MBS Bar Exam Review - Weyer City

What are the three main purposes of the courts?

Define Rights, Settle, Enforce Decisions

Only ______ witnesses are allowed to testify to their opinions in court.

Expert

In Missouri, the Court of Appeals purpose is to review questions or errors of ____ made by the trial court, not hear and evaluate the credibility of evidence.

Laws

An application (typically oral) for relief from the Court during a pending action is called a _______

Recess

The process by which a jury is selected is called _____

Voil Dire

The Constitution restricts the power of _____________ From intruding into the rights of its citizens?

Government

During direct examination, attorneys cannot ask __________ questions.

Leading

In order to prove something by a preponderance of the evidence the jury must be more than _____ sure of the proposition. (Civil)

50%

Every person has a right to a jury trial if he is the __________ in a ____________ case.

Defendant, Criminal

What are the three basic types of civil actions?

Tort, Contract Action, Extraordinary Actions

The _____________ has the burden of proof in a criminal case and must prove each element of the alleged crime beyond a reasonable doubt. By comparison, in a civil case the __________ has the burden of the alleged cause of action by ______________ of the evidence.

Prosecutor, Plaintiff, Preponderance

List the types of case over which the Supreme Court of Missouri has the original appellate jurisdiction:

Validity of US Statute and Treaty

Validity of a Missouri Statute or Treaty

Challenges to a States revenue laws

Challenges to a statewide elections/officer

Imposition of death penalty

Each party is entitled to _____ change of venue at MBS as a matter of right?

One

An out of court statement of the Defendant offered by the Plaintiff is admissible over a hearsay objection because it is a ______________ _________________

Declaration against interest

The document filed by a county prosecutor to initial a criminal case is called a(n) _______________, whereas the document filed by a plaintiff's attorney to initiate a civil case is called a ___________

Information, Petition

At Missouri Boy's State _________ courts are generally assigned to handle ordinance violation cases and ___________ courts are generally assigned to handle civil causes of action?

Municipal, Circuit

What are the elements of the criminal charge of Battery:

Successful, Intent to harm, Results in injury

This was taken from a court transcript:

Prosecutor: What was the defendant thinking when he left the building?

Defense Attorney: Objection your honor. _________

Speculation

Hearsay is defined as an ___ ____ _______ statement offered for ___ _______ ___ ________.

Out of court, the truth of the matter

Evidence that does not tend to prove any material fact in issue is _______.

Irrelevant

The breaking and entering of a dwelling while a person is present with the intent to commit a felony or steal property is the common law definition of ___________?

Burglary

Police reports are labeled hearsay but would be admissible to prove the matter asserted in the report under the _____________ exception to hearsay if they are kept in the normal course of the department’s procedure and all the information was gathered by the officer who wrote the report.

Official reports

All criminal cases require a showing of both mens rea and actus reas with the exeception off _________ ____________ crimes

Strict Liability

Punitive damages are awarded to ______ the defendant and _________ future similar actions by others.

Punish, Prevent

Counsel on re-direct is limited in scope to the topics covered on _____________________

Cross-Examination

What are the standard questions asked to lay the foundation for admitting an exhibit into evidence:

What is it, How do you recognize it, Is it true and accurate

The three divisions of the Missouri Circuit Court are the __________, associate circuit and the _____________ divisions

Circuit, Municipal

A court order, whereby a party is required to do, or refrain from doing, a certain act or acts is called a(n) __________.

Injunction