Crucial Exams

Multistate Bar Examination Practice Question

During a civil trial in federal court, the plaintiff submits a proposed instruction for the jury. The defendant disagrees with the instruction, arguing that it misstates the applicable standard of proof for the plaintiff’s negligence claim. Which option below reflects the BEST step the defendant should take to preserve the issue for appellate review?

  • File a formal motion outside the presence of the jury requesting clarification of the standard of proof.

  • Submit an alternative instruction to the court without stating an objection to the plaintiff’s proposed instruction.

  • Timely object to the proposed instruction before the jury begins deliberations, specifying the misstatement of the applicable standard of proof.

  • Wait until after the verdict is delivered to challenge the jury instruction in a posttrial motion.

Multistate Bar Examination
Civil Procedure
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