MO Bar Civil Procedure and Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Civil Procedure (applicable on the MBE), what is the pleading standard established in Twombly and Iqbal?
- Notice pleading
- Plausibility pleading (Correct answer)
- Fact pleading
- Heightened pleading
Correct answer: Plausibility pleading
Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal require pleadings to state a plausible claim for relief, going beyond mere conclusory allegations.
Question 2: Under the Federal Rules, a defendant must respond to a complaint within how many days after being served?
- 14 days
- 21 days (Correct answer)
- 28 days
- 30 days
Correct answer: 21 days
Under FRCP Rule 12(a)(1)(A)(i), a defendant must serve an answer within 21 days after being served with the summons and complaint.
Question 3: Which evidentiary doctrine makes prior consistent statements of a witness admissible to rehabilitate their credibility after a charge of recent fabrication?
- FRE 801(d)(1)(A)
- FRE 801(d)(1)(B) (Correct answer)
- FRE 803(1)
- FRE 612
Correct answer: FRE 801(d)(1)(B)
FRE 801(d)(1)(B) allows prior consistent statements to rebut a charge of recent fabrication or improper motive, treating them as non-hearsay.
Question 4: Under FRE 404(b), evidence of prior bad acts is generally inadmissible to show character, but admissible for which purpose?
- To show the defendant is a bad person
- To prove propensity to commit crimes
- To show motive, opportunity, intent, knowledge, or absence of mistake (Correct answer)
- To prove guilt by association
Correct answer: To show motive, opportunity, intent, knowledge, or absence of mistake
FRE 404(b) permits prior bad act evidence when offered for a specific purpose other than character, such as proving motive, intent, plan, knowledge, identity, or absence of mistake.
Question 5: Which standard governs the admissibility of expert testimony under federal law?
- Frye general acceptance test
- Daubert reliability test (Correct answer)
- Relevance-only test
- Qualification test
Correct answer: Daubert reliability test
Under Daubert v. Merrell Dow Pharmaceuticals and FRE 702, the trial judge acts as gatekeeper to ensure expert testimony is based on sufficient facts, reliable methods, and proper application.
Question 6: Which doctrine allows a federal court sitting in diversity to apply state substantive law but federal procedural law?
- Supremacy doctrine
- Erie doctrine (Correct answer)
- Vertical stare decisis
- Choice of law
Correct answer: Erie doctrine
Erie Railroad Co. v. Tompkins held that federal courts in diversity cases must apply the substantive law of the state in which they sit, while following federal procedural rules.
MO Bar Civil Procedure and Evidence 1
Under the Federal Rules of Civil Procedure (applicable on the MBE), what is the pleading standard established in Twombly and Iqbal?