Georgia Bar Review Exam Rated A+
3 Stages of the Agreement Process - ANSWER-- Initial communication (offer)
- What happens after the initial communication
- Who responds and how she responds
4 Contracts Subject to the Statute of Frauds - ANSWER-- Promises to answer for the
debts of another (guarantor)
- Service contract not capable of being performed within year from the time of the
contract
- Transfers of interest in real estate (with exception of leases of year or less)
- Sale of goods for $500 or more
Abatement and Priority (Wills) - ANSWER-- Use the lowest priority to pay expenses
from the testator and work your way up
- Priority of beneficiaries in will: specific devise; demonstrative legacy; general legacy;
residuary bequest; intestate property
Acceptance of Goods (UCC) - ANSWER-- If the buyer accepts the goods, it cannot later
reject them
- Payment without opportunity for inspection is not acceptance
- Rejection must be timely; failure to reject after the buyer had reasonable time to reject
is acceptance
- Buyer's retention of goods without objection is acceptance
Accessory after the Fact - ANSWER-Common Law
- D must help a principal who has committed a felony
- With knowledge that the crime has been committed AND
- With the intent to help the principal avoid arrest or conviction
MPC/Georgia
- Converted to different statutory crimes
Accomplice Liability - ANSWER-- Guilty of all crimes that he aided or encouraged (just
as if he did it) AND
- All other foreseeable crimes committed along with the aided crime
Accomplice Withdrawal - ANSWER-- An accomplice can avoid liability by withdrawing
before the crime is committed
- An encourager must repudiate his encouragement
- Aider must either neutralize his assistance or prevent the crime from happening
Accounts (Collateral) - ANSWER-- A right to payment for goods, services, real property,
insurance policy, etc.
,Adding Necessary and Indispensable Parties - ANSWER-Who is Necessary
- Without A, the court cannot accord complete relief among existing parties
- A's interests may be harmed if he is not joined OR
- A claims an interest that subjects a party to a risk of multiple obligations
Is Joinder Feasible
- Is there PJ over A
- Joinder will not mess with diversity jurisdiction
Additional Claims in SMJ - ANSWER-Each claim must be tested as to whether it will
have diversity or FQ to get into federal court
Additional Type 3 (Damages) Class Action Requirements - ANSWER-The court must
notify class members that they are in a class; notice must tell them that they can opt
out, they'll be bound if they don't, and they can enter a separate appearance through
counsel
Admissibility of Comparable Sales on Issue of Value - ANSWER-- Selling price of other
property of a similar type, in the same general location, and close in time to period at
issue, is some evidence of value of property at issue
Admissibility of Defendant's Character - ANSWER-- Evidence of character to prove
conduct on a particular occasion is inadmissible during prosecution's case in chief
- During defense, defendant may introduce evidence of a relevant character trait, which
opens the door to the prosecution on cross and to call witnesses to rebut evidence
Admissibility of Defendant's Other Crimes for Non Character Purpose - ANSWER--
Generally not admissible during the prosecution's case in chief
- EXCEPTIONS (MIMIC)
- Motive
- Intent
- Mistake/accident, absence thereof
- Identity
- Common scheme or plan
Admissibility of Habit - ANSWER-- Habit is a repetitive response to a particular set of
circumstances
- Habit of a person is admissible as circumstantial evidence of how the person acted on
the occasion at issue in the litigation
Admissibility of Intent at Issue - ANSWER-- Prior similar conduct of a person may be
admissible to raise an inference of the person's intent on a later occasion
Admissibility of Liability Insurance - ANSWER-- Inadmissible for the purpose of fault or
the absence of fault
,- EXCEPTION- admissible for some other relevant purpose, such as (a) to prove
ownership or control of the instrumentality or location if any of these issues are disputed
by the defendant, and (b) for the purpose of impeaching a witness on the ground of bias
Admissibility of Offer to Pay Hospital or Medical Expenses - ANSWER-- Inadmissible to
prove liability
Admissibility of Plaintiff's Accident History - ANSWER-- Generally plaintiff's accident
history is inadmissible because it shows propensity
- EXCEPTION- admissible if the event that caused the plaintiff's injuries is at issue
Admissibility of Prior Convictions - ANSWER-- Permissible to introduce a conviction of
any crime as to which the prosecution was required to prove false statements as an
element of the crime
- If no proof of a false statement, then it must be a felony and may be excluded if the
probative value is outweighed by the danger of unfair prejudice
- Must be within 10 years of the trial
Admissibility of Settlements of Disputed Civil Claims - ANSWER-Inadmissible
- Evidence of settlement
- Offer to settle
- Statements of fact made during settlement negotiations
Admissible
- When impeaching a witness on ground of bias
- Statement of fact made during settlement discussion in civil litigation with a
government regulatory agency are admissible in a criminal case
Admissibility of Similar Accidents Caused by Same Instrumentality or Condition -
ANSWER-- Generally other accidents are inadmissible because they suggest nothing
more than general character for carelessness
- EXCEPTIONS- are admissible for 3 purposes if the accident occurred under
substantially similar circumstances
- Show the existence of a dangerous condition
- Causation of the accident
- Prior notice to the defendant
Admissibility of Subsequent Remedial Measures - ANSWER-- Inadmissible for the
purpose of proving negligence, culpable conduct, product defect, or need for warning
- EXCEPTION- admissible for some other relevant purpose such as proof of ownership
or control or feasibility of a safer condition if either are disputed
Admissibility of Victim's Character in a Self Defense Case - ANSWER-- Criminal
defendant may introduce evidence of victim's violent character as circumstantial
evidence that the victim was the first aggressor
, Admissible Character Evidence - ANSWER-- Person'a character is an essential element
in the case
- Character evidence as circumstantial evidence of the person's conduct on a particular
occasion
- Witness's bad character for truthfulness to impeach credibility
Adoption (Principal/Agent) - ANSWER-- Like ratification, but it is not retroactive
- Agent is not released form liability, but the principal is now liable with the agent upon
adoption
Adverse Possession - ANSWER-COAH
- Continuous use for the statutory period
- Open and notorious use
- Actual use that need not be exclusive
- Hostile use; without the servant owner's consent
Advertisements or Price Quotations and Offers - ANSWER-General
- Generally not offers
Exceptions
- Advertisement can be a unilateral offer if it is in the nature of a reward
- Advertisement can be an offer if it specifies quantity and expressly indicates who can
accept
- Price quotation can be an offer if sent in response to an inquiry
Affirmative Covenants - ANSWER-- Promise to do something related to the land
Affirmative Easement - ANSWER-The right to do something on servant land
Aggregating Claims in SMJ - ANSWER-- Aggregate the claims of any one P against any
one D, regardless of whether they are related
- When suing joint tortfeasors, use the total value of the claim
Alienability of Trust Proceeds - ANSWER-- Perfectly alienable
Alteration's Effect on HDC - ANSWER-- Change in obligation- HDC can enforce for the
original amount
- Unauthorized completion- HDC may enforce as completed
Ambiguity in Words of Agreement - ANSWER-No contract if
- Parties use a material term that is open to at least two reasonable interpretations, AND
- Each party attaches different meaning to the term AND
- Neither party knows or has to reason to know the term is open to at least two
reasonable interpretations
3 Stages of the Agreement Process - ANSWER-- Initial communication (offer)
- What happens after the initial communication
- Who responds and how she responds
4 Contracts Subject to the Statute of Frauds - ANSWER-- Promises to answer for the
debts of another (guarantor)
- Service contract not capable of being performed within year from the time of the
contract
- Transfers of interest in real estate (with exception of leases of year or less)
- Sale of goods for $500 or more
Abatement and Priority (Wills) - ANSWER-- Use the lowest priority to pay expenses
from the testator and work your way up
- Priority of beneficiaries in will: specific devise; demonstrative legacy; general legacy;
residuary bequest; intestate property
Acceptance of Goods (UCC) - ANSWER-- If the buyer accepts the goods, it cannot later
reject them
- Payment without opportunity for inspection is not acceptance
- Rejection must be timely; failure to reject after the buyer had reasonable time to reject
is acceptance
- Buyer's retention of goods without objection is acceptance
Accessory after the Fact - ANSWER-Common Law
- D must help a principal who has committed a felony
- With knowledge that the crime has been committed AND
- With the intent to help the principal avoid arrest or conviction
MPC/Georgia
- Converted to different statutory crimes
Accomplice Liability - ANSWER-- Guilty of all crimes that he aided or encouraged (just
as if he did it) AND
- All other foreseeable crimes committed along with the aided crime
Accomplice Withdrawal - ANSWER-- An accomplice can avoid liability by withdrawing
before the crime is committed
- An encourager must repudiate his encouragement
- Aider must either neutralize his assistance or prevent the crime from happening
Accounts (Collateral) - ANSWER-- A right to payment for goods, services, real property,
insurance policy, etc.
,Adding Necessary and Indispensable Parties - ANSWER-Who is Necessary
- Without A, the court cannot accord complete relief among existing parties
- A's interests may be harmed if he is not joined OR
- A claims an interest that subjects a party to a risk of multiple obligations
Is Joinder Feasible
- Is there PJ over A
- Joinder will not mess with diversity jurisdiction
Additional Claims in SMJ - ANSWER-Each claim must be tested as to whether it will
have diversity or FQ to get into federal court
Additional Type 3 (Damages) Class Action Requirements - ANSWER-The court must
notify class members that they are in a class; notice must tell them that they can opt
out, they'll be bound if they don't, and they can enter a separate appearance through
counsel
Admissibility of Comparable Sales on Issue of Value - ANSWER-- Selling price of other
property of a similar type, in the same general location, and close in time to period at
issue, is some evidence of value of property at issue
Admissibility of Defendant's Character - ANSWER-- Evidence of character to prove
conduct on a particular occasion is inadmissible during prosecution's case in chief
- During defense, defendant may introduce evidence of a relevant character trait, which
opens the door to the prosecution on cross and to call witnesses to rebut evidence
Admissibility of Defendant's Other Crimes for Non Character Purpose - ANSWER--
Generally not admissible during the prosecution's case in chief
- EXCEPTIONS (MIMIC)
- Motive
- Intent
- Mistake/accident, absence thereof
- Identity
- Common scheme or plan
Admissibility of Habit - ANSWER-- Habit is a repetitive response to a particular set of
circumstances
- Habit of a person is admissible as circumstantial evidence of how the person acted on
the occasion at issue in the litigation
Admissibility of Intent at Issue - ANSWER-- Prior similar conduct of a person may be
admissible to raise an inference of the person's intent on a later occasion
Admissibility of Liability Insurance - ANSWER-- Inadmissible for the purpose of fault or
the absence of fault
,- EXCEPTION- admissible for some other relevant purpose, such as (a) to prove
ownership or control of the instrumentality or location if any of these issues are disputed
by the defendant, and (b) for the purpose of impeaching a witness on the ground of bias
Admissibility of Offer to Pay Hospital or Medical Expenses - ANSWER-- Inadmissible to
prove liability
Admissibility of Plaintiff's Accident History - ANSWER-- Generally plaintiff's accident
history is inadmissible because it shows propensity
- EXCEPTION- admissible if the event that caused the plaintiff's injuries is at issue
Admissibility of Prior Convictions - ANSWER-- Permissible to introduce a conviction of
any crime as to which the prosecution was required to prove false statements as an
element of the crime
- If no proof of a false statement, then it must be a felony and may be excluded if the
probative value is outweighed by the danger of unfair prejudice
- Must be within 10 years of the trial
Admissibility of Settlements of Disputed Civil Claims - ANSWER-Inadmissible
- Evidence of settlement
- Offer to settle
- Statements of fact made during settlement negotiations
Admissible
- When impeaching a witness on ground of bias
- Statement of fact made during settlement discussion in civil litigation with a
government regulatory agency are admissible in a criminal case
Admissibility of Similar Accidents Caused by Same Instrumentality or Condition -
ANSWER-- Generally other accidents are inadmissible because they suggest nothing
more than general character for carelessness
- EXCEPTIONS- are admissible for 3 purposes if the accident occurred under
substantially similar circumstances
- Show the existence of a dangerous condition
- Causation of the accident
- Prior notice to the defendant
Admissibility of Subsequent Remedial Measures - ANSWER-- Inadmissible for the
purpose of proving negligence, culpable conduct, product defect, or need for warning
- EXCEPTION- admissible for some other relevant purpose such as proof of ownership
or control or feasibility of a safer condition if either are disputed
Admissibility of Victim's Character in a Self Defense Case - ANSWER-- Criminal
defendant may introduce evidence of victim's violent character as circumstantial
evidence that the victim was the first aggressor
, Admissible Character Evidence - ANSWER-- Person'a character is an essential element
in the case
- Character evidence as circumstantial evidence of the person's conduct on a particular
occasion
- Witness's bad character for truthfulness to impeach credibility
Adoption (Principal/Agent) - ANSWER-- Like ratification, but it is not retroactive
- Agent is not released form liability, but the principal is now liable with the agent upon
adoption
Adverse Possession - ANSWER-COAH
- Continuous use for the statutory period
- Open and notorious use
- Actual use that need not be exclusive
- Hostile use; without the servant owner's consent
Advertisements or Price Quotations and Offers - ANSWER-General
- Generally not offers
Exceptions
- Advertisement can be a unilateral offer if it is in the nature of a reward
- Advertisement can be an offer if it specifies quantity and expressly indicates who can
accept
- Price quotation can be an offer if sent in response to an inquiry
Affirmative Covenants - ANSWER-- Promise to do something related to the land
Affirmative Easement - ANSWER-The right to do something on servant land
Aggregating Claims in SMJ - ANSWER-- Aggregate the claims of any one P against any
one D, regardless of whether they are related
- When suing joint tortfeasors, use the total value of the claim
Alienability of Trust Proceeds - ANSWER-- Perfectly alienable
Alteration's Effect on HDC - ANSWER-- Change in obligation- HDC can enforce for the
original amount
- Unauthorized completion- HDC may enforce as completed
Ambiguity in Words of Agreement - ANSWER-No contract if
- Parties use a material term that is open to at least two reasonable interpretations, AND
- Each party attaches different meaning to the term AND
- Neither party knows or has to reason to know the term is open to at least two
reasonable interpretations
