Mixed Deck — All MO BAR Topics Flashcards

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.

Which constitutional amendment prohibits cruel and unusual punishment?

Answer: Eighth Amendment

The Eighth Amendment prohibits cruel and unusual punishment, applying to criminal sentences and conditions of confinement.

During a routine traffic stop, an officer searches a vehicle without a warrant and finds illegal drugs. The driver argues that the search was unconstitutional. How will the court likely rule?

Answer: The evidence will be admissible if the officer had probable cause to search.

While warrantless searches are generally presumed unconstitutional under the Fourth Amendment, there are several exceptions. The 'automobile exception' allows law enforcement to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime. If the officer had probable cause to believe illegal drugs were in the vehicle, the search would be lawful, and the evidence admissible.

Under the 'but-for' test of actual causation, a defendant's conduct is the cause-in-fact of plaintiff's injury when:

Answer: The injury would not have occurred but for the defendant's negligent conduct

The but-for test asks whether the harm would not have occurred but for the defendant's negligent act.

A public figure suing for defamation must prove 'actual malice,' which means:

Answer: Knowledge that the statement was false or reckless disregard for its truth or falsity

Under New York Times v. Sullivan, actual malice means the defendant made the statement with knowledge of its falsity or with reckless disregard for its truth or falsity.

A property owner grants a neighbor the right to use a path across their land for 20 years. What type of interest does the neighbor have in the path?

Answer: Easement

An easement is a non-possessory interest in land that grants one party the right to use another's property for a specific purpose. In this case, the neighbor has the right to use the path, but does not own the land itself. The grant for a defined period (20 years) is consistent with the nature of an easement, which allows for specific, limited use of another's property.

A buyer and seller enter into a contract for the sale of goods. The contract specifies that delivery is to be made within 30 days. After 20 days, the buyer notifies the seller that they no longer wish to proceed with the contract. What is the legal effect of the buyer’s notification?

Answer: The seller can accept the buyer's notification and terminate the contract without penalty.

This scenario describes anticipatory repudiation, where the buyer clearly indicates an unwillingness to perform their contractual obligations before the performance is due. Under the Uniform Commercial Code (UCC), which governs the sale of goods, the non-breaching party (the seller) can treat this as an immediate breach. The seller is then entitled to terminate the contract and pursue remedies without having to wait for the original delivery date or continue with their own performance.

Which constitutional doctrine holds that the federal government's enumerated powers are supreme over conflicting state laws?

Answer: Preemption

The Supremacy Clause establishes federal preemption, meaning valid federal law overrides conflicting state law.

A 'design defect' in a products liability case under the consumer expectations test exists when:

Answer: The product failed to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner

Under the consumer expectations test, a design defect exists when the product fails to meet the safety expectations of an ordinary consumer in normal use.

Under the Federal Rules, which discovery mechanism allows a party to obtain documents and other tangible things from another party without deposing a witness?

Answer: Request for production

Rule 34 requests for production allow parties to inspect and copy documents, electronically stored information, and tangible things from another party.

Which element distinguishes intentional infliction of emotional distress (IIED) from negligent infliction of emotional distress (NIED)?

Answer: IIED requires extreme and outrageous conduct intended to cause severe distress; NIED requires only negligent conduct

IIED requires intentional or reckless extreme and outrageous conduct causing severe emotional distress, whereas NIED is based on a negligence standard.

Which constitutional provision prohibits states from passing laws that impair the obligation of contracts?

Answer: The Contracts Clause

The Contracts Clause in Article I, Section 10 prohibits states from enacting laws that substantially impair existing contractual obligations.

Missouri's comparative fault applies to strict products liability claims. Which defense is generally NOT available in a strict liability case in Missouri?

Answer: Contributory negligence as a complete bar

Missouri follows pure comparative fault in strict liability cases, so contributory negligence is not a complete bar; instead, plaintiff's fault reduces but does not eliminate recovery.

In a products liability case based on manufacturing defect, a plaintiff must show:

Answer: The product deviated from its intended design in a way that made it unreasonably dangerous

A manufacturing defect claim requires showing that the specific product deviated from the intended design, making it more dangerous than products that conform to the design.

Under the Establishment Clause, which test historically asked whether a law had a secular purpose, neither advanced nor inhibited religion, and avoided excessive entanglement?

Answer: The Lemon test

The Lemon test from Lemon v. Kurtzman (1971) set a three-part framework for evaluating Establishment Clause challenges, though recent decisions have moved away from it.

Under the UCC Article 2, which type of contract governs the sale of goods in Missouri?

Answer: Sales of goods contracts

UCC Article 2 governs contracts for the sale of goods—movable, tangible personal property—and has been adopted in Missouri.

Which type of evidence is automatically excluded when obtained in violation of the Fourth Amendment?

Answer: Fruit of the poisonous tree

Under the exclusionary rule and fruit of the poisonous tree doctrine, evidence obtained as a direct or indirect result of a Fourth Amendment violation is inadmissible.

Which of the following is a valid affirmative defense to an assault claim?

Answer: The plaintiff consented to the defendant's conduct

Consent is a complete defense to assault; if the plaintiff agreed to the conduct, the defendant is not liable.

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

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.

Under the First Amendment, which type of speech receives the least constitutional protection?

Answer: Obscene speech

Obscene speech falls outside First Amendment protection entirely under the Miller v. California three-part test.