Identify Gaps in Provided Materials - Next Generation Bar Exam

1. A police report describes a drug seizure from the defendant's car but does not say why the officer stopped the car. What is the critical gap?

   The basis for the stop. A stop requires reasonable suspicion, and its absence may require suppression.

2. What gap in a witness interview most undermines its usefulness?

   Failure to establish how the witness knows the facts described. Without personal knowledge, the testimony may be inadmissible.

3. In reviewing documents produced in discovery, what gap is shown by gaps in date sequences or missing attachments?

   Possible withheld or lost documents requiring follow-up. Counsel may seek production, a privilege log, or an explanation.

4. In reviewing a confession, what gap is most important to address for a Miranda challenge?

   Whether the suspect was in custody and whether warnings were given and waived. Custodial interrogation without valid warnings and waiver triggers exclusion.

5. What is a gap in a police report reviewed for a criminal defense?

   Missing information about facts needed to evaluate an element or defense. Examples include the basis for a stop, the chain of custody, or witness identities.

6. In reviewing interview notes of a key witness, what gap is shown by the absence of the witness's contact information?

   The inability to locate the witness for further interview or subpoena. Investigators should record full contact details.

7. In reviewing a police report of an eyewitness identification, what information is commonly missing but essential?

   The conditions of the identification, such as lighting, distance, and the procedure used. These facts bear on reliability and suggestiveness.

8. In reviewing discovery responses, what gap is shown by an answer that does not address part of an interrogatory?

   An incomplete response requiring supplementation or a motion to compel. Under FRCP 37(a)(4), an evasive or incomplete answer is treated as a failure to answer.

9. A witness statement says the defendant ran the red light but does not say where the witness was standing. What is the critical gap?

   The witness's vantage point and ability to observe. Location bears on personal knowledge and credibility.

10. A lab report identifies a substance as cocaine but no record shows who handled the sample before testing. What is the critical gap?

    The chain of custody. A broken chain may undermine authentication of the sample.

11. Under FRCP 26(e), what must a party do when it learns that a discovery response is incomplete or incorrect?

    Supplement or correct the response in a timely manner. Supplementation is unnecessary if the information was otherwise made known in discovery or writing.

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