MO Bar Missouri State Law and Ethics 2 — Questions and Answers
Question 1: Missouri's wrongful death statute allows which parties to bring a wrongful death claim?
- Any person who knew the decedent
- Only the estate of the decedent
- Spouse, children, parents, or siblings in specified order (Correct answer)
- Any heir named in the decedent's will
Correct 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.
Question 2: Under Missouri Rules of Professional Conduct, which rule prohibits a lawyer from making false statements of material fact to a tribunal?
- Rule 3.1
- Rule 3.3 (Correct answer)
- Rule 3.4
- Rule 4.1
Correct 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.
Question 3: Under Missouri law, which standard of care applies to a physician accused of medical malpractice?
- Reasonable person standard
- Reasonable physician in the same or similar locality (Correct answer)
- National standard of care
- Board-certified specialist standard
Correct 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.
Question 4: Under Missouri's landlord-tenant law, which implied warranty requires residential landlords to maintain habitability?
- Covenant of quiet enjoyment
- Implied warranty of habitability (Correct answer)
- Warranty of fitness for particular purpose
- Implied warranty of title
Correct 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.
Question 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?
- Must remain silent due to confidentiality
- May reveal the information to prevent the crime (Correct answer)
- Must withdraw from the representation immediately
- Must notify law enforcement
Correct 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.
Question 6: Missouri follows which rule regarding an attorney's duty to disclose known perjury by their client?
- No duty exists once the client testifies
- Attorney must immediately disclose to the court
- Attorney must take reasonable remedial measures, including disclosure if necessary (Correct answer)
- Attorney must withdraw only
Correct 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.
MO Bar Missouri State Law and Ethics 2
Missouri's wrongful death statute allows which parties to bring a wrongful death claim?