GA Bar Multistate Bar 2

Question 1

A defendant is charged with burglary. At common law, which element is REQUIRED to establish burglary?

Accepted Answer

Breaking and entering a dwelling at nighttime with intent to commit a felony therein

Answer

At common law, burglary requires breaking and entering a dwelling house of another at nighttime with intent to commit a felony therein.

Question 2

Under the Federal Rules of Evidence, which of the following is NOT hearsay?

Accepted Answer

A prior inconsistent statement made under oath at a prior proceeding, offered to impeach

Answer

A prior inconsistent statement made under oath at a prior proceeding is classified as non-hearsay under FRE 801(d)(1)(A) when offered to impeach.

Question 3

A landowner grants her neighbor an easement to use a driveway across her land. The landowner later sells the property. Which statement is correct?

Accepted Answer

The easement runs with the land and binds the purchaser if the purchaser had notice

Answer

An appurtenant easement runs with the land and is enforceable against subsequent purchasers who take with actual, constructive, or inquiry notice.

Question 4

A plaintiff sues a defendant in federal court based solely on diversity jurisdiction. The plaintiff is a citizen of Georgia and the defendant is a corporation incorporated in Delaware with its principal place of business in Georgia. Is diversity satisfied?

Accepted Answer

No, because a corporation is a citizen of both its state of incorporation and principal place of business

Answer

Under 28 U.S.C. § 1332, a corporation is deemed a citizen of both its state of incorporation and the state where it has its principal place of business, so complete diversity is destroyed here.

Question 5

Under contract law, which of the following constitutes a valid modification of an existing contract for the sale of goods under the UCC?

Accepted Answer

A modification agreed to in good faith, even without new consideration

Answer

Under UCC § 2-209, a contract for the sale of goods may be modified without consideration if the modification is made in good faith.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Multistate Bar 2