Crucial Exams

Multistate Bar Examination Practice Question

A plaintiff in a breach of contract case was awarded a substantial jury verdict. After the trial, the defendant filed a motion for a new trial, arguing that the jury’s damages award was contrary to the clear weight of the evidence and was excessively high. Under federal procedural rules, what is a court required to consider when deciding whether to grant a new trial based on excessive damages?

  • Whether the jury adhered to the plaintiff’s specific demands as requested during closing arguments

  • Whether the defendant argued the issue of damages improperly during trial

  • Whether the damages award is larger than similar damage awards in prior cases involving comparable facts

  • Whether the jury’s damages award shocks the conscience of the court due to its excessiveness

Multistate Bar Examination
Civil Procedure
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