July 2024 · ORIGINAL INSTRUCTIONAL EXAMPLE

Essay 4: Civil Procedure
Sample Answer & Question Pointers

July 2024 California Bar Examination · Fact-specific analysis, an issue outline, and pointers on the official question.

By Bar Exam Doctor · Published November 4, 2026

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This is an original, ungraded instructional response. It is not an official State Bar selected answer, a scored student submission, or a claim of attorney review. Use it to compare reasoning and organization after attempting the question. Alternative reasoned analyses may be possible.

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The actual question, with pointers

Official source text with our added highlights and numbered notes. The PDF preserves the source layout. For the PT, the task, file, and substantive library pages appear below; the complete packet includes the instructions and dividers.

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Official source page 6

QUESTION 4 A car manufactured by Motor was in an accident. Palma was in the front passenger seat during the accident when her seat collapsed, resulting in serious injuries. Palma properly filed and served a complaint in California Superior Court against the manufacturer, Motor, asserting defective seat design. During jury selection, Juror #5 revealed that she had worked as a Motor engineer before retiring five years ago. Juror #5 also disclosed that she still owned 50 shares1 of Motor stock, which amounts to 2% of her total financial assets. Palma challenged the seating of Juror #5 for cause. The court denied Palma’s challenge because Juror #5 said she could be fair and impartial. During trial, Motor presented evidence that the seat was not defective and that any injuries Palma suffered were due to reclining the seat to an unsafe angle. Palma submitted evidence that at the time of the accident, a bookshelf was in the backseat, which prevented excessive reclining. At the close of evidence2, Palma moved for directed verdict, arguing that misusing a product is not a defense to defective design when that misuse is foreseeable. The court denied Palma’s motion and a jury verdict was issued in favor of Motor. Two weeks after the jury verdict and judgment, Palma received anonymous reports (“Reports”) of Motor safety tests conducted three years earlier. The Reports showed that severe injuries were likely regardless of the angle of the seats. One week3 after receiving the Reports, Palma filed a motion for a new trial, arguing that the verdict was flawed, and provided evidence that Motor had intentionally hidden the Reports. 1. Did the court err in seating Juror #5? Discuss. 2. Did the court correctly deny Palma’s motion for directed verdict? Discuss. 3. How should the court rule on Palma’s motion for a new trial? Discuss.

Before you write: issue outline

  1. Use the California state-court rules for implied juror bias and post-trial procedure.
  2. Evaluate directed verdict on the evidence available at trial, viewed favorably to Motor.
  3. Separate new-trial merits from the notice-based filing deadline.

1. Juror 5

The action is in California Superior Court, so California’s rules governing challenges for cause matter. Actual bias concerns the juror’s state of mind. Implied bias concerns specified relationships and interests for which the statute supplies a disqualification ground even if the juror believes she can be fair.

Code of Civil Procedure section 229(b) expressly includes holding shares in a corporate party. Juror 5 directly owns fifty Motor shares. The fact that they represent only two percent of her assets does not create a stated de minimis exception to this stockholder ground. Her assurance of impartiality therefore does not answer the implied-bias challenge. On that basis, seating her over the challenge was error.

Her former engineering job is a separate concern. Employment ending five years ago does not by itself establish a present employer–employee relationship, and no facts show that she designed this seat or has personal knowledge of the accident. It may warrant further inquiry into actual bias, but the existing stock ownership supplies the stronger statutory ground. Neither an assumption that she designed the product nor a finding that she intentionally concealed her holdings is needed.

2. Directed verdict

A directed verdict is proper when, giving the opposing party the benefit of the evidence and reasonable inferences, no sufficient evidentiary basis supports a verdict in its favor. The judge does not resolve genuine credibility disputes as though deciding the ultimate facts.

Palma argues that foreseeable misuse does not categorically defeat a design-defect claim. That is a meaningful legal proposition: manufacturers must account for reasonably foreseeable use and misuse, while comparative responsibility and extraordinary misuse can present distinct questions. But it does not eliminate Palma’s obligation to establish a defect and causation.

Motor presented evidence that the seat was not defective and that excessive reclining caused the injury. Palma’s bookshelf evidence contradicts that factual account, but a contradiction ordinarily gives the jury an issue to resolve. Accepting her evidence and rejecting Motor’s would improperly weigh the dispute on this motion. A reasonable jury could credit Motor’s evidence concerning design or causation. Denial of directed verdict was therefore proper on the record then available.

The later-discovered test reports cannot retroactively be treated as evidence before the court at the close of trial. They matter to post-trial relief, not to whether the judge correctly evaluated the evidentiary record at that earlier moment.

3. New-trial motion

Grounds and supporting proof

Section 657 allows a new trial for specified errors materially affecting substantial rights, including qualifying newly discovered evidence and irregularity preventing a fair trial. Palma must establish that the reports are genuine and material, that reasonable diligence would not have produced them at trial, and the requisite likelihood of a different result. An anonymous source does not automatically make the underlying corporate test records unusable, but it makes authentication and supporting declarations important.

The reports predate trial, address the precise safety question, and indicate severe injuries regardless of seat angle. They could undermine Motor’s main factual explanation. Evidence that Motor deliberately concealed them supports the inability to obtain them through reasonable diligence and a separate unfair-trial argument. It is stronger than merely discovering a different expert opinion after losing. If adequately established, these facts strongly support a new trial; they do not automatically direct entry of judgment for Palma or eliminate every remaining defect and causation issue.

Timing

California section 659 is not a general twenty-eight-day federal deadline. The ordinary outer limit is 180 days after entry of judgment, shortened to fifteen days after the applicable clerk or party service of notice of entry, whichever occurs first. A qualifying notice of intention to move is required, and discovering evidence does not ordinarily restart that period.

Palma filed approximately twenty-one days after judgment. If notice of entry was served at judgment, a first notice filed then is late. If no shortening notice was served, the filing falls within the outer limit. The problem does not state service of notice or an earlier notice of intention, so timeliness must be conditional rather than invented. Assuming timely compliance, the concealed material evidence supports granting a new trial. If the jurisdictional filing period expired, strong merits alone do not extend it.

Sources and further comparison

The official question controls its facts and jurisdiction. These responses address the exam scenario; subsequent legal changes and other fact patterns may require a different analysis. The PT uses the supplied fictional Columbia library, which must not be replaced with outside law.