MO Bar Civil Procedure and Evidence

Question 1

Under the Federal Rules of Civil Procedure (applicable on the MBE), what is the pleading standard established in Twombly and Iqbal?

Accepted Answer

Plausibility pleading

Answer

Notice pleading

Answer

Fact pleading

Answer

Heightened pleading

Question 2

Under the Federal Rules, a defendant must respond to a complaint within how many days after being served?

Accepted Answer

21 days

Answer

14 days

Answer

28 days

Answer

30 days

Question 3

Which evidentiary doctrine makes prior consistent statements of a witness admissible to rehabilitate their credibility after a charge of recent fabrication?

Accepted Answer

FRE 801(d)(1)(B)

Answer

FRE 801(d)(1)(A)

Answer

FRE 803(1)

Answer

FRE 612

Question 4

Under FRE 404(b), evidence of prior bad acts is generally inadmissible to show character, but admissible for which purpose?

Accepted Answer

To show motive, opportunity, intent, knowledge, or absence of mistake

Answer

To show the defendant is a bad person

Answer

To prove propensity to commit crimes

Answer

To prove guilt by association

Question 5

Which standard governs the admissibility of expert testimony under federal law?

Accepted Answer

Daubert reliability test

Answer

Frye general acceptance test

Answer

Relevance-only test

Answer

Qualification test

Question 6

Which doctrine allows a federal court sitting in diversity to apply state substantive law but federal procedural law?

Accepted Answer

Erie doctrine

Answer

Supremacy doctrine

Answer

Vertical stare decisis

Answer

Choice of law