MBE Civil Procedure: Trial

Explore the essential principles and rules governing trial procedures tested on the MBE.

Overview

The trial phase in civil procedure is a critical component of litigation where disputes are adjudicated. This section examines the various aspects of trials, including jury selection, admission of evidence, trial motions, and verdicts. Key procedural rules and standards are applicable, influencing how trials are conducted and how parties can present their claims and defenses effectively.

The rules governing trials emphasize fairness and efficiency, focusing on procedural protections like the right to a jury trial, the standard of proof, and the importance of maintaining an orderly process. Familiarity with these rules is crucial, as candidates may encounter questions on issues ranging from motions for directed verdicts to jury instructions and post-trial motions. As a test-taker, understanding the nuances of trial procedures will aid in dissecting and addressing MBE questions accurately and effectively.

Key Rules

Rule 38: Right to Jury Trial
Rule 39: Trial by Jury or by the Court
Rule 50: Judgment as a Matter of Law
Rule 51: Instructions to the Jury
Rule 54: Judgment; Costs
Rule 59: New Trials; Amendment of Judgments

Common Question Patterns

Analyzing potential jury instructions and their implications.
Determining the appropriateness of evidence admitted or excluded during trial.
Assessing the grounds for motions for judgment as a matter of law.
Evaluating the implications of a jury's verdict and related post-trial motions.

Practice Questions

1. During a civil trial, the plaintiff's attorney moves for a directed verdict after the defendant rests. What is the standard the court must apply in considering this motion?

A. A) The plaintiff has presented sufficient evidence to prove all elements of the claim.

B. B) Reasonable jurors could not disagree on the outcome of the case.(Correct)

C. C) The evidence overwhelmingly favors the plaintiff.

D. D) There is a legitimate factual dispute that must be resolved by a jury.

Explanation: In considering a motion for a directed verdict, the court must determine whether reasonable jurors could disagree on the outcome, thus requiring the matter to be sent to the jury.

2. The judge instructs the jury that they must reach a unanimous verdict. Which of the following statements is true regarding the verdict?

A. A) It is sufficient for a majority to agree.

B. B) Jurisdictions differ as to whether a unanimous verdict is required.

C. C) A non-unanimous verdict can be rendered if the judge allows it.

D. D) A unanimous verdict is typically required in federal courts.(Correct)

Explanation: In federal court civil trials, a unanimous verdict by the jury is generally required unless the parties agree otherwise.

3. During trial, the defendant attempts to introduce a previous conviction of the plaintiff to undermine the plaintiff's credibility. Under the Federal Rules of Evidence, how is this evidence likely to be treated?

A. A) Always admissible to attack credibility.

B. B) Inadmissible unless it meets specific criteria.

C. C) Admissible only if the conviction involved dishonesty.(Correct)

D. D) Automatically excluded due to its prejudicial nature.

Explanation: Previous convictions can be admitted for impeachment purposes under Rule 609 if they involve dishonesty or false statement, subject to Rule 403's balancing test.

4. A jury trial has concluded, and the jury returns a verdict in favor of the defendant. The plaintiff believes the verdict is unjust and seeks a new trial. What is the most likely basis the plaintiff could argue for the motion?

A. A) The jury reached a verdict based on insufficient evidence.

B. B) The jury was improperly instructed on the law.(Correct)

C. C) The defendant lied during the trial.

D. D) The jury was biased against the plaintiff.

Explanation: A motion for a new trial can be based on flawed jury instructions, which could have misled the jury in its application of the law.

5. A civil lawsuit is tried without a jury. What is this type of trial called, and what is the standard of proof the plaintiff must meet?

A. A) Bench trial; preponderance of the evidence.(Correct)

B. B) Jury trial; beyond a reasonable doubt.

C. C) Bench trial; clear and convincing evidence.

D. D) Summary trial; substantial evidence.

Explanation: In a bench trial, the judge determines the outcome and the standard of proof is typically 'preponderance of the evidence.'

Test-Taking Tips

Carefully read each question and identify key terms related to trial procedures.
Understand the differences between motions during and after trial periods.
Practice applying rules to hypothetical fact patterns common in MBE questions.

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