue their claims and have their cases decided by a jury, it also allows many weak cases to proceed to trial.  Given the expense of civil litigation, this puts pressure on defendants to settle out of court.  Do you think the federal courts have struck the appropriate balance?  Explain

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The balance struck by the federal rules regarding pretrial dismissal motions and summary judgment is often a subject of debate and discussion in the l... View the full answer