MO Bar key terms

The burden of proof in most civil cases: the party must show that its version of the facts is more likely true than not, meaning slightly greater than 50 percent probability.

A civil standard requiring the factfinder to hold a firm belief that the claim is true; higher than preponderance but lower than beyond a reasonable doubt.

The duty to come forward with enough evidence on a disputed issue that a reasonable jury could find for that party; failure allows the judge to take the issue away.

The duty to convince the factfinder to the required degree of certainty at trial; it generally stays with the party who bears it at the pleading stage.

A ruling that removes a claim from the jury because no reasonable jury could find for the nonmoving party on the evidence presented; requires a prior motion at close of the opponent's case.

A trial motion asking the judge to rule for the movant because the opposing party has failed to present legally sufficient evidence on an essential element.

An inference of negligence permitted when an accident is of a kind that ordinarily does not occur without negligence, was caused by an instrumentality in the defendant's exclusive control, and was not due to the plaintiff's own conduct.

A doctrine treating a statute violation as conclusive proof of breach when the plaintiff is within the class the statute protects and the harm is the type the statute was meant to prevent.

A cause that is a substantial factor in bringing about the harm and is not so remote or unforeseeable that the law cuts off liability; often tested through foreseeability of the injury.

The but-for cause of an injury: the harm would not have occurred absent the defendant's conduct, or the conduct was a substantial factor in producing it.

An event occurring after the defendant's conduct that contributes to the harm; a foreseeable intervening act generally does not break the chain of causation.

An unforeseeable intervening event that breaks the chain of causation and relieves the defendant of liability for the resulting harm.

The obligation to act as a reasonably prudent person would under the circumstances, owed to foreseeable plaintiffs within the zone of danger created by the conduct.

The measure against which conduct is judged in a negligence action; professionals are typically held to the skill and knowledge of an ordinary member of their profession.

Liability imposed without proof of fault, commonly for abnormally dangerous activities and for defects in products, based on the nature of the activity or the condition of the product.

A body of law holding sellers and manufacturers liable for harm caused by defective products, under theories of negligence, warranty, or strict liability.

A product flaw arising from the product's intended plan or specifications, often tested by whether a reasonable alternative design would have reduced the foreseeable risk of harm.

An out-of-court statement offered to prove the truth of the matter asserted; generally inadmissible unless an exclusion or exception applies.

A statement relating to a startling event, made while the declarant was under the stress of excitement it caused; admissible as an exception to the hearsay rule.

A statement describing or explaining an event or condition made while or immediately after the declarant perceived it; admissible regardless of the declarant's availability.

An earlier statement consistent with the declarant's trial testimony, admissible to rebut a charge of recent fabrication or improper influence, or to rehabilitate after an attack on credibility.

The process of attacking a witness's credibility through prior inconsistent statements, bias, conviction of a crime, or evidence of poor character for truthfulness.

The two core components of contract formation: a definite proposal manifesting willingness to be bound, and an unqualified assent to that proposal's terms.

The common law requirement that an acceptance match the offer exactly; a purported acceptance with different terms operates as a counteroffer rather than creating a contract.

The sale-of-goods provision allowing a contract to form despite additional or different terms in an acceptance, and governing which terms enter the agreement.

A person who deals in goods of the kind involved or otherwise by occupation holds himself out as having knowledge peculiar to the goods or practices involved.

A merchant's signed written offer to buy or sell goods that assures it will be held open; it is irrevocable for the stated period, or a reasonable time, not exceeding three months.

A doctrine enforcing a promise without consideration when the promisor reasonably expected reliance, reliance occurred, and injustice can be avoided only by enforcement.

A bargained-for exchange of legal detriment or benefit; something the promisor sought and the promisee gave in return for the promise.

A person who was not a party to a contract but for whose benefit it was intended; an intended beneficiary may enforce the promise, while an incidental beneficiary may not.

A rule requiring certain contracts, such as those for land or those not performable within one year, to be evidenced by a writing signed by the party to be charged.

The sale-of-goods statute of frauds provision: a contract for goods priced at $500 or more is unenforceable without a writing, subject to exceptions for specially manufactured goods and admissions.

A doctrine allowing enforcement of an oral land contract when the buyer paid, took possession, and made substantial improvements, making the reliance inequitable to ignore.

The authority of courts to examine legislative and executive acts and invalidate those inconsistent with the Constitution; established in Marbury v. Madison.

A plaintiff's constitutional requirement to show an injury in fact that is fairly traceable to the defendant's conduct and redressable by a favorable court decision.

The requirement that a dispute be sufficiently developed and the harm sufficiently imminent for a court to adjudicate it, as opposed to an abstract or speculative question.

The doctrine barring adjudication when the controversy has ended; exceptions exist for wrongs capable of repetition yet evading review and for voluntary cessation.

An issue textually committed to another branch or lacking judicial standards, which a court will decline to decide as a nonjusticiable political question.

The principle that states may not discriminate against or unduly burden interstate commerce, even absent federal regulation, unless a legitimate local interest justifies it.

The constitutional rule that federal law prevails over conflicting state law and that states may not obstruct or discriminate against the exercise of federal power.

The displacement of state law by federal law when Congress expressly or impliedly occupies the field or when state law conflicts with federal requirements.

An essay structure that states the Issue, articulates the governing Rule, applies that rule to the facts, and reaches a Conclusion; the standard organizing framework for MEE answers.

The Multistate Essay Examination: six 30-minute essays testing substantive law across doctrinal subjects, with answers graded on rule accuracy, application, and organization.

The narrative of facts supplied in an exam question from which a candidate must extract legally significant details and apply the relevant rule.

The Multistate Performance Test: two 90-minute tasks requiring candidates to draft a legal document from a closed file of statutes, cases, and facts.

In an MPT task, the collection of authorities such as statutes, regulations, and cases that the candidate must apply to the client's facts.

In an MPT task, the materials describing the client's situation, including interview notes, correspondence, and documents, from which facts must be drawn.

An MPT task predicting how a court would rule, written in a neutral analytical tone rather than advocating for a result.

An advocacy document arguing for a client's position, typically organized around issues, with a statement of facts and argument applying authority to the record.