GA Bar Multistate Essay 4

Question 1

Under the Fourth Amendment, a warrantless search of the curtilage of a home is presumptively unreasonable unless an exception applies. The curtilage is determined primarily by:

Accepted Answer

Proximity to the home, enclosure, uses to which the area is put, and steps taken to exclude the public

Answer

The Supreme Court in United States v. Dunn articulated a four-factor test: proximity, enclosure, nature of use, and steps taken to protect from observation.

Question 2

A defendant is charged with first-degree murder under a felony-murder rule. The underlying felony was robbery. Which defense most directly undermines the felony-murder charge?

Accepted Answer

The robbery was completed before the death occurred and the defendant had reached a place of temporary safety

Answer

Under the res gestae limitation, felony murder requires the killing to occur during the commission or flight from the felony; if the felony was complete and defendant reached safety, the causal link breaks.

Question 3

Under the Fifth Amendment, a suspect invokes the right to counsel during a custodial interrogation. Under Edwards v. Arizona, police may resume questioning without counsel present only when:

Accepted Answer

The suspect voluntarily reinitiates communication with law enforcement

Answer

Edwards prohibits police-initiated interrogation after a Fifth Amendment counsel invocation; questioning may resume only if the suspect voluntarily reinitiates further communication.

Question 4

Under substantive due process, economic regulations are reviewed under the rational basis test, meaning the law will be upheld if:

Accepted Answer

It is rationally related to a legitimate government interest

Answer

Rational basis review — the default for economic and social legislation — requires only that the law be rationally related to a legitimate government interest.

Question 5

A criminal defendant who pleads guilty pursuant to a plea agreement later seeks to withdraw the plea, claiming the prosecution breached the agreement. The appropriate remedy for a material prosecution breach is:

Accepted Answer

Either specific performance of the agreement or withdrawal of the plea, at the defendant's election

Answer

Santobello v. New York held that when a prosecutor breaches a plea agreement, the defendant is entitled to specific performance or withdrawal of the plea, at the court's discretion after considering the defendant's preference.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Multistate Essay 4