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Issue: What is the standard for a summary decision in an administrative proceeding involving Free Access to Public Education (FAPE)?
| Area of Law: | Administrative Law, Administrative Law & Regulation (Federal and State), Education Law, Litigation & Procedure |
| Keywords: | Summary decision; Administrative proceeding; Free Access to Public Education (FAPE) |
| Jurisdiction: | Federal, New Jersey |
| Cited Cases: | 477 U.S. 242; 142 N.J. 520 |
| Cited Statutes: | N.J. Admin Code 1:1-12.5(a) |
| Date: | 02/01/2011 |
It is well established that the Court should grant summary decision “if the papers and discovery which have been filed, together with the affidavits, if any, show that there is no genuine issue as to any material fact challenged and that the moving party is entitled to prevail as a matter of law.” N.J. Admin Code 1:1-12.5(a) TA s "Rule 4:46-2" . “When the evidence ‘is so one-sided that one party must prevail as a matter of law,’ the trial court should not hesitate to grant summary judgment.” Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995) TA l "Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995)" s "Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995)" c 1 (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S. Ct. 2505, 2512, 91 L. Ed. 2d 202, 214 (1986) TA l "Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S. Ct. 2505, 91 L. Ed. 2d 202, 214 (1986)" s "Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S. Ct. 2505, 2512, 91 L. Ed. 2d 202, 214 (1986)" c 1 ).
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