GA Bar Multistate Bar 3 — Questions and Answers
Question 1: A testator executes a will leaving all property to her daughter. Two years later she marries. She dies without changing her will. Under the majority rule, what happens to her estate?
- The entire estate passes to the daughter as written in the will
- The spouse receives an intestate share as a pretermitted spouse, reducing the daughter's share (Correct answer)
- The will is entirely revoked by the marriage
- The spouse receives nothing because the will was properly executed before the marriage
Correct answer: The spouse receives an intestate share as a pretermitted spouse, reducing the daughter's share
Under most pretermitted spouse statutes, a spouse married after will execution receives an intestate share unless the omission was intentional or other provisions were made.
Question 2: A defendant shoots at person A intending to kill him, but misses and kills person B standing nearby. Under the doctrine of transferred intent, the defendant is:
- Guilty of murder of person B because intent transfers to the actual victim (Correct answer)
- Not guilty of murder because he did not intend to kill person B
- Guilty only of attempted murder of person A
- Not guilty because transferred intent does not apply to homicide
Correct answer: Guilty of murder of person B because intent transfers to the actual victim
Under transferred intent, the defendant's intent to kill person A transfers to person B, making him guilty of murder of person B.
Question 3: A plaintiff brings a negligence claim. The defendant moves for summary judgment arguing no genuine issue of material fact exists. The court must view the evidence in the light most favorable to:
- The defendant, as the moving party
- The plaintiff, as the non-moving party (Correct answer)
- Neither party—the court must weigh the evidence equally
- The party with the stronger evidence
Correct answer: The plaintiff, as the non-moving party
On a motion for summary judgment, all reasonable inferences and evidence must be viewed in the light most favorable to the non-moving party.
Question 4: A seller contracts to deliver 500 units of goods. The seller delivers 490 units. Under the UCC perfect tender rule:
- The buyer must accept because the deviation is minor
- The buyer may reject the entire shipment for any nonconformity (Correct answer)
- The buyer may only seek damages, not rejection, for minor deviations
- The buyer must give the seller an opportunity to cure before rejecting
Correct answer: The buyer may reject the entire shipment for any nonconformity
Under UCC § 2-601, a buyer may reject goods if they fail in any respect to conform to the contract—the perfect tender rule allows rejection for any nonconformity.
Question 5: A homeowner negligently leaves a ladder against the side of a house. A trespasser uses the ladder to gain access to the second floor and falls. Under traditional common law, what duty does the homeowner owe the trespasser?
- A duty of reasonable care under the circumstances
- A duty to warn of known, concealed dangers
- Only a duty to refrain from willful or wanton conduct (Correct answer)
- A duty to inspect for and repair hazardous conditions
Correct answer: Only a duty to refrain from willful or wanton conduct
At common law, landowners owe trespassers only a duty to refrain from willful, wanton, or reckless conduct—not a duty of reasonable care.
Question 6: Congress passes a law requiring all firearms dealers to conduct background checks using a federal database. A state claims this law is unconstitutional. Under the Supremacy Clause and Commerce Clause, the law is most likely:
- Unconstitutional because gun regulation is reserved to the states under the Tenth Amendment
- Constitutional if firearms commerce has a substantial effect on interstate commerce (Correct answer)
- Unconstitutional because background checks are an inherently local activity
- Constitutional only if every state has enacted similar legislation
Correct answer: Constitutional if firearms commerce has a substantial effect on interstate commerce
Congress may regulate firearms dealers under the Commerce Clause if the activity substantially affects interstate commerce, and the Supremacy Clause makes valid federal law supreme over state law.
Question 7: A landlord rents an apartment to a tenant for one year. During the tenancy, the roof develops a major leak rendering the apartment uninhabitable. The tenant vacates and stops paying rent. Under the implied warranty of habitability:
- The tenant must continue paying rent and sue for damages
- The tenant may terminate the lease and be excused from rent obligations (Correct answer)
- The tenant is liable for rent because the lease is a binding contract
- The landlord has no liability unless the lease specifically addresses repairs
Correct answer: The tenant may terminate the lease and be excused from rent obligations
Under the implied warranty of habitability, a landlord must maintain rental premises in a livable condition; a material breach allows the tenant to terminate and be excused from rent.
GA Bar Multistate Bar 3
A testator executes a will leaving all property to her daughter.
Two years later she marries.
She dies without changing her will.
Under the majority rule, what happens to her estate?