Trial Rights
Trial Rights Criminal Procedure Criminal Procedure Trial Rights Complete Criminal Procedure List Criminal ProcedureThis topic appears in the UBE 2026 Rules Library master list under Criminal Procedure.Trial RightsUse thi...
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Constitutional Procedure / Right to Counsel and Trial Rights
Criminal Law and Procedure Right to Counsel and Trial Rights Constitutional Procedure Constitutional Procedure / Right to Counsel and Trial Rights Constitutional Procedure Right to Counsel and Trial Rights Constitutional...
A defendant charged with felony theft waited 20 months for trial. Some delay was caused by court congestion, some by...
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 defendant convicted of robbery argues that trial counsel was ineffective for failing to interview a known alibi wit...
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
At a robbery trial, prosecutors offer a written police-station statement by a witness who has disappeared. The statem...
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 w...
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 find...
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
Lena was arrested and charged with felony embezzlement carrying a maximum sentence of three years. Her trial began 26...
...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
An MPT task memo asks you to draft part of an appellee's brief defending a trial court judgment. The appellant argues...
...T task memo asks you to draft part of an appellee's brief defending a trial court judgment. The appellant argues that the trial court improperly admitted a short surveillance clip. The File includes the trial transcript...
Citations: NCBE MPT preparation materials, NCBE MPT overview
At the end of a federal civil trial, the judge declined to give the defendant's requested jury instruction. The defen...
At the end of a federal 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...
Citations: Fed. R. Civ. P. 51, Fed. R. Civ. P. 61, Fed. R. Evid. 103
In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government...
In a federal securities-fraud trial, Defendant asks the court to exclude witnesses from the courtroom. The government wants three people to remain: Lead Agent, who sat with prosecutors during the investigation and will t...
Citations: Fed. R. Evid. 614, Fed. R. Evid. 615, Fed. R. Evid. 611
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was in...
In a products-liability trial, Plaintiff calls Inspector, who examined a conveyor belt three days after Worker was injured. Inspector testifies that she remembers the inspection but cannot recall the exact measurements...
Citations: Fed. R. Evid. 612, Fed. R. Evid. 611, Fed. R. Evid. 803(5)
Malik was charged with armed robbery of a delivery driver. His defense was mistaken identity. Malik subpoenaed Jada,...
...an alley two blocks away minutes after the robbery. Jada appeared at trial, but the judge excluded her testimony because Malik's lawyer had listed her as a witness one day late. The judge did not consider a continuance...
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
Victor was charged with domestic assault and drug possession. During the assault, the victim called 911 while Victor...
...ier assaults and said Victor kept cocaine in a bedroom drawer. Before trial, the victim disappeared. Prosecutors have evidence that Victor sent messages saying, "If you testify, you will regret it," and arranged for a re...
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
A defendant charged with assault wants to call an eyewitness who would testify that someone else threw the punch. The...
...n eyewitness who would testify that someone else threw the punch. The trial judge excludes the witness solely because the defense disclosed the witness one day late, without considering a continuance or other lesser reme...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Washington v. Texas, Chambers v. Mississippi
A defendant is charged with a misdemeanor punishable by up to one year in jail. The judge denies the defendant's requ...
...one year in jail. The judge denies the defendant's request for a jury trial, stating that misdemeanors are always tried to the court. Which statement is most accurate? The best answer applies the serious-offense threshol...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Duncan v. Louisiana, Blanton v. City of North Las Vegas
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question h...
A defendant was indicted and appointed counsel for burglary. While he was in custody, detectives wanted to question him about an unrelated assault that occurred the next month and had not yet been charged. Which state...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Texas v. Cobb
After a defendant was indicted and appointed counsel for robbery, police placed a paid informant in his cell. The inf...
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 committ...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a...
Damon was indicted for burglary of a pharmacy. At arraignment, counsel was appointed. Two days later, police placed a paid informant in Damon's jail cell. Officers told the informant not to ask direct questions but to...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Massiah v. United States, Brewer v. Williams, Texas v. Cobb, Montejo v. Louisiana
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until t...
Police suspected a man of burglary for several weeks. They arrested him, but prosecutors did not file charges until two days later, when he had his first appearance before a judge. Which statement best describes when...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Rothgery v. Gillespie County
Rosa was charged with aggravated assault after a nightclub stabbing. Her appointed lawyer also represented Rosa's fri...
...footage, or move to sever the representation from Eli's case. Before trial, prosecutors offered Rosa a plea to misdemeanor assault with probation. The lawyer told Rosa, incorrectly, that accepting any plea would automat...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Strickland v. Washington, Missouri v. Frye, Lafler v. Cooper, Cuyler v. Sullivan
Trial
Trial Civil Procedure Civil Procedure Trial Complete Civil Procedure List Civil ProcedureThis topic appears in the UBE 2026 Rules Library master list under Civil Procedure.TrialUse this entry as the rule-review checkpoin...
Trial and Post-Trial / Appeals
Civil Procedure Appeals Trial and Post-Trial Trial and Post-Trial / Appeals Trial and Post-Trial Appeals Trial and Post-Trial / Appeals
Trial and Post-Trial / Summary Judgment
Civil Procedure Summary Judgment Trial and Post-Trial Trial and Post-Trial / Summary Judgment Trial and Post-Trial Summary Judgment Trial and Post-Trial / Summary Judgment