MPE PQ 7 Flashcards
1
Q
Which Constitutional Amendment Allows Congress to Regulate Private Conduct?
A
13th Amendment
2
Q
What is the time limit for a motion for a new trial?
A
28 days following the entry of order
3
Q
What is the time limit for a Relief from Judgment Motion?
A
One year following the entry of order
4
Q
What is a Relief from Judgment Motion?
A
- relieve a party from a final judgment for
- newly discovered evidence that
- could not have been discovered with reasonable diligence.
5
Q
What state’s laws are used when determining how to provide a summons?
A
Both the forum state and the state where service is made. Either one’s laws can apply.
6
Q
What is the requirement for a preliminary hearing?
A
- a preliminary hearing must be held to determine whether probable cause for detention of defendant exists within 48 hours of defendant’s arrest
- probable cause can be shown by Grand Jury indictment and a hearing will not be necessary then.
7
Q
What is the default type of liability imposed on the bar exam?
A
Joint and several liability.
