Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium
A plaintiff filed a lawsuit against a defendant. The defendant believes that the plaintiff has failed to establish a prima facie case and that no reasonable jury could find in favor of the plaintiff based on the evidence presented during trial. What is the most appropriate motion for the defendant to file after the plaintiff has presented all their evidence at trial?
- AMotion for summary judgment under Federal Rule of Civil Procedure 56.
- BMotion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a).
- CMotion to dismiss under Federal Rule of Civil Procedure 12(b)(6).
- DMotion for a new trial under Federal Rule of Civil Procedure 59.
Show answer & explanationAnswer & explanation
Correct answer: B. Motion for judgment as a matter of law under Federal Rule of Civil Procedure 50(a).
A motion for judgment as a matter of law (JMOL), formerly known as a directed verdict, is made during trial, after a party has been fully heard on an issue. It asserts that there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue.
Why the other options are wrong
- A. Summary judgment is a pre-trial motion, filed before the trial begins, based on the entire record (pleadings, discovery, affidavits) to show no genuine dispute of material fact.
- C. A Rule 12(b)(6) motion to dismiss for failure to state a claim is a pre-answer motion, challenging the legal sufficiency of the *complaint*, not the evidence presented at trial.
- D. A Rule 59 motion for a new trial is filed *after* a verdict has been rendered, asking the court to set aside the verdict and order a new trial due to errors or a verdict against the clear weight of the evidence.
Motion for Judgment as a Matter of Law (JMOL) (Rule 50(a))
A motion made during a jury trial, after a party has presented its case, asserting that no reasonable jury could find for that party on a given issue based on the evidence presented.
- Made at the close of the plaintiff's evidence or at the close of all evidence.
- Challenges the legal sufficiency of the evidence.
- If granted, the judge enters judgment without the jury's deliberation.
Memory trick: At 'Trial', 'Motions' challenge the 'Evidence' for a 'Verdict'.