Defendant is charged with armed bank robbery. Accomplice, who has fled the country and cannot be found, told a close friend the day after the robbery, "I drove the getaway car and split the cash with Defendant." The d...
Citations: Fed. R. Evid. 804(b)(3)
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 a...
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....
Citations: Fed. R. Evid. 803(2)
...st another. This essay tests the major Rule 804 unavailable-declarant exceptions. Fed. R. Evid. 804(a), Fed. R. Evid. 804...
Citations: Fed. R. Evid. 804(a), Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(b)(2), Fed. R. Evid. 804(b)(3)
In a civil conversion case over missing wine crates, Plaintiff offers a text from Owner sent the night before the crates vanished: "I am going to the warehouse tomorrow to confront the manager because he stole two cra...
Citations: Fed. R. Evid. 803(3)
In a federal civil suit over a bridge collapse, Plaintiff offers the state transportation agency's final investigative report. The agency was legally authorized to investigate the collapse, and the report concludes th...
Citations: Fed. R. Evid. 803(8)
In a negligence trial, Plaintiff offers a dashcam audio recording in which Passenger says, as a delivery truck drifts across the center line, "That truck is crossing into our lane right now." Defendant objects on hear...
Citations: Fed. R. Evid. 803(1)
Inspector testifies that she cannot now remember the details of a bridge inspection. The same afternoon as the inspection, she wrote and signed a memo describing cracks in two support beams. She testifies that she kne...
Citations: Fed. R. Evid. 803(5)
...hould the court rule on the messages and draft will under the hearsay exceptions? Discuss then-existing state of mind, statements of memory or belief, future intent, and any will-related exception. This essay tests then-...
Citations: Fed. R. Evid. 803(3), Fed. R. Evid. 105, Fed. R. Evid. 403
Patient sues BusCo after a collision. In the emergency room, Patient told the treating physician, "My neck hurts, and I hit the seat in front of me when the bus stopped suddenly. The driver was texting and caused it."...
Citations: Fed. R. Evid. 803(4)
Patient sues Clinic for administering the wrong injection. Nurse testifies that she cannot now remember which vial she used because she has administered thousands of injections since then. Minutes after the incident,...
Citations: Fed. R. Evid. 803(5), Fed. R. Evid. 807, Fed. R. Evid. 403
.... How should the court analyze the three statements under the hearsay exceptions? Discuss present sense impression, excited utterance, statements for medical diagnosis or treatment, and any partial exclusion or limiting...
Citations: Fed. R. Evid. 803(1), Fed. R. Evid. 803(2), Fed. R. Evid. 803(4), Fed. R. Evid. 805
Residents sue ChemicalCo in federal court after a solvent release near a neighborhood creek. ChemicalCo denies that its plant was the source. Residents offer three records. First, ChemicalCo's maintenance database con...
Citations: Fed. R. Evid. 803(6), Fed. R. Evid. 803(8), Fed. R. Evid. 805, Fed. R. Evid. 902(11)
Victim was shot and told a paramedic, "I know I am dying. Jordan shot me from the alley." Victim died before trial. Jordan is charged in federal court with murder. Jordan objects to the paramedic's testimony about the...
Citations: Fed. R. Evid. 804(b)(2)
Witness testified under oath at an earlier injunction hearing about the same machine failure now at issue in a federal damages trial. Defendant's lawyer cross-examined Witness at the injunction hearing on the cause of...
Citations: Fed. R. Evid. 804(b)(1), Fed. R. Evid. 804(a)
...ture argument, and the relationship between confrontation and hearsay exceptions. This essay tests testimonial hearsay, primary-purpose doctrine, forensic reports, forfeiture by w...
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
...The best answer applies UCC 2-201's partial-performance and admission exceptions. UCC 2-201, UCC 2-606, NCBE NextGen UBE Content Scope, Contracts
Citations: UCC 2-201, UCC 2-606, NCBE NextGen UBE Content Scope, Contracts
...s nonfinal appeal routes and asks for disciplined treatment of narrow exceptions to the final-judgment rule. 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Benefici...
Citations: 28 U.S.C. 1291, 28 U.S.C. 1292(a)(1), Cohen v. Beneficial Industrial Loan Corp., Mohawk Industries, Inc. v. Carpenter
...nce is admissible or barred under the parol evidence rule and related exceptions. This essay tests common-law parol evidence, integration, contradiction, consistent additional terms, fraud, ambiguity, conditions preceden...
Citations: Restatement (Second) of Contracts 209, Restatement (Second) of Contracts 210, Restatement (Second) of Contracts 213, Restatement (Second) of Contracts 214, Restatement (Second) of Contracts 216
...ikely to fall within a statutory notice exception? The question tests exceptions to disposition notification. UCC 9-611
Citations: UCC 9-611
...his essay tests statutory immunity as a negligence defense and common exceptions to immunity. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...k? The best answer states the general state alienage rule and the key exceptions tested on the bar. U.S. Const. amend. XIV, Graham v. Richardson, Sugarman v. Dougall, Foley v. Connelie, Mathews v. Diaz
Citations: U.S. Const. amend. XIV, Graham v. Richardson, Sugarman v. Dougall, Foley v. Connelie, Mathews v. Diaz
...ess use variances, self-created hardship, financial hardship, special exceptions or conditional uses, and permissible conditions. This essay tests varian...
Citations: NCBE MEE Subject Matter Outline, Common law zoning principles
...e judge calls Bank Custodian. This essay tests witness sequestration, exceptions, violations, and court-called witnesses. Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
Citations: Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
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