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Missouri State Law and Ethics Flashcards

6 cards from real MO BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 Missouri State Law and Ethics flashcards as text

  1. Missouri's wrongful death statute allows which parties to bring a wrongful death claim?

    Answer: Spouse, children, parents, or siblings in specified order

    Missouri RSMo § 537.080 limits wrongful death actions to the spouse, children, parents, or siblings of the deceased, brought in a specified order of priority.

  2. Under Missouri Rules of Professional Conduct, which rule prohibits a lawyer from making false statements of material fact to a tribunal?

    Answer: Rule 3.3

    Missouri Rule 3.3 (Candor Toward the Tribunal) prohibits lawyers from making false statements of fact or law to a court and requires disclosure of directly adverse controlling authority.

  3. Under Missouri law, which standard of care applies to a physician accused of medical malpractice?

    Answer: Reasonable physician in the same or similar locality

    Missouri medical malpractice cases apply a reasonable physician standard in the same or similar locality and specialty, reflecting regional practice variations.

  4. Under Missouri's landlord-tenant law, which implied warranty requires residential landlords to maintain habitability?

    Answer: Implied warranty of habitability

    Missouri recognizes the implied warranty of habitability for residential leases, requiring landlords to maintain rental units in a livable condition throughout the tenancy.

  5. Under Missouri ethics rules, when a lawyer discovers that a client intends to commit a crime that will result in substantial financial harm to another, what may the lawyer do?

    Answer: May reveal the information to prevent the crime

    Missouri Rule 1.6(b) permits (but does not require) a lawyer to reveal confidential information to prevent reasonably certain substantial financial harm through the client's crime or fraud.

  6. Missouri follows which rule regarding an attorney's duty to disclose known perjury by their client?

    Answer: Attorney must take reasonable remedial measures, including disclosure if necessary

    Missouri Rule 3.3(b) requires a lawyer who knows their client has given false testimony to take reasonable remedial measures, up to and including disclosure to the tribunal.