A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by prosecution negligence, and some by defense continuances. The defendant demanded a speedy trial twice a...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
A federal court discovers shortly before trial that the case has no federal question, no diversity jurisdiction, and no other statutory basis for federal subject matter jurisdiction. Both parties want to stay in federal...
Citations: Fed. R. Civ. P. 12(h)(3)
After a bench trial in federal court, the judge announced from the bench on May 1 that judgment would be entered for the defendant. The clerk entered a docket entry on May 2 stating, "Court finds for defendant; case clos...
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)
After a federal civil trial, the losing party moves for a new trial based on an evidentiary ruling. The record shows that the excluded evidence was cumulative of three admitted exhibits and two witnesses' testimony. Whic...
Citations: Fed. R. Civ. P. 61
After a recorded phone call is offered at trial, Witness testifies that she recognizes Defendant's voice because she spoke with Defendant in person during a deposition two months after the call and the recorded voice has...
Citations: Fed. R. Evid. 901(b)(5)
...civil case, the losing party timely filed a Rule 59 motion for a new trial. Before the district court ruled on that motion, the losing party also filed a notice of appeal. Which statement is most accurate? The appeal cl...
Citations: Fed. R. App. P. 4(a)(4), Fed. R. Civ. P. 59
...ederal court with robbing a pharmacy. The cashier, Vega, testifies at trial that she cannot identify the robber because the robber wore a mask and she was frightened. Vega is subject to cross-examination. The government...
Citations: Fed. R. Evid. 801(d)(1)(A), Fed. R. Evid. 801(d)(1)(B), Fed. R. Evid. 801(d)(1)(C), Fed. R. Evid. 613
...tness a burglary but watched a store surveillance video afterward. At trial, the prosecutor asks Detective to testify that "the video showed Defendant breaking the display case." The prosecutor does not offer the video o...
Citations: Fed. R. Evid. 1001, Fed. R. Evid. 1002, Fed. R. Evid. 1003
In a car-crash trial, a pedestrian who saw the collision from the curb testifies that the defendant's car was "going very fast, around 50 miles per hour." The pedestrian is not an accident-reconstruction expert. Defendan...
Citations: Fed. R. Evid. 701
In a federal civil trial, Defendant calls Witness to describe a hallway conversation. Plaintiff objects that Witness has received treatment for bipolar disorder and gave two inconsistent pretrial accounts of the conversa...
Citations: Fed. R. Evid. 601
In a federal civil trial, Plaintiff calls Witness expecting her to identify Defendant's delivery van as the van that hit Plaintiff's car. On direct examination, Witness instead says she is no longer sure whose van hit th...
Citations: Fed. R. Evid. 607
In a federal criminal trial, a seven-year-old eyewitness says she knows the difference between "real" and "pretend," promises to tell what really happened, and says lying to the judge would be wrong. She cannot define th...
Citations: Fed. R. Evid. 603
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
In a first action, a court after trial decided that a traffic light was red. In a later action arising from the same collision, a party seeks to prevent relitigation of that fact. Which doctrine and requirements are most...
Citations: Restatement (Second) of Judgments principles
In a warranty trial, Buyer offers Seller's daily repair log showing that a technician replaced the same machine part three times in one week. Seller's records custodian testifies that technicians make repair entries at t...
Citations: Fed. R. Evid. 803(6), Fed. R. Evid. 805
In an assault trial, Witness testifies that one minute after a glass bottle shattered near Victim's head, Victim was shaking and bleeding and shouted, "Dana threw it at me!" Dana objects that the statement is hearsay. Wh...
Citations: Fed. R. Evid. 803(2)
...city condemns several privately owned parcels in a deteriorated industrial district and plans to transfer them to a private developer that will build offices, apartments, and a grocery store. The city found that the pro...
Citations: U.S. Const. amend. V, Kelo v. City of New London, Berman v. Parker, Hawaii Housing Authority v. Midkiff
A defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi witness and for making no strategic explanation for that failure. Which statement best describes the ordin...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington
...s production of specific Oval Office recordings needed for a criminal trial of private defendants. The President invokes executive privilege, arguing that all presidential communications are absolutely immune from judici...
Citations: U.S. Const. art. II, United States v. Nixon
...udgment 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 correct answer gives the key timing...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 6(b)(2)
...ntiff 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 one expe...
Citations: Fed. R. Civ. P. 46, Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
...atron sued a food distributor in federal court after becoming ill. At trial, the patron presented hospital records, testimony from two other customers who ate the same product, and expert testimony that the product likel...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
A seller showed a buyer a sample of industrial fabric and stated, "This fabric is flame resistant up to 500 degrees." The buyer ordered fabric relying on the sample and statement. The delivered fabric ignited at 300 degr...
Citations: UCC 2-313, NCBE NextGen UBE Content Scope, Contracts
A State A court enters a final judgment after a contested trial. In later State B litigation between the same parties, one party argues that the State A judgment has preclusive effect. Which law generally determines the...
Citations: 28 U.S.C. 1738, Claim and issue preclusion principles
USABarPrep Coach