Should you spot something that appears to be wrong, please let me know, so I can correct or clarify for the benefit of the entire class. At least part of the remedy being sought in B is legal and the case is in an Article III court.
Admissibility can be an issue at the summary judgment stage.
There should be no trial if the person bearing the burden of persuasion on the main case would not be able to offer any admissible evidence to support her case. 12 - A Note that the question could as easily have asked if summary judgment would be appropriate. In reality the case should probably not have come to trial under A's facts. Thus if the court were equally balanced as to whether Plaintiff does or doesn't have a case, the summary judgment motion should be denied, since the Defendant has not persuaded the court that the Plaintiff can not prevail at trial. For additional discussion of this answer see discussion with a student about this question after the quiz was first given .