MO Bar Civil Procedure and Evidence 1

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

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?

Accepted Answer

21 days

Answer

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?

Accepted Answer

FRE 801(d)(1)(B)

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Daubert reliability test

Answer

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.

MO Bar - Missouri Bar Exam Practice Test

MO Bar - Missouri Bar Exam Practice Test

MO Bar Civil Procedure and Evidence 1