Mississippi Bar Exam (MEE) Rule Matrix Practice Flashcards

A set of 60 Question-and-Answer style flashcards covering the Mississippi Bar Exam Rule Matrix topics including Evidence, Contracts, Criminal Law, Civil Procedure, and Domestic Relations.

What is the general trial court standard for the admissibility of photographs in Mississippi?

The sound discretion of the trial court, afforded wide latitude, according to Eckman v. Moore ($2004$).

Under MRE $401$, how is relevant evidence defined?

Evidence having any tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence.

What six dangers under MRE $403$ would lead a court to exclude relevant evidence if its probative value is substantially outweighed?

($1$) unfair prejudice, ($2$) confusion of the issues, ($3$) misleading the jury, ($4$) undue delay, ($5$) waste of time, or ($6$) needless presentation of the evidence.

According to William v. State ($2017$), what must the court determine regarding photos that it considers relevant?

Whether the photos are so gruesome and inflammatory as to lack any evidentiary purpose.

According to Mosley v. State ($2020$), what two factors allow a gruesome or Pleasant photo to be admitted?

($1$) It is probative in value and ($2$) its introduction serves a meaningful evidentiary purpose.

What are the three ways a photograph can establish evidentiary value in Mississippi?

($1$) Describing the circumstances of a death, ($2$) describing the location of a body and causes of death, or ($3$) supplementing or clarifying witness testimony.

What is the definition of hearsay under MRE $801(C)$?

A statement, other than one made by the declarant while testifying at the current trial or hearing, offered into evidence to prove the truth of the matter asserted.

Which hearsay exception covers a statement describing an event made while or immediately after the declarant perceived it?

Present Sense Impression [MRE $803(1)$].

Under MRE $803(4)$, which types of statements in a medical diagnosis context are generally inadmissible?

Statements regarding fault.

What is the effect if a record of past recollection [MRE $803(5)$] is admitted?

The record may be read into evidence, but may be received as an exhibit only if offered by the adverse party.

What seven elements are required for a Business Record exception under MRE $803(6)$?

($1$) records an act/event/condition/opinion/diagnosis, ($2$) made at or near the time, ($3$) made by/from someone with knowledge, ($4$) kept in regular course of business, ($5$) routine practice, ($6$) proven by custodian/qualified witness/certification, and ($7$) not shown to be untrustworthy.

What are the specific age and date requirements for an Ancient Document exception under MRE $803(16)$?

The statement must be in a document that is at least $20$ years old and prepared before Jan $1$, $1998$.

Under MRE $804(a)$, when is a declarant considered unavailable?

If: ($1$) privilege applies, ($2$) refusal to testify despite court order, ($3$) lack of memory, ($4$) death/infirmity/illness, ($5$) absence where presence cannot be obtained by reasonable means, or ($6$) child declarant substantially impaired by testifying.

What is the requirement for a Statement Against Interest [MRE $804(b)(3)$] offered in a criminal case exposing the declarant to liability?

The corroborating circumstances must clearly indicate trustworthiness.

How is Forfeiture by Wrongdoing defined under MRE $804(b)(6)$?

A statement admissible against a party who wrongly caused or acquiesced in causing the declarant’s unavailability and intended that result.

Under the Residual Exception [MRE $807$], what three requirements must be met for a hearsay statement to be admitted?

($1$) Sufficient guarantees of trustworthiness, ($2$) more probative than any reasonably obtainable evidence, and ($3$) the proponent gives reasonable notice.

What is the rule for property owners regarding invitee safety under Mississippi premises liability law?

A property owner is not an insurer of an invitee’s safety but owes a duty to keep premises reasonably safe and warn of hidden dangers.

What is the MRE $404(b)$ general exclusion rule for character evidence?

Evidence of other crimes, wrongs, or acts is inadmissible to show character of a person in order to show they acted in conformity therewith.

What purpose do prior accidents serve if admissible for evidentiary purposes in Mississippi?

To show that a party had or should have had knowledge of the condition.

Under MRE $409$, for what secondary purposes might payment of medical expenses be admissible?

Control and Knowledge of the dangerous condition.

When are Subsequent Remedial Measures [MRE $407$] admissible as evidence?

To show: ($1$) ownership, ($2$) control, ($3$) feasibility of precautionary measures (if controverted), or ($4$) impeachment.

What four conditions must be met for an expert to testify in the form of an opinion under MRE $702$?

($1$) specialized knowledge helps the trier of fact, ($2$) based on sufficient facts/data, ($3$) product of reliable principles/methods, and ($4$) reliably applied principles/methods to the facts.

Under MRE $611(b)$, what is the Mississippi rule for the scope of cross-examination?

The 'Wide Open Cross Rule,' meaning cross is not limited to the subject matter of direct examination and matters affecting credibility.

What are the five exceptions to the Lawyer-Client Privilege in Mississippi?

($1$) Furtherance of Crime/Fraud, ($2$) claims through the same deceased client, ($3$) breach of duty by lawyer/client, ($4$) document attested by a lawyer, and ($5$) joint clients.

What are the six required elements for valid contract formation in Mississippi?

($1$) Two or more contracting parties, ($2$) consideration, ($3$) sufficiently definite agreement, ($4$) parties with legal capacity, ($5$) mutual assent, and ($6$) no legal prohibition.

How is consideration defined in Mississippi contract law?

A benefit to the promisor or detriment to the promisee sufficient to support the establishment of the contract.

What does a statement or recital of consideration in a contract create under Mississippi law?

A rebuttable presumption that consideration actually existed, which can only be rebutted by a clear preponderance of the evidence.

What constitutes a valid 'Option' or 'Promise Not to Revoke' in Mississippi?

($1$) A valid offer, ($2$) a promise to keep it open for a specified period, and ($3$) consideration supporting the promise.

According to the Mailbox Rule in Mississippi, when is an acceptance effective?

Acceptance is effective upon dispatch (when put in the mail), absent a specified method required by the offeror.

What five types of contracts are subject to the Mississippi Statute of Frauds (M$15$LEGS)?

($1$) Marriage consideration, ($2$) agreement not to be performed within $15$ months, ($3$) land sale or lease longer than $1$ year, ($4$) executor's promise to pay estate debt personally, ($5$) goods over \\$500, and ($6$) suretyship.

What is the requirement for a land description to be sufficient under the Statute of Frauds?

A surveyor must be able to locate the property with reasonable certainty from the writing itself.

Under Mississippi Code Ann. § $15-3-1(c)$, who must sign a writing for a land sale or lease longer than $1$ year to be enforceable?

The party to be charged, or some person lawfully authorized in writing to sign on that party's behalf.

When is a lease renewal option unenforceable in Mississippi?

When the rent amount is left to future negotiations and there is no definite method, amount, formula, or index to determine those terms.

What is the two-element test for a breach of contract in Mississippi?

($1$) The existence of a valid and binding contract and ($2$) showing that the defendant has broken or breached it.

What is the Statute of Limitations for a claim for breach of a written lease in Mississippi?

$3$ years from when the breach of contract claim accrues.

What is the effect of an Anti-Waiver Clause in a written contract?

It is relevant in deciding the effect of prior waivers but does not preclude a finding that a party actually waived a provision through subsequent conduct.

What is the difference between Compensatory and Nominal damages in a breach of contract action?

Compensatory damages require proof of actual monetary loss; nominal damages are available when a breach is proven but no actual monetary loss occurred.

Under Miranda, when must police provide warnings to a suspect?

Before questioning when the suspect is subject to both Custody and Interrogation.

Under what three conditions is a waiver of Miranda rights valid?

If it is done knowingly, intelligently, and voluntarily.

When does the Sixth Amendment right to counsel attach in Mississippi?

After the start of adversarial judicial criminal proceedings (formal charges, preliminary hearing, indictment, information, or arraignment).

What is the Mississippi requirement for a criminal defendant to be tried under the Right to Speedy Trial?

The defendant must be tried within $270$ days, otherwise the indictment may be dismissed.

How many peremptory challenges is each side permitted in an MS felony trial that is not punishable by life imprisonment or death?

$6$ peremptory challenges.

What is the scale of the "frisk" permitted by Terry v. OH?

A pat-down of the person’s outer clothing to see if they have a weapon.

What is the rule regarding the warrantless search of digital information on a cell phone seized from an arrestee?

Police generally may not search digital information on a cell phone without a warrant, as established in Riley v. CA.

What are the three elements of the Plain View Doctrine test for warrantless seizure?

($1$) Officer lawfully present, ($2$) officer has lawful right of access to the object, and ($3$) the object’s incriminating character is immediately apparent.

What amount of money converts MS embezzlement from a misdemeanor to a felony?

Taking more than \\$1.5k.

What is the 'Bilateral' requirement for conspiracy in Mississippi?

There must be an actual agreement between two or more people; one person acting alone cannot be guilty of conspiracy.

How is 'Aggravated Assault' distinguished from 'Simple Assault' under MS Code § $97-3-7$?

Aggravated assault involves'serious bodily injury' or the use of a 'deadly weapon/means likely to produce death,' whereas simple assault involves'bodily injury.'

What constitutes prima facie evidence of intent in a Mississippi shoplifting charge?

The concealment of merchandise.

What is the 'Substantial Disruption Doctrine' regarding public school speech?

Schools cannot prohibit speech unless the conduct materially and substantially interferes with the operation of the school (Tinker v. Des Moines).

When may a private employer prohibit an employee from keeping a firearm in their vehicle in MS?

When the parking area is gated and access is restricted.

If an action is filed in Circuit court but belongs in Chancery, what is the proper remedy?

The court should transfer the case to the court having proper jurisdiction; dismissal is never proper for filing in the wrong court.

Where is venue proper for a corporation in Mississippi?

The county of its principal place of business (PPB).

Where must an action for medical malpractice against a covered healthcare provider be brought?

In the county where the alleged act or omission occurred, regardless of where the plaintiff resides.

How must 'special damages' (e.g., lost profits, punitive damages) be pleaded under MS practice?

They must be pled specifically and with sufficient detail to give the defendant notice of their nature.

What is the duration of a Temporary Restraining Order (TRO) in Mississippi?

$10$ days after entry, unless extended for one like period or with consent.

What is the burden of proof for an award of punitive damages in Mississippi?

Clear and convincing evidence.

What are 'Hemsley' assets in Mississippi domestic relations?

Marital property, defined as any and all property acquired or accumulated during the course of the marriage.

What is the child support guideline for one child in Mississippi?

$14.00\%$ of Adjusted Gross Income.

What analysis is used to determine child custody between two natural parents in Mississippi?

The best interests of the child as determined by the 'Albright' factors.