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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. Under Missouri Rules of Professional Conduct, a lawyer must maintain client confidences except in which circumstance?

    Answer: When disclosure is impliedly authorized to carry out representation

    Missouri Rule 1.6 permits disclosure of confidential information when impliedly authorized to carry out the representation, such as disclosing facts needed to pursue the client's case.

  2. Under Missouri's Rules of Professional Conduct, which rule governs a lawyer's duty of competence?

    Answer: Rule 1.1

    Missouri Rule 1.1 requires lawyers to provide competent representation, meaning the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.

  3. Under Missouri law, which court has exclusive original jurisdiction over felony criminal cases?

    Answer: Circuit court

    In Missouri, circuit courts have exclusive original jurisdiction over felony cases and serve as the general trial courts of the state.

  4. Missouri's comparative fault system reduces a plaintiff's recovery in proportion to their own negligence. Missouri follows which type of comparative fault?

    Answer: Pure comparative fault

    Missouri follows pure comparative fault, meaning a plaintiff may recover even if more than 50% at fault, though recovery is reduced by the plaintiff's percentage of fault.

  5. Under Missouri law, which tort doctrine may apply when a product leaves the manufacturer's control in a defective condition that causes injury?

    Answer: Strict products liability

    Missouri recognizes strict products liability under the Restatement (Second) of Torts § 402A, imposing liability when a seller places a defective product in the stream of commerce and it causes injury.

  6. Under the Missouri Rules of Professional Conduct, a lawyer with a conflict of interest between two current clients may continue the representation if which conditions are met?

    Answer: Each affected client gives informed written consent after consultation

    Missouri Rule 1.7 permits representation despite a conflict if the lawyer reasonably believes competent representation is possible and each affected client gives informed, written consent.