...er specialized repair training. The plaintiff offers the testimony as lay opinion because the technician personally inspected the machine. Which statement is most accurate? The correct answer applies Rule 701(c)'s specia...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702
...How should the court rule on the proposed opinion testimony? Discuss lay opinion, expert opinion, helpfulness, specialized knowledge, and any disclosure or reliability issues. This essay tests the boundary between lay o...
Citations: Fed. R. Evid. 701, Fed. R. Evid. 702, Fed. R. Evid. 403
A medical expert forms an opinion partly 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...
Citations: Fed. R. Evid. 703
A plaintiff offers a fire investigator's expert opinion that a defective appliance caused a house fire. The investigator is qualified, but the defendant challenges whether the investigator used reliable methods and relia...
Citations: Fed. R. Evid. 702
At trial, a qualified engineering expert is asked for her opinion on why a crane failed. Opposing counsel objects that the expert cannot state an opinion until she first lists every measurement, photograph, and calculati...
Citations: Fed. R. Evid. 705
...l law." How should the court analyze the proposed testimony under the opinion rules? Discuss ultimate issues, Rule 704(b), expert helpfulness, and legal conclusions. This essay tests ultimate issue testimony and the crim...
Citations: Fed. R. Evid. 704, Fed. R. Evid. 702, Fed. R. Evid. 403
...n. How should the court analyze the admissibility of Dr. Lin's expert opinion under Rule 702? Discuss qualification, sufficient facts or data, reliable principles and methods, reliable application, and helpfulness. This...
Citations: Fed. R. Evid. 702, Fed. R. Evid. 403
In a car-crash trial, a pedestrian who saw the collision from the curb testifies that the defendant's car was "going very fast, around 50 miles per hour." The pedestrian is not an accident-reconstruction expert. Defen...
Citations: Fed. R. Evid. 701
Defendant is charged with knowingly possessing counterfeit access cards. A defense psychiatrist will testify that Defendant has a cognitive disorder that makes him unusually suggestible. The defense also wants the psy...
Citations: Fed. R. Evid. 704(b), Fed. R. Evid. 702
In a complex federal groundwater-contamination case, both sides offer hydrogeologists with sharply conflicting models. After a hearing, the judge appoints Dr. Silva as a neutral expert under Rule 706 to help the jury...
Citations: Fed. R. Evid. 706, Fed. R. Evid. 403
In a complex patent-damages case, the court appoints a neutral accounting expert under Rule 706. One party asks to depose and cross-examine the expert. The other argues that court-appointed experts are neutral and the...
Citations: Fed. R. Evid. 706
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 engine...
Citations: Fed. R. Evid. 702
In a negligence trial, a qualified accident-reconstruction expert will testify that the defendant's truck crossed the center line and caused the collision. The defendant objects that causation is the ultimate issue fo...
Citations: Fed. R. Evid. 704(a), Fed. R. Evid. 704(b)
...terviews and all details of the medical literature before stating his opinion. PharmaCo objects that the family statements are inadmissible hearsay and that the literature excerpts will confuse the jury. Patient says Rul...
Citations: Fed. R. Evid. 703, Fed. R. Evid. 705, Fed. R. Evid. 702
...actor objects that only a retained valuation expert may give a dollar opinion. Which statement is most accurate? The correct answer applies Rule 701 to owner valuation testimony. Fed. R. Evid. 701
Citations: Fed. R. Evid. 701
...efendant 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 and...
Citations: NCBE NextGen UBE Content Scope, Criminal Procedure, U.S. Const. amend. VI, Barker v. Wingo
A store customer personally saw a delivery driver knock over a display. A ceiling camera also recorded the event. At trial, the customer testifies about what she saw. The driver objects that the store must produce the vi...
Citations: Fed. R. Evid. 1002, Fed. R. Evid. 602
A task memo asks for an opinion letter to the client about a threatened contract dispute. A student wants to address the letter to opposing counsel and threaten immediate litigation because the client's position is fairl...
Citations: NCBE MPT preparation materials
An MPT task memo asks you to draft an opinion letter to GreenSteps, a landscaping company that wants to hire a sales manager who recently left a competitor. The former employer sent a letter threatening to sue if GreenSt...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An MPT task memo asks you to draft an opinion letter to Maria, the owner of a neighborhood cafe. Maria wants to know whether she may stop paying rent and terminate her five-year commercial lease because the landlord has...
Citations: NCBE MPT preparation materials, NCBE MPT overview
An opinion letter to a nonlawyer client must rely on a statute and two cases from the Library. How should the letter use those authorities? The correct answer states how to use legal authority in a client-facing MPT lett...
Citations: NCBE MPT preparation materials
During a recreational basketball game, one player intentionally punched another player in the face after the referee blew the whistle and stopped play. The punched player sues for battery. The punching player argues that...
Citations: NCBE MBE Subject Matter Outline, Torts, Restatement (Second) of Torts
A buyer wrongfully rejected 100 custom display racks priced at $200 each. The seller resold the racks in a commercially reasonable sale for $150 each and incurred $600 in reasonable storage and resale expenses. The selle...
Citations: UCC 2-703, UCC 2-706, UCC 2-710, NCBE NextGen UBE Content Scope, Contracts
A client asks for an opinion letter about terminating a lease after the landlord failed to repair the building. The File also shows that the client withheld rent before giving the written notice required by the lease. Th...
Citations: NCBE MPT preparation materials
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