MBE / Civil Procedure / Trial Motions
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Trial Motions
Trial Motions Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Trial Motions Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is part of the W...
A federal jury returns a verdict and judgment is entered. The losing party wants a new trial based on alleged trial e...
...le a Rule 59 new-trial motion? This question tests the timing for new-trial motions. Fed. R. Civ. P. 59(b), Fed. R. Civ. P. 6(b)(2)
Citations: Fed. R. Civ. P. 59(b), Fed. R. Civ. P. 6(b)(2)
A federal jury returns a verdict and judgment is entered. The losing party wants a new trial based on alleged trial e...
...le a Rule 59 new-trial motion? This question tests the timing for new-trial motions. Fed. R. Civ. P. 59(b), Fed. R. Civ. P. 6(b)(2)
Citations: Fed. R. Civ. P. 59(b), Fed. R. Civ. P. 6(b)(2)
A restaurant patron sued a distributor in federal court after becoming ill. At trial, the patron presented hospital r...
...nst the weight of the evidence. How should the court analyze the post-trial motions? Discuss Rule 50(a), Rule 50(b), Rule 59, preservation, and remittitur. This essay tests preservation and standards for JMOL, renewed JM...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
A restaurant patron sued a distributor in federal court after becoming ill. At trial, the patron presented hospital r...
...nst the weight of the evidence. How should the court analyze the post-trial motions? Discuss Rule 50(a), Rule 50(b), Rule 59, preservation, and remittitur. This essay tests preservation and standards for JMOL, renewed JM...
Citations: Fed. R. Civ. P. 50, Fed. R. Civ. P. 59
After a civil jury awards damages far above any amount supported by the record, the defendant moves for a new trial o...
...ove any amount supported by the record, the defendant moves for a new trial or reduction of damages.Which statement best describes remittitur? This question tests remittitur as an alternative to new trial. Fed. R. Civ. P...
Citations: Fed. R. Civ. P. 59
After a civil jury awards damages far above any amount supported by the record, the defendant moves for a new trial o...
...ove any amount supported by the record, the defendant moves for a new trial or reduction of damages.Which statement best describes remittitur? This question tests remittitur as an alternative to new trial. Fed. R. Civ. P...
Citations: Fed. R. Civ. P. 59
After trial, the losing party moves for a new trial based on exclusion of evidence that was cumulative of several adm...
After trial, the losing party moves for a new trial based on exclusion of evidence that was cumulative of several admitted exhibits and testimony.Which statement best describes the harmless-error rule? This question test...
Citations: Fed. R. Civ. P. 61
After trial, the losing party moves for a new trial based on exclusion of evidence that was cumulative of several adm...
After trial, the losing party moves for a new trial based on exclusion of evidence that was cumulative of several admitted exhibits and testimony.Which statement best describes the harmless-error rule? This question test...
Citations: Fed. R. Civ. P. 61
During a civil jury trial, counsel briefly refers to excluded evidence. The judge immediately sustains an objection a...
During a civil jury trial, counsel briefly refers to excluded evidence. The judge immediately sustains an objection and gives a clear curative instruction. The opposing party seeks a mistrial.Which statement is most accu...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 61
During a civil jury trial, counsel briefly refers to excluded evidence. The judge immediately sustains an objection a...
During a civil jury trial, counsel briefly refers to excluded evidence. The judge immediately sustains an objection and gives a clear curative instruction. The opposing party seeks a mistrial.Which statement is most accu...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 61
During a federal civil jury trial, defense counsel twice referred to excluded insurance evidence. The judge sustained...
During a federal civil jury trial, defense counsel twice referred to excluded insurance evidence. The judge sustained objections and instructed the jury to disregard the comments. Later, the plaintiff's expert mentioned...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 61
During a federal civil jury trial, defense counsel twice referred to excluded insurance evidence. The judge sustained...
During a federal civil jury trial, defense counsel twice referred to excluded insurance evidence. The judge sustained objections and instructed the jury to disregard the comments. Later, the plaintiff's expert mentioned...
Citations: Fed. R. Civ. P. 59, Fed. R. Civ. P. 61
During a federal jury trial, the defendant wants judgment as a matter of law before the plaintiff's claim is submitte...
During a federal jury trial, the defendant wants judgment as a matter of law before the plaintiff's claim is submitted to the jury.Which statement best describes Rule 50(a)? This question tests the threshold for judgment...
Citations: Fed. R. Civ. P. 50(a)
During a federal jury trial, the defendant wants judgment as a matter of law before the plaintiff's claim is submitte...
During a federal jury trial, the defendant wants judgment as a matter of law before the plaintiff's claim is submitted to the jury.Which statement best describes Rule 50(a)? This question tests the threshold for judgment...
Citations: Fed. R. Civ. P. 50(a)
In a federal products-liability trial, the jury returned a general verdict for the plaintiff for $600,000. The verdic...
In a federal products-liability trial, the jury returned a general verdict for the plaintiff for $600,000. The verdict form also asked written questions. The jury answered that the product was not defectively designed an...
Citations: Fed. R. Civ. P. 49
In a federal products-liability trial, the jury returned a general verdict for the plaintiff for $600,000. The verdic...
In a federal products-liability trial, the jury returned a general verdict for the plaintiff for $600,000. The verdict form also asked written questions. The jury answered that the product was not defectively designed an...
Citations: Fed. R. Civ. P. 49
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster an...
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster and files a unilateral withdrawal of the demand. The defendant objects.Which statement is most accurate?...
Citations: Fed. R. Civ. P. 38(d)
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster an...
The plaintiff properly demanded a jury trial. After discovery, the plaintiff decides a bench trial would be faster and files a unilateral withdrawal of the demand. The defendant objects.Which statement is most accurate?...
Citations: Fed. R. Civ. P. 38(d)
The parties dispute the legal effect of a contested transaction. The complaint described a scheme in detail but used...
...analysis? Correct. The answer should identify the governing rule for Trial Motions and apply it to the operative facts. This choice applies the governing rule to the operative facts and leaves room for the strongest cou...