Which of the following statements is false:

Rick and Nancy were married in 1995. Prior to the marriage, Rick owned a 48.5 acre tract of real estate, which he never conveyed to Nancy or to Nancy and himself as any form of tenancy. The property was purchased by Rick and his first wife in 1992 and awarded to Rick upon dissolution of that marriage in 1993. At that time, the property was subject to a debt of $25,000. The debt was completely paid during the period Rick and Nancy were married and the property is currently valued at $35,000. Rick has filed a petition for dissolution and asked the court to award him the entire 48.5 acre tract. Which of the following best describes how the property should be viewed by the court?

Sam Smith purchased a vehicle from All-American Dealership. Sam subsequently sued the dealership for fraudulent misrepresentation and unlawful merchandising practices under the Missouri Merchandising Practice Act, alleging the salesman fraudulently induced him to purchase the vehicle by misrepresenting the monthly payments Sam would be obligated to make. At trial, the jury awarded Sam $35,000 in actual damages and $3 million in punitive damages. All-American Dealership filed a motion with the court to reduce the jury award, arguing the statutory cap on punitive damages limits the amount recoverable to $500,000 or five times the net judgment awarded against the defendant, whichever is greater. What is Sam's best argument in favor of the court denying the motion to reduce the punitive damages award?

A recently enacted statute requires a public governmental body to conduct certain inspections of hazardous materials and identifies under what circumstances records generated as a result of that activity may be closed. Bob has requested documents regarding one of those inspections, and the agency has responded the records are closed, citing one of the conditions in the recently enacted statute. Which of the following is Bob's best argument to support his request for disclosure:

Mr. Carter was injured in Indiana while on the job for the Reading Railroad. The railroad was incorporated in Ohio and its principal place of business is in Illinois. The railroad does business in 30 states, including in Missouri where it owns more than 400 miles of track, employs 300 employees and generates $250 million in revenue. The railroad's business in Missouri is similar to that in several other states and represents a tiny portion of the corporation's entire nationwide business. Mr. Carter sued the railroad in state court in St. Louis County. The railroad has moved to dismiss the suit based on lack of personal jurisdiction over the railroad. The trial court should:

In order for a validly formed de jure corporation to be ignored and personal liability imposed on shareholders, an aggrieved party must demonstrate (1) the defendant(s) retained complete control such that the corporate entity lacked a separate will at the time of the transaction; (2) the defendant(s) breached a duty that proximately caused the aggrieved party's injury; and (3):

For Wills to be valid in Missouri, which of the following is not required?

If a Lender fails to record a deed of release within 45 days of the payment in full of a note secured by a deed of trust:

Under Rule 4-1.15, an attorney must maintain the physical or electronic equivalents of all checkbook registers, bank statements, records of deposit, pre-numbered canceled checks and substitute checks for:

Which of the following is not required to be included in a corporation's articles of incorporation:

A circuit court must determine the type of administrative case before it, whether it is a contested or non-contested case, and that determination is:

Steven James underwent surgery at Hospital to remove his appendix and suffered liver damage as a result of the procedures performed by the surgeon. Steven filed a lawsuit against the surgeon for medical malpractice and against the hospital for negligently granting the surgeon staff privileges. To support his claim against Hospital, Steven presented evidence at trial demonstrating the surgeon was allowed staff privileges even though his application did not disclose all the lawsuits filed against him. A jury returned a verdict in favor of Steven and Hospital filed a motion for judgment notwithstanding the verdict. Which of the following is Hospital's best argument for granting the motion:

Mrs. Allen slipped and fell on food spilled on the floor of a food court at the mall where she and her grandson were shopping. An employee of the company that owned the mall came to the scene and spoke to Mrs. Allen who pointed out what she had slipped on and that she was hurt. Two weeks later, Mrs. Allen's attorney sent a letter to the mall owners and security company notifying them that Mrs. Allen had been injured and would be filing suit against them. Two years later, Mrs. Allen filed suit and requested production of all videotapes, incident reports, and related reports about her fall. Defendants answered the request for production stating there were no videotapes, logs or reports of her incident. When plaintiff took the depositions of the corporate representatives, those witnesses testified that on the date of the incident the mall did use cameras that recorded the area where the fall occurred and their standard practice was to maintain incident logs and reports of events like hers. Based on this testimony, plaintiff moved for a jury instruction, citing the doctrine of spoliation, directing that defendants' failure to produce the requested materials constituted sufficient evidence that defendants had notice of the spilled food before plaintiff's fall. The trial judge granted the motion, the instruction was given, and the jury found in favor of plaintiff. On appeal, defendants challenged the instruction, asserting it was an improper application of the spoliation doctrine. The court of appeals should:

George is the sole beneficiary of an irrevocable Missouri Trust. His Uncle John is the Trustee and has discretion to make distributions to George for his health, education, welfare and support. One of George's creditors discovers the trust assets. The creditor:

Which of the following accurately describes the initial judicial review provided for appeals from the associate circuit courts:

Mark and Brenda entered into a partnership, "Lux Sweaters," to manufacture luxury sweaters made from fabric constructed using a new technology. Sara purchased one of their luxury sweaters and subsequently developed a severe allergic reaction that resulted in long-term lung damage. Sara sued Mark and Brenda individually and the partnership for defective product. During trial, Sara's attorney sought to introduce evidence that five years prior to starting Lux Sweaters, Mark was convicted of stealing from an unrelated business enterprise. Mark and the partnership sought to exclude the evidence as irrelevant. The trial court should:

Harry and Wilma have been married for nine years and have no children. Wilma recently discovered that Harry has been having an affair. Wilma has filed a verified petition for dissolution, alleging that, because of the affair, the marriage is irretrievably broken and there is no reasonable likelihood that the marriage can be preserved. Harry filed an answer admitting to the affair, but denying the marriage is irretrievably broken. Which of the following statements is correct?

John Doe, a resident of Clay County, Missouri, died on January 1, 2014. He died with probate assets, but he did not execute a Will before his death. John's spouse predeceased him and he was not survived by any ancestors or descendants. The only relatives who survive him were descendants of his ancestors of the twelfth degree. Ancestors of his deceased spouse also survive him. The probate estate:

In order to create a tenancy by the entirety in Missouri, a conveyance must:

For judicial review of an agency's decision in a contested case, the aggrieved party must file a petition:

Bob Jones fell after losing his balance while sitting on the headwall of a bridge on a public trail in Everytown, injuring himself when he landed 20 feet below into the creek. Bob sued Everytown, alleging it maintained the bridge and headwall in a dangerous condition, resulting in his fall. At trial, Bob introduced evidence from an expert who testified the headwall was substantially lower than the average person's center of gravity and the city should have anticipated people would sit on the wall while traversing the trail. The city asserted it was immune from liability under the sovereign immunity doctrine and filed a motion for directed verdict at the close of the plaintiff's case-in-chief. The trial court should:

For a Missouri corporation, what percentage of outstanding shares entitled to vote is required to approve a merger:

Under Rule 4-1.15, any overdraft of a client's trust account will be reported to:

ABC Company manufactures lawn mowers and sells them throughout the country. ABC's corporate headquarters are in Virginia, and its registered agent is in St. Louis County. In 2019, Susan Smith was injured at her home in Jackson County, Missouri, by a lawn mower manufactured by ABC. Susan, along with 50 other non-Missouri plaintiffs who were injured in the same manner while using the same product, filed suit against ABC in Jackson County. The plaintiffs allege their separate claims were a direct and proximate results of ABC's negligent conduct in connection with the design, development, manufacture and distribution of the law mowers. ABC moved to sever the other 50 claimants and transfer venue. ABC argues that because Smith is the only Jackson County resident, the remaining non-Missouri plaintiffs' claims were joined improperly, and their separate claims should be severed and transferred to St. Louis County, where ABC's registered agent is located, or to the non-resident plaintiffs' home states. ABC's best argument in favor of its motion is:

John Smith accepts service as Trustee of the Doe Family Trust, an irrevocable Missouri Trust, on June 1, 2013, one week after the Settlor of the Trust died. The Settlor's children, Child 1 and Child 2, are the income beneficiaries of the trust. The permissable principal beneficiaries of the trust are Child 1, Child 2, Grandchild A and Grandchild B. The Trust Agreement states that the Settlor does not want the Trustee to inform the grandchildren that they are permissable principal beneficiaries of the trust upon his death. John:

Which of the following statements is false:

Hank and Wanda were divorced in 2019 and physical custody of their only child, Sara, was awarded to Hank, with Wanda awarded visitation. Hank has a new job in another state and has sent by certified mail, a written notice to Wanda that he intends to relocate Sara within 90 days. Hank's written notice included the new mailing address, home telephone number, the date of the intended move, and the reason he is relocating. His notice also proposed a revised visitation schedule. The notice contained nothing else. Wanda received the notice and, although she disagreed with Hank's plan, did not file a motion seeking an order to prevent the relocation within the requisite 30 days. Wanda has since obtained counsel to contest the relocation. Counsel's best argument in favor of the court considering Wanda's untimely motion to prevent the relocation is:

Jane Doe, a resident of Platte County, Missouri, executed her Last Will and Testament on December 1, 2013. The Will was properly prepared and Jane was competent and understood the provisions of her Will. Jane signed the Will in the presence of two witnesses, and the witnesses each subscribed their names to the Will in each other's presence and in Jane's presence. Jane requested the witnesses to witness the document, but she did not specifically state the document was her Last Will and Testament. The execution of the Will:

Which of the following is true about the Rule Against Perpetuities?

In a rape prosecution, defense counsel began cross-examination of the complaining witness by asking how many different consensual sexual partners she has had. The prosecutor objects to the question, stating the witness's prior sexual conduct is inadmissable. Defense counsel responds that the question seeks evidence to prove consent because consent is a defense to the crime. The trial judge should:

Under Rule 4-1.15, the following individuals in a law firm can be an authorized signatory for a Client Trust Account:

Which of the following statements is true:

Jane Smith died a single person without any minor children on May 1, 2016, a resident of Jackson County, Missouri. The total value of the assets of her probate estate are equal to $20,000. In addition, Jane had $40,000 of assets that transferred at her death pursuant to the provision of the Missouri Non-probate Transfer Law, $20,000 transferred to her niece Anne, and $20,000 transferred to her niece Betty. Claims in the amount of $35,000 were filed against her probate estate for unpaid medical bills and credit card bills. The Personal Representative timely filed a recovery action against the non-probate transfers. Which of the following best describes the recoverability of the $15,000 of claims that exceed the probate estate: