Crucial Exams

Multistate Bar Examination Practice Question

During a breach of contract trial, the plaintiff attempts to introduce a memo written by a company executive that is alleged to outline improper business practices. The defense argues that the memo is highly prejudicial and irrelevant. The judge agrees to exclude the memo. However, the plaintiff’s attorney wants to preserve the matter for appeal. What is the proper procedural step the plaintiff’s attorney should take?

  • Object to the exclusion of the memo and propose redaction of prejudicial portions.

  • Summarize the excluded evidence and move to reconsider the ruling verbally.

  • Make an offer of proof to explain the content and significance of the excluded evidence.

  • Ask for a recess to gather additional arguments supporting admissibility.

Multistate Bar Examination
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