...a limiting instruction. Exclude the evidence unless the defendant has first offered peaceful-character evidence. This item tests Rule 404(b) intent or knowledge use. Federal Rule of Evidence 404(b), Federal Rule of Evide...
Citations: Federal Rule of Evidence 404(b), Federal Rule of Evidence 403
...United States, Florida v. Jardines, New Jersey v. T.L.O., Griffin v. Wisconsin
Citations: Oliver v. United States, Florida v. Jardines, New Jersey v. T.L.O., Griffin v. Wisconsin
...cher sues under 42 U.S.C. 1983, claiming that the firing violated the First Amendment and procedural due process because the school performed a public education function and received public funds. Discuss whether the sch...
Citations: Rendell-Baker v. Kohn, Blum v. Yaretsky
...cher sues under 42 U.S.C. 1983, claiming that the firing violated the First Amendment and procedural due process because the school performed a public education function and received public funds. Discuss whether the sch...
Citations: Rendell-Baker v. Kohn, Blum v. Yaretsky
...e-loss claim. Plaintiff wants to prove the content of three writings. First, Plaintiff offers testimony about a paper inventory list that burned in the fire along with the store; Plaintiff had kept the only copy in a fil...
Citations: Federal Rule of Evidence 1004
...admissible only if the complainant has testified about sexual history first. The evidence is admissible only to prove consent with the defendant. This item tests Rule 412 criminal exceptions. Federal Rule of Evidence 412
Citations: Federal Rule of Evidence 412
...removed the case to federal court in State J based on diversity. Her first Rule 12 motion sought dismissal only for improper venue and failure to state a claim. After losing that motion, Rosa moved to dismiss for lack o...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
...removed the case to federal court in State J based on diversity. Her first Rule 12 motion sought dismissal only for improper venue and failure to state a claim. After losing that motion, Rosa moved to dismiss for lack o...
Citations: Burnham v. Superior Court, Fed. R. Civ. P. 12(h), Insurance Corp. of Ireland v. Compagnie des Bauxites
...from April 1, 2026 through September 30, 2027" for $18,000 per month. The architect began work immediately. Two weeks later, the hospital president emailed the architect: "Confirming our renovation supervision arrangemen...
Citations: Restatement (Second) of Contracts sections 110, 131, 132, 130
...from April 1, 2026 through September 30, 2027" for $18,000 per month. The architect began work immediately. Two weeks later, the hospital president emailed the architect: "Confirming our renovation supervision arrangemen...
Citations: Restatement (Second) of Contracts sections 110, 131, 132, 130
...al court seeks notes from confidential sessions with a licensed psychotherapist. Federal privilege law governs. What is the best statement? There is no federal psychotherapist-patient privilege. The notes may be protecte...
Citations: Federal Rule of Evidence 501, Federal Rule of Civil Procedure 26(b)(3)
...dant has a dishonest character. Exclude the evidence unless Defendant first testifies. This item tests the proper and improper uses of other-act evidence. Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Fe...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
Parties settle a first lawsuit and the court enters a dismissal with prejudice. The settlement agreement says nothing about whether any facts are admitted. Which statement best describes preclusion in later litigation? T...
Citations: Restatement (Second) of Judgments principles
Parties settle a first lawsuit and the court enters a dismissal with prejudice. The settlement agreement says nothing about whether any facts are admitted. Which statement best describes preclusion in later litigation? T...
Citations: Restatement (Second) of Judgments principles
In a civil fraud trial, Buyer offers three exhibits. First, Buyer offers a photograph of a warehouse taken by Buyer's investigator, who testifies that she took the photo on the day of inspection and that it fairly depict...
Citations: Federal Rule of Evidence 901(a), Federal Rule of Evidence 901(b)(1), Federal Rule of Evidence 901(b)(4)
...s dispute the legal effect of a contested transaction. A party lost a first suit and then repackaged the same transaction under a new legal theory. Another actor changed position after relying on the relevant statement...
...s dispute the legal effect of a contested transaction. A party lost a first suit and then repackaged the same transaction under a new legal theory. Another actor changed position after relying on the relevant statement...
...rs Customer's complaint call stating, "Your heater sparked and filled the room with smoke." Manufacturer says it is offered only to show notice, not to prove the heater actually sparked. Plaintiff then offers Manufacture...
Citations: Federal Rule of Evidence 801(d), Federal Rule of Evidence 806, Federal Rule of Evidence 403
...is based on specialized accident-reconstruction knowledge rather than firsthand lay perception. This item tests the officer lay-opinion versus expert-opinion boundary. Federal Rule of Evidence 701, Federal Rule of Eviden...
Citations: Federal Rule of Evidence 701, Federal Rule of Evidence 702, Federal Rule of Evidence 704
...; Luis then signs a confession. At trial, prosecutors want to use the first unwarned statement, the mask, the later warned statement, and the coerced overnight confession. Luis also plans to testify that he never owned a...
Citations: Oregon v. Elstad, United States v. Patane, Harris v. New York, Mincey v. Arizona
...l, the prosecution offers three items without calling the declarants. First, a 911 recording in which the coworker, gasping and still in the office, says, "Olive handed me the drink and now I cannot breathe." Second, a p...
Citations: U.S. Const. amend. VI, Crawford v. Washington, Davis v. Washington, Melendez-Diaz v. Massachusetts
...te court with a fraud offense punishable by up to six months in jail. The statute also provides that if the judge finds the fraud targeted an elderly victim, the maximum becomes two years and a one-year mandatory minimum...
Citations: U.S. Const. amend. VI, Apprendi v. New Jersey, Alleyne v. United States, Ramos v. Louisiana
An elderly collector owned a rare first edition worth about $80,000. A dealer visited the collector after learning from a caregiver that the collector had recently been diagnosed with dementia and often confused dollars...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 15, Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
An elderly collector owned a rare first edition worth about $80,000. A dealer visited the collector after learning from a caregiver that the collector had recently been diagnosed with dementia and often confused dollars...
Citations: Restatement (Second) of Contracts 12, Restatement (Second) of Contracts 15, Restatement (Second) of Contracts 16, NCBE NextGen UBE Content Scope, Contracts
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