MO Bar Civil Procedure and Evidence 2 — Questions and Answers
Question 1: Under the Federal Rules, which discovery mechanism allows a party to obtain documents and other tangible things from another party without deposing a witness?
- Interrogatories
- Request for production (Correct answer)
- Deposition on written questions
- Subpoena duces tecum
Correct answer: Request for production
Rule 34 requests for production allow parties to inspect and copy documents, electronically stored information, and tangible things from another party.
Question 2: Under FRE 803, the present sense impression exception to hearsay applies to statements made when?
- During the excitement of a startling event
- While perceiving an event or immediately thereafter (Correct answer)
- In anticipation of death
- During regular business activity
Correct answer: While perceiving an event or immediately thereafter
FRE 803(1) excepts present sense impressions—statements describing an event made while perceiving it or immediately thereafter—from the hearsay rule.
Question 3: A motion for summary judgment should be granted when there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law under which rule?
- FRCP 12(b)(6)
- FRCP 56 (Correct answer)
- FRCP 50
- FRCP 41
Correct answer: FRCP 56
FRCP Rule 56 governs summary judgment, which is appropriate when the record shows no genuine issue of material fact and the movant deserves judgment as a matter of law.
Question 4: Under FRE 407, evidence of subsequent remedial measures is generally inadmissible to prove which of the following?
- Ownership and control
- Feasibility of precautionary measures
- Negligence or culpable conduct (Correct answer)
- Knowledge of the defect
Correct answer: Negligence or culpable conduct
FRE 407 bars subsequent remedial measures evidence when offered to prove negligence, culpable conduct, defective product design, or need for warning, to encourage defendants to make repairs.
Question 5: Which privilege protects confidential communications between attorney and client made for the purpose of obtaining legal advice?
- Work product doctrine
- Attorney-client privilege (Correct answer)
- Common interest privilege
- Spousal privilege
Correct answer: Attorney-client privilege
The attorney-client privilege protects confidential communications between attorney and client made in the course of seeking or providing legal advice, and belongs to the client.
Question 6: Under civil procedure, which standard must be met before a preliminary injunction may be issued?
- Preponderance of the evidence
- Likelihood of success on the merits, irreparable harm, balance of equities, public interest (Correct answer)
- Clear and convincing evidence
- Beyond a reasonable doubt
Correct answer: Likelihood of success on the merits, irreparable harm, balance of equities, public interest
A court may issue a preliminary injunction upon showing: likelihood of success on the merits, irreparable harm without relief, balance of hardships favoring the movant, and that it serves the public interest.
MO Bar Civil Procedure and Evidence 2
Under the Federal Rules, which discovery mechanism allows a party to obtain documents and other tangible things from another party without deposing a witness?