GA Bar State Law 2 — Questions and Answers
Question 1: Under O.C.G.A. § 9-3-33, what is the statute of limitations for personal injury actions in Georgia?
- 1 year
- 2 years (Correct answer)
- 3 years
- 4 years
Correct answer: 2 years
Georgia's personal injury statute of limitations is 2 years from the date of injury under O.C.G.A. § 9-3-33.
Question 2: Under the Georgia Civil Practice Act, a defendant must serve an answer within how many days after service of the complaint?
- 21 days
- 30 days (Correct answer)
- 45 days
- 60 days
Correct answer: 30 days
Unlike the federal 21-day rule, Georgia requires defendants to answer within 30 days of service under O.C.G.A. § 9-11-12(a).
Question 3: Under Georgia's Long Arm Statute (O.C.G.A. § 9-10-91), personal jurisdiction may be exercised over a nonresident who:
- Was served process while passing through Georgia
- Commits a tortious act within Georgia (Correct answer)
- Has a close relative domiciled in Georgia
- Previously held a Georgia business license
Correct answer: Commits a tortious act within Georgia
Georgia's Long Arm Statute authorizes jurisdiction over nonresidents who commit tortious acts within the state, among other enumerated bases.
Question 4: Under the Georgia Constitution, venue for a tort action against an individual defendant is generally proper in:
- The county where the tort occurred
- The county where the defendant resides (Correct answer)
- The county where the plaintiff resides
- Any county chosen by the plaintiff
Correct answer: The county where the defendant resides
Georgia's constitution (Art. VI, Sec. II, Para. VI) entitles defendants to be sued in the county of their residence.
Question 5: What is the statute of limitations for breach of a written contract under Georgia law?
- 4 years
- 5 years
- 6 years (Correct answer)
- 8 years
Correct answer: 6 years
O.C.G.A. § 9-3-24 provides a 6-year statute of limitations for actions on written contracts.
Question 6: Under O.C.G.A. § 44-13-1, Georgia's homestead exemption protects a debtor's primary residence equity up to:
- $10,000
- $21,500 (Correct answer)
- $43,000
- $100,000
Correct answer: $21,500
Georgia's homestead exemption under O.C.G.A. § 44-13-1 shields up to $21,500 in equity in a debtor's primary residence from forced sale.
Question 7: Under the Georgia Constitution, Art. I, Sec. I, Para. XI, the right to a jury trial in civil cases:
- Applies only when the amount in controversy exceeds $10,000
- Can be waived only with prior court approval
- Shall remain inviolate as a constitutional guarantee (Correct answer)
- Is limited to actions involving real property
Correct answer: Shall remain inviolate as a constitutional guarantee
The Georgia Constitution uses the word 'inviolate' to guarantee the right to jury trial in civil cases, reflecting its fundamental character.
GA Bar State Law 2
Under O.C.G.A. § 9-3-33, what is the statute of limitations for personal injury actions in Georgia?