MBS BAR EXAM REVIEW QUESTIONS AND ANSWERS
3 main purposes of the courts - Answers :To define rights
To settle disputes and controversies
Enforce their decisions
Who is allowed to testify to their opinions in court - Answers :Expert Witnesses
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. - Answers :Due Process
List the three basic types of civil actions. - Answers :Tort, Breach of Contract, Statutory
claims
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 proof and must prove each element of the alleged
cause of action by ____ of the evidence. - Answers :Prosecutor
Plaintiff
Preponderance
List the types of case over which the Supreme Court of Missouri has original appellate
jurisdiction. - Answers :Validity of a U.S. State Treaty
Validity of a Missouri statute or constitutional provision
Challenge to states revenue laws
Challenges to a statewide election office holder
Imposition of the death penalty
Each party is entitled to ______ change(s) of Venue at MBS as a matter of right. -
Answers :One
An out of court statement of the defendant offered by the plaintiff is admissible over a
hearsay objection because it is a(n) _______________. - Answers :Admission by party
opponent
The document filed by a county prosecutor to initial a criminal case is called
_______________, where as the document filed by a plaitiff's attorney to initiate a civil
case is called a(n) _________________________. - Answers :Information
Petition
An application (typically oral) for relief from the court during a pending action is called a
___________________. - Answers :Motion
, The process by which a jury is selected is called _________________. - Answers :Voir
Dire
The Constitution restricts the power of the ___________from intruding into the rights of
its citizens. - Answers :The Government
During direct examination, attorneys cannot ask ____________ questions. - Answers
:leading
In order to prove something by the preponderance of the evidence, the jury must be
more than ____% sure of the proposition. - Answers :50%
Every person has a right to a jury trial if he is the ___________ in a ___________ case.
- Answers :Defendant in a criminal case
At Missouri's Boys State _________ courts are generally assigned to handle ordinance
violation cases. Associate civil courts are generally assigned to handle
_______________ cases and _______________ courts are generally assigned to
handle civil causes of action. - Answers :Municipal
Civil
Circuit
List the elements of the criminal charge of battery. - Answers :The intentional striking of
someone
with intent to harm or in a rude or insulent manner
Resulting in Injury
This was taken from a court transcript:
Prosecutor: What the defendant was thinking when he left the building?
Defendant attorney: Objection your honor, ________________________. - Answers
:Speculation
Hearsay is defined as a(n) _______________ statement offered for
________________. - Answers :out of court
the truth of the matter asserted
Evidence that does not tend to prove any material fact in issue is __________. -
Answers :circumstantial
The breaking and entering a dwelling while a person is present with the intent to commit
a felony or steal property is the common law definition of ___________________. -
Answers :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
that normal course of the departments procedure and all the information was gathered
by the officer who wrote the report. - Answers :business record
3 main purposes of the courts - Answers :To define rights
To settle disputes and controversies
Enforce their decisions
Who is allowed to testify to their opinions in court - Answers :Expert Witnesses
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. - Answers :Due Process
List the three basic types of civil actions. - Answers :Tort, Breach of Contract, Statutory
claims
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 proof and must prove each element of the alleged
cause of action by ____ of the evidence. - Answers :Prosecutor
Plaintiff
Preponderance
List the types of case over which the Supreme Court of Missouri has original appellate
jurisdiction. - Answers :Validity of a U.S. State Treaty
Validity of a Missouri statute or constitutional provision
Challenge to states revenue laws
Challenges to a statewide election office holder
Imposition of the death penalty
Each party is entitled to ______ change(s) of Venue at MBS as a matter of right. -
Answers :One
An out of court statement of the defendant offered by the plaintiff is admissible over a
hearsay objection because it is a(n) _______________. - Answers :Admission by party
opponent
The document filed by a county prosecutor to initial a criminal case is called
_______________, where as the document filed by a plaitiff's attorney to initiate a civil
case is called a(n) _________________________. - Answers :Information
Petition
An application (typically oral) for relief from the court during a pending action is called a
___________________. - Answers :Motion
, The process by which a jury is selected is called _________________. - Answers :Voir
Dire
The Constitution restricts the power of the ___________from intruding into the rights of
its citizens. - Answers :The Government
During direct examination, attorneys cannot ask ____________ questions. - Answers
:leading
In order to prove something by the preponderance of the evidence, the jury must be
more than ____% sure of the proposition. - Answers :50%
Every person has a right to a jury trial if he is the ___________ in a ___________ case.
- Answers :Defendant in a criminal case
At Missouri's Boys State _________ courts are generally assigned to handle ordinance
violation cases. Associate civil courts are generally assigned to handle
_______________ cases and _______________ courts are generally assigned to
handle civil causes of action. - Answers :Municipal
Civil
Circuit
List the elements of the criminal charge of battery. - Answers :The intentional striking of
someone
with intent to harm or in a rude or insulent manner
Resulting in Injury
This was taken from a court transcript:
Prosecutor: What the defendant was thinking when he left the building?
Defendant attorney: Objection your honor, ________________________. - Answers
:Speculation
Hearsay is defined as a(n) _______________ statement offered for
________________. - Answers :out of court
the truth of the matter asserted
Evidence that does not tend to prove any material fact in issue is __________. -
Answers :circumstantial
The breaking and entering a dwelling while a person is present with the intent to commit
a felony or steal property is the common law definition of ___________________. -
Answers :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
that normal course of the departments procedure and all the information was gathered
by the officer who wrote the report. - Answers :business record
