Multistate Bar Examination Practice Question

In a breach of contract case, after the plaintiff has presented all of their evidence but before the defendant calls any witnesses, the defendant files a motion for judgment as a matter of law. Which of the following most accurately describes the standard a court must apply when deciding whether to grant the defendant’s motion?

  • The court must determine whether a reasonable jury could find in favor of the plaintiff when viewing the evidence in the light most favorable to them.

  • The court must decide if the evidence offered by the plaintiff is sufficiently persuasive and reasonably credible.

  • The court must assess whether the plaintiff has provided sufficient evidence to establish their case by a preponderance of the evidence.

  • The court must assess the credibility of witnesses alongside any reasonable inferences drawn from the plaintiff’s evidence.

Multistate Bar Examination
Civil Procedure
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