PrepIQ Missouri Attorney Ultimate Exam
**Question 1.** Which of the following is required for personal jurisdiction over a non‑resident
defendant in Missouri?
A) The defendant must own property in Missouri.
B) The defendant must have purposefully directed activities toward Missouri.
C) The plaintiff must be a Missouri resident.
D) The cause of action must arise in Missouri.
Answer: B
Explanation: Personal jurisdiction exists when the defendant has purposefully availed himself of the
privilege of conducting activities in the forum state, establishing sufficient contacts.
**Question 2.** Under the Missouri Comparative Fault statute, if a plaintiff is found 30% at fault and
the defendant 70% at fault, the plaintiff can recover:
A) 100% of the damages.
B) 70% of the damages.
C) 30% of the damages.
D) No recovery because any fault bars recovery.
Answer: B
Explanation: Missouri follows a modified comparative fault rule; a plaintiff can recover damages reduced
by their percentage of fault, provided they are not 51% or more at fault.
**Question 3.** In the formation of a contract under the UCC Article 2, which of the following is NOT a
required element?
A) Offer.
B) Acceptance.
C) Consideration.
D) Writing for any contract over $500.
Answer: D
Explanation: The Statute of Frauds under UCC requires a writing for contracts for the sale of goods
priced at $500 or more, but it is not an element of contract formation itself.
, PrepIQ Missouri Attorney Ultimate Exam
**Question 4.** Which of the following best describes the admissibility of a lay opinion under the
Federal Rules of Evidence, which Missouri follows?
A) Always inadmissible.
B) Admissible if based on the witness’s perception and helpful to the trier of fact.
C) Admissible only if the witness is an expert.
D) Admissible only if it is a conclusion of fact.
Answer: B
Explanation: Lay opinions are admissible when they are rationally based on the witness’s perception and
helpful to understanding the evidence.
**Question 5.** A plaintiff sues for negligence. The defendant raises the defense of assumption of risk.
Which of the following must the defendant prove?
A) The plaintiff was unaware of the risk.
B) The plaintiff voluntarily and knowingly assumed the risk.
C) The risk was caused by a third party.
D) The plaintiff’s injury was caused by a superseding cause.
Answer: B
Explanation: Assumption of risk requires that the plaintiff knew of the risk and voluntarily proceeded
despite it.
**Question 6.** Which of the following is a characteristic of a limited liability company (LLC) under
Missouri law?
A) Unlimited personal liability for members.
B) Mandatory corporate formalities such as annual meetings.
C) Pass‑through taxation by default.
D) No ability to have a single member.
Answer: C
Explanation: LLCs are generally taxed as pass‑through entities unless they elect corporate taxation.
**Question 7.** The Missouri Supreme Court Rule 41‑1.02 governs:
, PrepIQ Missouri Attorney Ultimate Exam
A) Jury selection.
B) Filing of motions.
C) Discovery procedures.
D) Pre‑trial conferences.
Answer: C
Explanation: Rule 41‑1.02 addresses discovery, including the scope and limits of discovery in civil
actions.
**Question 8.** In a criminal case, the doctrine of “fruit of the poisonous tree” primarily serves to:
A) Exclude evidence obtained in violation of the Fourth Amendment.
B) Admit evidence that is reliable.
C) Provide a defense to assault charges.
D) Allow hearsay statements.
Answer: A
Explanation: The doctrine excludes evidence derived from an illegal search or seizure, protecting Fourth
Amendment rights.
**Question 9.** Which of the following is NOT a protected class under the Missouri Human Rights Act?
A) Age.
B) Sexual orientation.
C) Political affiliation.
D) National origin.
Answer: C
Explanation: Political affiliation is not enumerated as a protected class under the Missouri Human Rights
Act.
**Question 10.** Under the Missouri Administrative Procedure Act, a party seeking judicial review of an
agency’s final rule must file a petition within:
A) 30 days of the rule’s adoption.
B) 60 days of the rule’s adoption.
, PrepIQ Missouri Attorney Ultimate Exam
C) 90 days of the rule’s adoption.
D) 120 days of the rule’s adoption.
Answer: B
Explanation: The Act requires a petition for review to be filed within 60 days after the final rule is issued.
**Question 11.** Which of the following best describes the “issue preclusion” (collateral estoppel)
doctrine?
A) It prevents a party from relitigating an issue actually decided in a prior proceeding.
B) It bars any claim arising from the same transaction.
C) It applies only to criminal cases.
D) It allows a new trial on any issue.
Answer: A
Explanation: Issue preclusion prevents re‑litigation of a factual or legal issue that was actually litigated
and decided in a prior case.
**Question 12.** In Missouri, a “joint tenancy” differs from “tenancy in common” primarily because:
A) Joint tenants have unequal shares.
B) Joint tenants have a right of survivorship.
C) Joint tenants can be evicted more easily.
D) Joint tenants must file a deed with the county clerk.
Answer: B
Explanation: Joint tenancy includes the right of survivorship, meaning a surviving co‑owner
automatically inherits the deceased’s share.
**Question 13.** Which of the following statements about the Missouri “Uniform Probate Code” is
correct?
A) It requires all estates to go through formal probate.
B) It allows small estates to be administered without court supervision under a simplified procedure.
C) It eliminates the need for any probate for any estate.
D) It applies only to non‑resident decedents.
**Question 1.** Which of the following is required for personal jurisdiction over a non‑resident
defendant in Missouri?
A) The defendant must own property in Missouri.
B) The defendant must have purposefully directed activities toward Missouri.
C) The plaintiff must be a Missouri resident.
D) The cause of action must arise in Missouri.
Answer: B
Explanation: Personal jurisdiction exists when the defendant has purposefully availed himself of the
privilege of conducting activities in the forum state, establishing sufficient contacts.
**Question 2.** Under the Missouri Comparative Fault statute, if a plaintiff is found 30% at fault and
the defendant 70% at fault, the plaintiff can recover:
A) 100% of the damages.
B) 70% of the damages.
C) 30% of the damages.
D) No recovery because any fault bars recovery.
Answer: B
Explanation: Missouri follows a modified comparative fault rule; a plaintiff can recover damages reduced
by their percentage of fault, provided they are not 51% or more at fault.
**Question 3.** In the formation of a contract under the UCC Article 2, which of the following is NOT a
required element?
A) Offer.
B) Acceptance.
C) Consideration.
D) Writing for any contract over $500.
Answer: D
Explanation: The Statute of Frauds under UCC requires a writing for contracts for the sale of goods
priced at $500 or more, but it is not an element of contract formation itself.
, PrepIQ Missouri Attorney Ultimate Exam
**Question 4.** Which of the following best describes the admissibility of a lay opinion under the
Federal Rules of Evidence, which Missouri follows?
A) Always inadmissible.
B) Admissible if based on the witness’s perception and helpful to the trier of fact.
C) Admissible only if the witness is an expert.
D) Admissible only if it is a conclusion of fact.
Answer: B
Explanation: Lay opinions are admissible when they are rationally based on the witness’s perception and
helpful to understanding the evidence.
**Question 5.** A plaintiff sues for negligence. The defendant raises the defense of assumption of risk.
Which of the following must the defendant prove?
A) The plaintiff was unaware of the risk.
B) The plaintiff voluntarily and knowingly assumed the risk.
C) The risk was caused by a third party.
D) The plaintiff’s injury was caused by a superseding cause.
Answer: B
Explanation: Assumption of risk requires that the plaintiff knew of the risk and voluntarily proceeded
despite it.
**Question 6.** Which of the following is a characteristic of a limited liability company (LLC) under
Missouri law?
A) Unlimited personal liability for members.
B) Mandatory corporate formalities such as annual meetings.
C) Pass‑through taxation by default.
D) No ability to have a single member.
Answer: C
Explanation: LLCs are generally taxed as pass‑through entities unless they elect corporate taxation.
**Question 7.** The Missouri Supreme Court Rule 41‑1.02 governs:
, PrepIQ Missouri Attorney Ultimate Exam
A) Jury selection.
B) Filing of motions.
C) Discovery procedures.
D) Pre‑trial conferences.
Answer: C
Explanation: Rule 41‑1.02 addresses discovery, including the scope and limits of discovery in civil
actions.
**Question 8.** In a criminal case, the doctrine of “fruit of the poisonous tree” primarily serves to:
A) Exclude evidence obtained in violation of the Fourth Amendment.
B) Admit evidence that is reliable.
C) Provide a defense to assault charges.
D) Allow hearsay statements.
Answer: A
Explanation: The doctrine excludes evidence derived from an illegal search or seizure, protecting Fourth
Amendment rights.
**Question 9.** Which of the following is NOT a protected class under the Missouri Human Rights Act?
A) Age.
B) Sexual orientation.
C) Political affiliation.
D) National origin.
Answer: C
Explanation: Political affiliation is not enumerated as a protected class under the Missouri Human Rights
Act.
**Question 10.** Under the Missouri Administrative Procedure Act, a party seeking judicial review of an
agency’s final rule must file a petition within:
A) 30 days of the rule’s adoption.
B) 60 days of the rule’s adoption.
, PrepIQ Missouri Attorney Ultimate Exam
C) 90 days of the rule’s adoption.
D) 120 days of the rule’s adoption.
Answer: B
Explanation: The Act requires a petition for review to be filed within 60 days after the final rule is issued.
**Question 11.** Which of the following best describes the “issue preclusion” (collateral estoppel)
doctrine?
A) It prevents a party from relitigating an issue actually decided in a prior proceeding.
B) It bars any claim arising from the same transaction.
C) It applies only to criminal cases.
D) It allows a new trial on any issue.
Answer: A
Explanation: Issue preclusion prevents re‑litigation of a factual or legal issue that was actually litigated
and decided in a prior case.
**Question 12.** In Missouri, a “joint tenancy” differs from “tenancy in common” primarily because:
A) Joint tenants have unequal shares.
B) Joint tenants have a right of survivorship.
C) Joint tenants can be evicted more easily.
D) Joint tenants must file a deed with the county clerk.
Answer: B
Explanation: Joint tenancy includes the right of survivorship, meaning a surviving co‑owner
automatically inherits the deceased’s share.
**Question 13.** Which of the following statements about the Missouri “Uniform Probate Code” is
correct?
A) It requires all estates to go through formal probate.
B) It allows small estates to be administered without court supervision under a simplified procedure.
C) It eliminates the need for any probate for any estate.
D) It applies only to non‑resident decedents.
