During a federal civil trial over a warehouse collapse, the presiding judge mentions at a sidebar that she drove past the warehouse the morning after the storm and personally saw that one support column "looked freshly c...
Citations: Fed. R. Evid. 605, Fed. R. Evid. 606
...y of judgment, the separate-document rule, premature notices, tolling motions, and whether the May 10 notice became effective after the Rule 59 motion was resolved. This essay focuses on appeal timing and the interaction...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(1), Fed. R. App. P. 4(a)(2), Fed. R. App. P. 4(a)(4), Fed. R. App. P. 4(a)(7)
...cognizes Defendant's voice because she spoke with Defendant in person during a deposition two months after the call and the recorded voice has the same distinctive accent and speech pattern. Which statement is most accur...
Citations: Fed. R. Evid. 901(b)(5)
...? The correct answer gives the key timing rule for Rule 59 post-trial motions. Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor was still in the apartment. Crying and whispering, she told the operator, "He is in the kitchen with a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts, Giles v. California
...n before jury submission. How should the court analyze the post-trial motions? Discuss Rule 50(a), renewed Rule 50(b), Rule 59 new trial, and excessive...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
...g in frail patients but hoped the parent would sleep. The parent died during the night. At trial, the defense presents evidence of severe emotional strain and argues for manslaughter under a Model Penal Code-style extrem...
Citations: NCBE NextGen UBE Content Scope, Criminal Law, Model Penal Code 210.2, Model Penal Code 210.3, Model Penal Code 210.4
...m a crowded court docket. Lena filed two written speedy-trial demands during the delay. By trial, a former bookkeeper who would have supported Lena's defense had died. On the first day of trial, the judge closed the cour...
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
...iscovers emails suggesting that the plaintiff concealed key documents during discovery. The defendant seeks relief from the judgment. Which statement best describes Rule 60(b)? Rule 60(b) provides limited final-judgment...
Citations: Fed. R. Civ. P. 60(b), Fed. R. Civ. P. 60(c)
...ch trial, a federal judge issued an opinion saying the defendant wins and directing the clerk to close the case. The opinion was entered on the civil docket, but no separate judgment document was entered. The losing part...
Citations: Fed. R. Civ. P. 58, Fed. R. App. P. 4(a)(7)
...it was not part of the trial record. How should the court analyze the motions? Discuss Rule 59 timing and grounds, Rule 60(b) grounds and timing, newly discovered evidence or fraud, and harmless error. This essay tests p...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 60, Fed. R. Civ. P. 61
...rear door into the restaurant. A cook shouted for customers to leave. During the evacuation, a customer slipped in the cleaner and suffered chemical burns. A firefighter responding to the spill also slipped while carryin...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
During a federal civil case, the district court ordered a party to produce documents over a privilege objection and also denied the party's motion for summary judgment. The party seeks immediate appeal under the collater...
Citations: 28 U.S.C. 1291, Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...that the excluded evidence was cumulative of three admitted exhibits and two witnesses' testimony. Which statement best describes the harmless-error rule? The correct answer reflects the civil harmless-error rule. Fed...
Citations: Fed. R. Civ. P. 61
During a recreational basketball game, one player intentionally punched another player in the face after the referee blew the whistle and stopped play. The punched player sues for battery. The punching player argues that...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
After a defendant was indicted and appointed counsel for robbery, police placed a paid informant in his cell. The informant was instructed to get the defendant to talk about the robbery. The defendant admitted committing...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States
During a criminal trial, the judge closed the courtroom for an undercover officer's testimony. The judge made no findings and did not consider alternatives, stating only, "This will be easier for the witness." Which stat...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Waller v. Georgia
During a federal trial, the presiding judge tells counsel that she personally saw one party sign the disputed contract at a settlement conference months earlier. A party asks to call the judge to testify about that obser...
Citations: Fed. R. Evid. 605
...e. The judge did not consider a continuance or other lesser sanction. During voir dire, Juror 8 said he did not know anyone involved in the case. After conviction, Malik learned that Juror 8 worked part-time for the deli...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi, Brady v. Maryland, Smith v. Phillips
...eading. Homeowner 4 sues only one installer for breaking a patio door during a separate service call. The complaint alleges warranty, negligence, and consumer-protection claims. The manufacturer moves to dismiss the enti...
Citations: Fed. R. Civ. P. 20, Fed. R. Civ. P. 21, Fed. R. Civ. P. 42
...cission based on alleged fraud and also sought damages for lost sales during system outages. Neither party demanded a jury in the complaint, answer, or counterclaim. Twenty-five days after the retailer served its answer...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...statement is most accurate? The appeal clock is reset only by timely motions listed in FRAP 4(a)(4), not by any post-judgment filing. Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...ne spouse secretly spent $40,000 of marital savings on gambling trips and gifts to a romantic partner. At trial, the spouse argues the court cannot consider the money because it has already been spent. What is the best r...
Citations: NCBE MEE Subject Matter Outline, Family Law
During marriage, Husband privately told Wife, "I hid the counterfeit checks in the garage." Husband and Wife later divorced. In Husband's federal criminal trial, prosecutors call Wife to testify about the private stateme...
Citations: Fed. R. Evid. 501
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