GA Bar Multistate Essay 5

Question 1

Under FRCP 12(b)(6), a complaint survives a motion to dismiss if it contains:

Accepted Answer

A short and plain statement showing the pleader is entitled to relief with enough facts to state a plausible claim

Answer

Specific evidence supporting each element of the cause of action

Answer

Detailed factual allegations establishing a probability of success on the merits

Answer

Verified allegations sworn to by the plaintiff

Question 2

Under FRCP 15, a party may amend its pleading once as a matter of course within 21 days of serving it or within:

Accepted Answer

21 days after service of a responsive pleading or Rule 12(b), (e), or (f) motion, whichever is earlier

Answer

30 days of service of the responsive pleading or a Rule 12(b) motion, whichever is later

Answer

60 days after the close of discovery

Answer

30 days before the pretrial conference

Question 3

Under agency law, an undisclosed principal is liable to a third party on a contract made by the agent acting within actual authority. However, the undisclosed principal is NOT liable if:

Accepted Answer

The contract required personal performance by the agent and the principal cannot substitute

Answer

The third party did not know the principal existed at the time of contracting

Answer

The agent lacked the authority to contract on behalf of the principal

Answer

The third party would have refused to deal with the principal

Question 4

Under the Revised Uniform Partnership Act (RUPA), a partner who dissociates from a partnership by wrongful withdrawal is:

Accepted Answer

Liable for damages caused by the wrongful dissociation and loses the right to participate in winding up

Answer

Immediately released from all pre-existing partnership debts

Answer

Entitled to immediate buyout at full fair value with no offset for damages

Answer

Absolved of liability if the partnership was at-will at the time of withdrawal

Question 5

Under Article 9 of the UCC, a security interest in accounts receivable is perfected by:

Accepted Answer

Filing a financing statement in the appropriate filing office

Answer

Possession of the accounts

Answer

Notation on the debtor's business license

Answer

Recording with the county recorder

Question 6

Under conflict of laws, the 'most significant relationship' test of the Restatement (Second) for tort claims directs courts to apply the law of the state with:

Accepted Answer

The greatest interest as measured by the place of injury, place of conduct, domicile of parties, and center of the parties' relationship

Answer

The most contacts in absolute number regardless of quality

Answer

The defendant's domicile in all personal injury cases

Answer

The plaintiff's domicile in all cases involving economic harm

Question 7

Under corporate law, the business judgment rule protects directors from personal liability for a decision if the director:

Accepted Answer

Made the decision on an informed basis, in good faith, and in the honest belief it was in the corporation's best interest

Answer

Ensured the decision maximized short-term shareholder value

Answer

Obtained shareholder ratification before acting

Answer

Had no financial interest and the decision was later profitable