"I think a real trial with genuine justice will not be possible if the United Nations stays with its decision not to participate," said Youk Chhang, director of the Documentation Center of Cambodia, which has been collecting documentary evidence against Khmer Rouge leaders.
This is important, since the situation is qualitatively different from a genuine test of interaction involving trials of different type, or patients of a different sort, as a stratum where the same treatment and control is being compared [ 27].
The nonmoving party must demonstrate the existence of specific facts in the record that create a genuine issue for trial.
After much discussion as to whether the amnesia was organic, hysterical, or feigned, the jury found it not to be genuine and the trial proceeded to conviction.
The District Court's runction is not to "weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial". Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986).
Once the moving party has done so, "the burden shifts to the nonmoving party to go beyond the pleadings and set forth specific facts showing that there is a genuine issue for trial". Id.
The government sought dismissal on grounds that there was "no genuine issue for trial," and that the conditions were "reasonably related to the legitimate penological objectives of national and institutional security".
must set forth specific facts showing that there is a genuine issue for trial". Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); see Davenport v. Univ. of Ark .Bd. of Trs., 553 F.3d 1110, 1113 (8th Cir. 2009) (citing Anderson, 477 U.S. at 247-49).
