GA Bar Multistate Essay 2

Question 1

Under the UCC, a merchant's written confirmation of an oral contract sent to another merchant binds the recipient unless objection is made within:

Accepted Answer

30 days of receipt

Answer

Under UCC § 2-201(2), a merchant's written confirmation binds the receiving merchant unless written objection is sent within 10 days of receipt.

Question 2

On the MEE, when analyzing a contracts issue involving a common-law contract, the parol evidence rule bars introduction of prior or contemporaneous oral agreements that:

Accepted Answer

Contradict the terms of a fully integrated written contract

Answer

The parol evidence rule bars extrinsic evidence only to contradict (not to explain ambiguity or show conditions) a fully integrated written agreement.

Question 3

Under FRE 404(b), evidence of a defendant's prior bad acts is admissible to prove:

Accepted Answer

Identity, motive, intent, or absence of mistake

Answer

FRE 404(b)(2) allows prior bad act evidence for non-propensity purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

Question 4

Under FRE 803(6), a business record is admissible as a hearsay exception only if it was made:

Accepted Answer

At or near the time of the event by someone with knowledge, in the course of a regularly conducted activity

Answer

The business records exception requires a record made at or near the time of the event by a person with knowledge as part of a regularly conducted business activity.

Question 5

In an MEE contracts question, which doctrine allows a court to fill in a missing price term in an otherwise enforceable contract for the sale of goods?

Accepted Answer

The UCC gap-filler imposing a reasonable price at delivery

Answer

UCC § 2-305 permits courts to supply a reasonable price at the time of delivery when parties have not agreed on price but intended to form a contract.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Multistate Essay 2