...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
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 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
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
...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
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)
...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
...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
...rt rules require all comparative-fault questions to be submitted to a jury on a special verdict form; State S courts ordinarily use a general verdict form. Discuss which rules apply in State R court. Address comparative...
Citations: Conflict-of-laws principles, Erie doctrine principles
...after being served with the answer, the plaintiff served and filed a jury demand for the first time. Which statement is most accurate? The correct answer captures the jury-demand deadline and the waiver consequence. Fed...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39
...amages 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 to the developer's reply to the counterclaim, th...
Citations: Fed. R. Civ. P. 38, Fed. R. Civ. P. 39, Beacon Theatres, Inc. v. Westover, Dairy Queen, Inc. v. Wood
...hasing contract and, alternatively, restitution. The parties waived a jury, and the case proceeded to a bench trial. After the supplier finished presenting evidence, the hospital moved for judgment on partial findings, a...
Citations: Fed. R. Civ. P. 52, Fed. R. Civ. P. 58
...ased on compulsory process, the right to present a defense, impartial jury, and Brady. Analyze his arguments and likely remedies. This essay tests compulsory process, right to present a defense, impartial jury, Brady, pr...
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
...ndings. AlpineGear sells all clips to a German assembler, which sells completed bindings to an independent distributor in New York. AlpineGear has no office, employees, property, advertising, direct sales, customer list...
Citations: World-Wide Volkswagen Corp. v. Woodson, J. McIntyre Machinery, Ltd. v. Nicastro, Walden v. Fiore
...ages, and pain and suffering. Delta Drones argues that diversity is incomplete because LiftPoint LLC has a State A member through Ridge Capital LP. Amara argues that LiftPoint should be treated like a corporation with ci...
Citations: 28 U.S.C. 1332, Hertz Corp. v. Friend, Carden v. Arkoma Associates
...d repeatedly stated that it preferred federal court. Two weeks before trial, the judge noticed the citizenship and amount allegations and ordered the parties to brief subject matter jurisdiction. Both parties ask the cou...
Citations: Fed. R. Civ. P. 12(h)(3), 28 U.S.C. 1447(c)
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
...saction after incomplete disclosure and shareholders challenged the injury classification. One side relies on notice and practical reliance; the other side points to an omitted formal step. Which statement is most accura...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...saction after incomplete disclosure and shareholders challenged the injury classification. The moving party has the burden on a contested element, and the opponent identifies a plausible exception. How should the issue m...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...saction after incomplete disclosure and shareholders challenged the injury classification. The facts support the doctrine in part, but a timing problem may limit the requested remedy. What is the strongest reason for the...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
...saction after incomplete disclosure and shareholders challenged the injury classification. Another actor changed position after relying on the relevant statement, document, or official action. Which analysis best protect...
Citations: MBCA and LLC principles, Business judgment rule, Derivative action doctrine
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