Asked by Emily Maniccia on Jun 04, 2024

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Mike sues Randy for "aesthetic pollution." The basis for his suit is Randy's habit of wearing clothes that Mike considers to be ugly.Mike's complaint offers details of Randy's "ugly" clothing in many separate,numbered paragraphs.However,no law requires one to pay damages for wearing clothes that another considers ugly and for causing aesthetic dissatisfaction to some other party.Thus,Randy wants to defeat Mike's claim as fast as possible.The best procedural device for doing so is the:

A) motion to dismiss.
B) motion for summary judgment.
C) motion for judgment notwithstanding the verdict.
D) motion for a directed verdict.

Motion To Dismiss

A legal motion filed by a defendant, requesting the court to dismiss a case on certain grounds before going to trial.

Summary Judgment

A legal procedure where the court makes a decision based on statements and evidence without going to trial.

Aesthetic Pollution

The degradation of a visual or natural environment, making it unappealing or less desirable, often due to human-made structures or waste.

  • Discern the procedural strategies intended to facilitate early resolution of cases, notably motions to dismiss and motions for summary judgment.
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AC
Argenis ColonJun 08, 2024
Final Answer :
A
Explanation :
Sometimes it is evident from the complaint or the pleadings that the plaintiff does not have a valid claim.In such a situation,it would be wasteful for the litigation to proceed further.The procedural device for ending the case at this early stage is commonly called the motion to dismiss.The most important type of motion to dismiss is the motion to dismiss for failure to state a claim upon which relief can be granted,sometimes called the demurrer.It asserts that the plaintiff cannot recover even if all of his allegations are true because no rule of law entitles him to win on those facts.