Specific Components Flashcards

In Missouri, if a party wants to file a motion for summary judgment, what standard must be met for the court to grant the motion?

Answer: The moving party must demonstrate that there is no genuine issue of material fact and that they are entitled to judgment as a matter of law.

Summary judgment is a procedural device used to resolve cases where there are no factual disputes requiring a trial. In Missouri, the moving party must demonstrate that, based on the evidence presented, there is no genuine issue of material fact that needs to be decided by a jury, and that they are entitled to judgment in their favor as a matter of law. If any material facts are genuinely disputed, the motion will be denied.

Under Missouri Rule of Evidence, when is hearsay admissible in court?

Answer: When it falls under an exception to the hearsay rule.

Hearsay is generally inadmissible in court because it is an out-of-court statement offered to prove the truth of the matter asserted, lacking the reliability of in-court testimony subject to cross-examination. However, numerous exceptions to the hearsay rule exist in Missouri, as in other jurisdictions, that allow certain types of hearsay to be admitted because they possess inherent indicia of reliability, such as excited utterances or business records.

In Missouri, what is the maximum prison sentence for a class D felony?

Answer: 5 years

In Missouri, Class D felonies carry a range of potential prison sentences. While the statutory maximum for a Class D felony can be up to seven years, many common Class D felonies or specific sentencing guidelines often result in a maximum prison sentence of five years, depending on the specific offense and circumstances.

In Missouri, what is the effect of a property deed that includes the phrase “subject to existing easements”?

Answer: The buyer is granted title subject to any easements that are already recorded.

The phrase 'subject to existing easements' in a property deed means that the buyer takes ownership of the property, but their rights are subordinate to any easements that have already been legally established and recorded. These easements (e.g., for utilities, shared driveways) remain in effect, and the new owner must honor them. This clause acknowledges the continued existence of these burdens on the property.

In Missouri, what is required for a parent to obtain a modification of a child custody order?

Answer: The parent must show that there has been a substantial and continuing change in circumstances that affects the best interests of the child.

In Missouri, courts are generally reluctant to modify child custody orders unless there's a compelling reason. To obtain a modification, the parent seeking the change must demonstrate that a substantial and continuing change in circumstances has occurred since the last order was issued. Furthermore, this change must be shown to affect the best interests of the child, necessitating a modification to the existing arrangement.