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

Under Twombly/Iqbal, a complaint must allege sufficient factual matter to state a claim that is plausible on its face, not merely conceivable.

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

FRCP 15(a)(1)(B) allows amendment as of right within 21 days after service of a responsive pleading or a Rule 12(b), (e), or (f) motion, whichever is earlier.

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

When a contract involves personal services uniquely tied to the agent, the principal cannot be substituted because the third party bargained for the agent's personal performance.

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

RUPA provides that a wrongfully dissociating partner is liable to the partnership for damages and is excluded from participation in winding up the business.

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

Under UCC Article 9, security interests in accounts (intangibles) are perfected by filing a financing statement because possession is impossible for intangible collateral.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Multistate Essay 5