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MisconceptionObserved in bank

Any Rule 50 A Motion Preserves Every Rule 50 B Ground

This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”

Subject distribution

  • Civil Procedure1

Example wrong choices

  • 17117_day_school_playground_jmol · CIVIL_PROCEDURE · Choice AYes, because any pre-verdict Rule 50(a) motion preserves every possible post-verdict Rule 50(b) ground, regardless of whether the ground was raised before submission.

    Why it's attractive

    The choice asserts a flat rule that any pre-verdict Rule 50(a) motion preserves every possible post-verdict Rule 50(b) ground. The doctrinal overclaim is not student-accessibly false without the Gold Key.

    Why it's wrong

    The choice asserts a flat rule that any pre-verdict Rule 50(a) motion preserves every possible post-verdict Rule 50(b) ground. The doctrinal overclaim is not student-accessibly false without the Gold Key.

  • 17117_day_school_playground_jmol · CIVIL_PROCEDURE · Choice CNo, because Rule 50(b) is available only to plaintiffs, not to defendants, after an adverse jury verdict.

    Why it's attractive

    The choice asserts a party-availability rule that is the inverse of the actual rule. Rule 50 is available to any party meeting the Rule 50 requirements; a defendant after an adverse jury verdict is the paradigmatic Rule 50(b) movant.

    Why it's wrong

    The choice asserts a party-availability rule that is the inverse of the actual rule. Rule 50 is available to any party meeting the Rule 50 requirements; a defendant after an adverse jury verdict is the paradigmatic Rule 50(b) movant.

  • 17117_day_school_playground_jmol · CIVIL_PROCEDURE · Choice DYes, because causation is more important than damages, and a court may grant renewed JMOL on any ground that is more important than the ground the defendant did raise pre-verdict.

    Why it's attractive

    The choice converts a doctrinal-strength observation into a preservation rule. Importance does not substitute for preservation; Rule 50(b) is a renewal motion, not an importance-priority vehicle.

    Why it's wrong

    The choice converts a doctrinal-strength observation into a preservation rule. Importance does not substitute for preservation; Rule 50(b) is a renewal motion, not an importance-priority vehicle.

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Practice questions using this trap →
Any Rule 50 A Motion Preserves Every Rule 50 B Ground — Trap Taxonomy | BarMatrix