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
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
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 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
...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)
...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
At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statement describes past events and identifies the defendant. The defendant never had a chance to cross-exami...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Crawford v. Washington
Before trial, a defendant told the judge, "I understand I have a lawyer, but I want to represent myself." The judge warned the defendant about the charges, possible penalties, and risks of proceeding without counsel. The...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Faretta v. California
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
In a federal bench trial, the plaintiff presents all evidence on an equitable claim. The defendant then asks the judge to enter judgment because the plaintiff failed to prove reliance. The plaintiff argues that the judge...
Citations: Fed. R. Civ. P. 52
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
...h felony embezzlement carrying a maximum sentence of three years. Her trial began 26 months later. The first four months were caused by Lena's request to replace counsel. The next 14 months resulted from repeated prosecu...
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
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 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 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
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