At a jury trial for burglary, the jury is sworn and the first witness begins testifying. The judge then declares a mistrial after a juror has a medical emergency and no alternate is available. The defendant objects to an...
Citations: U.S. Const. amend. V, United States v. Perez, Blockburger v. United States, Gamble v. United States
In a federal civil jury trial, the court seats 8 jurors. During deliberations, one juror becomes ill. The parties have not stipulated to a nonunanimous verdict. The remaining 7 jurors unanimously agree on a verdict. Whic...
Citations: Fed. R. Civ. P. 48
In a federal jury trial, the defendant moved for judgment as a matter of law after the plaintiff rested, arguing only that causation was unsupported. The court denied the motion. After a plaintiff's verdict, the defendan...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
In a jury trial, the parties dispute whether a written side agreement ever existed and whether a witness's notes accurately state the side agreement's terms. The judge finds enough evidence for the jury to hear the dispu...
Citations: Fed. R. Evid. 1008
...bility yet. Which statement is most accurate? Rule 52 supplies the nonjury-trial framework for findings, partial judgment, and later amendments. Fed. R. Civ. P. 52
Citations: Fed. R. Civ. P. 52
...m and the likely remedy. This essay tests speedy trial, public trial, jury trial, waiver, and remedies. NC...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo, Waller v. Georgia, Duncan v. Louisiana, Blanton v. City of North Las Vegas
...p to one year in jail. The judge denies the defendant's request for a jury trial, stating that misdemeanors are always tried to the court. Which statement is most accurate? The best answer applies the serious-offense thr...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas
...and injunction issues first. The retailer asked the court to order a jury trial despite any waiver, arguing that the damages issues and the factual fraud issues overlap with the equitable claims. The developer says that...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...ence from jury-trial JMOL, and entry of judgment. This essay tests nonjury trial mechanics, including find...
Citations: Fed. R. Civ. P. 52, Fed. R. Civ. P. 58
In a federal products-liability trial, the jury returns a general verdict for the plaintiff but also answers written questions saying the product was not defective and the defect caused no injury. The parties dispute wha...
Citations: Fed. R. Civ. P. 49
A federal district court entered judgment on April 1 after a jury verdict. The losing party wants a new trial and, alternatively, to alter or amend the judgment. Which statement best describes the Rule 59 deadline? The c...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
A plaintiff won a federal jury verdict in a products-liability case. Before trial, the district court denied the defendant's Rule 12(b)(6) motion on a purely legal preemption issue. At trial, the defendant objected to on...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...ral civil trial, the judge declined to give the defendant's requested jury instruction. The defendant did not object on the record after the instructions were settled. The jury returned a verdict for the plaintiff. On ap...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
A federal jury found for a defendant in a patent-licensing dispute, and judgment was entered on March 1. On March 20, the plaintiff moved for a new trial, arguing that the court wrongly excluded a licensing email and tha...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 60, Fed. R. Civ. P. 61
After a federal jury returned a verdict for the plaintiff, the judge orally stated that judgment would be entered. The clerk later entered a separate judgment on the civil docket. The defendant is calculating post-trial...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
Defendant E was tried in state court for arson of a warehouse. A jury was sworn, and two witnesses testified. On the third day, the judge declared a mistrial because a juror suffered a medical emergency and no alternate...
Citations: U.S. Const. amend. V, Blockburger v. United States, United States v. Perez, United States v. Dixon, Gamble v. United States
...ays lying to the judge would be wrong. She cannot define the word "perjury" and has never taken a religious oath. What is the best ruling on the oath issue? The correct answer recognizes the flexible oath-or-affirmation...
Citations: Fed. R. Evid. 603
A federal grand jury investigating bribery by private contractors subpoenaed recordings of Oval Office meetings between the President and senior advisers. The subpoena identifies specific dates and topics and seeks evide...
Citations: U.S. Const. art. II, United States v. Nixon, Nixon v. Fitzgerald, Clinton v. Jones, Trump v. Vance
...judgment as a matter of law on causation, arguing that no reasonable jury could find that its product caused the illness. The court denied the motion. The distributor then presented its own expert and rested, but did no...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
...anscript, the exhibit list, a witness's foundation testimony, and the jury verdict. The transcript shows that two eyewitnesses independently identified the appellant and that the disputed video was mentioned for less tha...
Citations: NCBE MPT preparation materials, NCBE MPT overview
...t involve dishonesty or a false statement. Defendant objects that the jury will misuse the conviction as propensity evidence. Which standard governs admissibility? The correct answer applies Rule 609(a)(1)(B) to a crimin...
Citations: Fed. R. Evid. 609(a)(1)(B)
...sks to call Juror 8, who is a retired engineer, to testify before the jury that a demonstrative exhibit accurately depicts how the column failed. The judge refuses to allow an objection outside the jury's presence and sa...
Citations: Fed. R. Evid. 605, Fed. R. Evid. 606
...ow should the judge decide whether the texts may be considered by the jury? This essay tests conditional relevance and Rule 403 where text messages matter only if a linking fact is supported. NCBE NextGen UBE Content Sco...
Citations: NCBE NextGen UBE Content Scope, Evidence, Fed. R. Evid. 104(b), Fed. R. Evid. 401, Fed. R. Evid. 403, Huddleston v. United States
...n. The defendant objects that causation is the ultimate issue for the jury. Which statement is most accurate? The correct answer applies Rule 704(a)'s ultimate-issue rule. Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
Citations: Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
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