NCBE Uniform Bar Exam (UBE) Practice Exam

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Can a trial court grant a new trial for only a specific issue rather than the entire case?

No, it must be for the entire case

Yes, only for damages or specific issues

A trial court can grant a new trial for only a specific issue, such as damages or other particular points of contention, rather than for the entire case. This approach is often utilized to avoid the costs and delays associated with retrying an entire case when only a specific aspect is in dispute.

In practice, courts may find that certain issues, like the determination of damages or the resolution of particular legal questions, can be severed from the broader case. This allows the court to rectify errors or reconsider decisions without needing to revisit every element of the trial. Consequently, option B accurately reflects the flexibility courts hold in addressing such matters, promoting judicial efficiency and ensuring that justice can still be served on narrower grounds when full retrials would be excessive.

The other choices are not aligned with typical procedural norms in trial courts, which is why they do not represent correct scenarios in this context.

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Yes, but only if agreed by both parties

No, only appellate courts can do that

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