MO Bar Civil Procedure and Evidence 2

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?

Accepted Answer

Request for production

Answer

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?

Accepted Answer

While perceiving an event or immediately thereafter

Answer

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?

Accepted Answer

FRCP 56

Answer

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?

Accepted Answer

Negligence or culpable conduct

Answer

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?

Accepted Answer

Attorney-client privilege

Answer

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.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Civil Procedure and Evidence 2