What motion seeks judgment in the moving party's favor because there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law, and may consider matters outside the pleadings?

• A. 12(b)(6) motion
• B. Rule 56 motion (summary judgment motion)
• C. Motion
• D. Verification

Answer: (B)

This question tests understanding of how a case can be decided without a trial when there is no dispute about material facts. A summary judgment motion under Rule 56 asks the court to grant judgment in one party’s favor as a matter of law because there’s no genuine issue for trial. The crucial idea is that there are no factual disputes that a jury should resolve; if all facts are undisputed and only one legal conclusion follows, the case can be decided without trial. The motion can be supported by evidence outside the pleadings—affidavits, depositions, and documents—to show there is no real dispute about the facts.

Why this is the best fit: the language specifically describes no genuine issue of material fact and entitlement to judgment as a matter of law, and the ability to consider materials beyond the pleadings, which is exactly what a summary judgment under Rule 56 allows.

Why the others don’t fit: a 12(b)(6) motion is about dismissing a claim for failure to state a claim and generally relies on the complaint and attached material, not outside evidence to decide the merits. A generic “Motion” is too vague to indicate the standard for resolving the case on the law or facts. A Verification is simply a sworn statement attesting to the truth of the pleadings, not a procedural device to resolve the case on the merits.