Free MO Bar Specific Components Questions and Answers
In Missouri, if a party wants to file a motion for summary judgment, what standard must be met for the court to grant the motion?
In Missouri, as in other jurisdictions, a motion for summary judgment is appropriate when the moving party can show that there are no genuine issues of material fact that need to be resolved at trial and that they are entitled to judgment as a matter of law. This means that even if all factual disputes are resolved in favor of the non-moving party, the moving party still wins as a matter of law.
In Missouri, what is required for a parent to obtain a modification of a child custody order?
To obtain a modification of a child custody order in Missouri, the parent seeking the change must show that there has been a substantial and continuing change in circumstances that affects the best interests of the child. This standard ensures that custody modifications are made only when necessary to serve the child’s welfare and are not based on temporary or minor issues.
In Missouri, what is the maximum prison sentence for a class D felony?
In Missouri, a class D felony is punishable by a maximum of 5 years in prison. Class D felonies are considered less severe than higher-class felonies, but they still carry significant legal consequences. The sentence for a class D felony may also include probation or other penalties, depending on the case specifics.
Under Missouri Rule of Evidence, when is hearsay admissible in court?
Hearsay, or out-of-court statements offered to prove the truth of the matter asserted, is generally inadmissible in court. However, there are several exceptions to the hearsay rule under Missouri law, such as statements made under the belief of impending death, business records, and statements made by a party opponent. These exceptions allow hearsay to be admitted under specific circumstances.
In Missouri, what is the effect of a property deed that includes the phrase “subject to existing easements”?
When a property deed includes the phrase “subject to existing easements,” it means that the buyer takes title to the property with any easements that are already recorded and affect the property. This clause ensures that the buyer acknowledges and accepts the presence of these easements as part of their ownership.