...or's ordinary business records system. Retailer objects that the best evidence rule requires Distributor to introduce each invoice and delivery confirmation. Distributor says the underlying electronic records were made a...
Citations: Fed. R. Evid. 1006, Fed. R. Evid. 611, Fed. R. Evid. 803(6)
...s badge, and waited for the green light before moving. No witness remembers whether he stopped on the day of the collision. Which statement is most accurate? The correct answer recognizes that a repeated gate-entry routi...
Citations: Fed. R. Evid. 406
...pliance. Patient objects that the testimony is inadmissible character evidence that Lee is careful and that the hospital generally follows good practices. How should the court rule on the proposed evidence? Discuss the d...
Citations: Fed. R. Evid. 406, Fed. R. Evid. 403
...rtly from hospital records, lab reports, and interviews with family members. Some family statements are hearsay, but doctors in the field reasonably rely on such histories when making the relevant diagnosis. The proponen...
Citations: Fed. R. Evid. 703
...itten contract for "No. 2 grade lumber." The buyer seeks to introduce evidence that, in prior contracts between them and in the lumber trade, "No. 2 grade" is understood to include kiln-dried lumber unless otherwise stat...
Citations: UCC 1-303, UCC 2-202, NCBE NextGen UBE Content Scope, Contracts
During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maintenance log. After reviewing it silently, Witness says she now remembers the number and states it aloud...
Citations: Fed. R. Evid. 612
In a construction-defect case, a master plumber with 25 years of field experience but no engineering degree is offered to explain why a pipe-joint installation failed. The opponent argues that only a mechanical engineer...
Citations: Fed. R. Evid. 702
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 knew t...
Citations: Fed. R. Evid. 803(5)
...istering 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, while the details were fresh, Nu...
Citations: Fed. R. Evid. 803(5), Fed. R. Evid. 807, Fed. R. Evid. 403
Purchaser calls the number listed on Supplier's invoices. The person answering says, "Supplier parts desk," discusses Purchaser's open order, and changes the shipping date. At trial, Purchaser offers testimony about the...
Citations: Fed. R. Evid. 901(b)(6)
Witness testifies at trial that she cannot remember whether Defendant ran the red light. At her deposition in the same case, under penalty of perjury and while subject to cross-examination, Witness testified that Defenda...
Citations: Fed. R. Evid. 801(d)(1)(A)
...The judge made no findings and did not consider alternatives. Before evidence began, the judge also told Lena that a bench trial would be faster. Lena nodded but never signed a written waiver or personally stated that s...
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
...gerous activity strict liability for blasting and scope of risk. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts, Restatement (Third) of Torts
...ty claim? This question tests classic blasting strict liability. NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...am. In the worker's negligence action, how should the court treat the evidence of industry custom? This question tests how custom affects breach. NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
Citations: NCBE MBE Subject Matter Outline, Torts, The T.J. Hooper custom principle
...then opened Lena's closed bedroom door, searched the nightstand for "evidence of unauthorized pets," and used his phone to record the bedroom and bathroom. The landlord later reviewed the video but never posted it. The...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...s wrist fracture would have occurred anyway. How should the seat-belt evidence affect damages? This question tests seat-belt nonuse as a damages limitation where the jurisdiction allows it. NCBE MBE Subject Matter Outlin...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Third) of Torts
...scovered a deep burn on her shoulder, far from the surgical site. The evidence showed that a warming device had been placed near her shoulder during the operation, and that the device and the patient's position were cont...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
...accurate? The correct answer applies Rule 803(2)'s excited-utterance foundation. Fed. R. Evid. 803(2)
Citations: Fed. R. Evid. 803(2)
...er refused to take more than 800. Analyze statute of frauds and parol evidence issues for the lobby lease and the mug modification. This essay tests signed memoranda, linked writings, later modifications, statute-of-frau...
Citations: Restatement (Second) of Contracts 131, Restatement (Second) of Contracts 132, Restatement (Second) of Contracts 149, UCC 2-201, UCC 2-209
...d letter existed and argues that the jury should never hear secondary evidence unless the judge first finds that the letter existed and contained the clause. How should the court analyze the evidence under Rules 1007 and...
Citations: Fed. R. Evid. 1007, Fed. R. Evid. 1008, Fed. R. Evid. 801(d)(2)
...Which statement is most accurate? The correct answer states the basic foundation for coconspirator opposing-party statements. Fed. R. Evid. 801(d)(2)(E)
Citations: Fed. R. Evid. 801(d)(2)(E)
...pany's records custodian reciting the elements of the business-record foundation. Defendant gave Plaintiff written notice and a copy of the records before trial. Plaintiff objects that the custodian must appear live to a...
Citations: Fed. R. Evid. 902(11), Fed. R. Evid. 803(6)
...reement. Developer offers screenshots of text messages from a phone number saved in Developer's phone as "Mara-Investor." In the messages, the sender refers to Developer by a childhood nickname, mentions the exact addres...
Citations: Fed. R. Evid. 901(a), Fed. R. Evid. 901(b)(1), Fed. R. Evid. 901(b)(4)
USABarPrep Coach