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Test your basic knowledge |
PA Bar Exam
Start Test
Study First
Subject
:
law
Instructions:
Answer 50 questions in 15 minutes.
If you are not ready to take this test, you can
study here
.
Match each statement with the correct term.
Don't refresh. All questions and answers are randomly picked and ordered every time you load a test.
This is a study tool. The 3 wrong answers for each question are randomly chosen from answers to other questions. So, you might find at times the answers obvious, but you will see it re-enforces your understanding as you take the test each time.
1. Liabilities of the disappearing corporation flow to the surviving corporation.
RPC (Prospective Client)
Fed Tax (Advancement)
Liability of Claims After Merger
Tenancy by the Entireties
2. An offer can be accepted by performance. Necessity of knowledge of an offer to create a power of acceptance. Acquisition of knowledge during performance but prior to completion creates power of acceptance.
Contract Formation
Incorporation by Reference
Treasure Trove
Theft
3. Gain on sale or transfer of a home is generally a taxable event for seller. The gain equals the amount realized on sale less the adjusted basis of the property. The adjusted basis includes the original cost plus the cost of any improvements. The amou
Liability of Directors (improper distribution)
Estates (Slayer's Act)
Taxability of Sale of Residence
Summary Jugment
4. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
5. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou
Unconcionable Contract Provision (UCC)
4th Amendment Search and Seizure
Title VII- Retaliatory Discharge
Latent Ambiguity
6. The Supreme Court has recognized certain zones of privacy are created by the Constitution. Personal medical information has been deemed within the ambit of the zone of privacy by judicial decision. A balancing test is applied to determine whether a p
Theft by Deception
Privacy Rights
Implied Warranty Construction Contract
Lay Opinion Testimony
7. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.
Pretermitted Spouse
Dying Declaration
Perjury
Statute of Frauds
8. A document which is not admissible to probate as a document incorporated by reference because it was not in existence at the time of the execution of the will in question may nevertheless be admissible to probate as a codicil if in fact it was execut
Standing
Codicil
Marital Property
Warranties/Disclaimers
9. There's an implicit right of association for expressive purposes under the 1st Amendment. An infringement on this right may be justified by a compelling state interest. Even as a compelling state interest - enforecement of non-discrimination laws mus
Strict Products Liability
Equitable Division
Incorporation by Reference
1st Amendment Free Association
10. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
Pre-Nuptial Agreements
Mutual Mistake
Bequests
Attorney Work Product
11. A direct or indirect threat to commit a crime with intent to terrorize.
Merchants Confirming Memo
Receiving Stolen Property
Dormant Commerce Clause
Terroristic Threats
12. The proceeds of a life insurance policy are generally not gross income to the beneficiary. The proceeds of a life insurance policy are gross income if the policy was transferred for value. The value of the consideration given by the beneficiary in ex
Tax (Life Insurance Policy Proceeds)
4th Amendment Search and Seizure
Board of Directors (Voting)
Impeachment
13. Exists where uncertainty arises from extrinsic facts or circumstances in relation to the legatees named in the will. Where a latent ambiguity exists - extrinsic evidence is admissible to explainor clarify the ambiguity.
Hearsay
Robbery
Latent Ambiguity
Receiving Stolen Property
14. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Merchants Confirming Memo
Attorney Work Product
Protection From Abuse Order
ADEA (shifting burdens)
15. With the intent to defraud or injure or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone the actor alters any writing of another without his authority or utters any writing he knows to be forged.
Americans w/ Disabilites Act
Forgery
Treasure Trove
Deductibility of Restitution
16. To establish legal malpractice - client must establish: 1) employment of the attorney or other basis for a duty - 2) the failure of the attorney to exercise ordinary skill and knowledge - and 3) that such negligence was the proximate cause of damage
Lay Opinion Testimony
Negligence (Malpractice)
Protection From Abuse Order
Treasure Trove
17. An attorney is prohibited from communicating about the subject of the representation with a party the lawyer knows to be represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
Bona Fide Purchaser
Fed Tax (Advancement)
Attorney Contact w/ Represented Party
Dormant Commerce Clause
18. Standing requires an injury to P fairly traceable to the Ds conduct. An organization may have standing to sue on behalf of its members if the members would have standing - the interests it seeks to protect are germane to its purpose - and neither the
Standing
Marital Property
Simple Assault
Defense of Minority
19. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
1st Amendment Free Speech
Attorney-Client Communication
Criminal Conspiracy
Latent Ambiguity
20. Only actions which fall within original jurisdiction of the District Court can be removed. Identification of federal question and diversity of citizenship as grounds for jurisdiction.
Mutual Mistake
Removal to Action to Federal Court
Present-sense Impression
Equitable Division
21. The intestate estate of a decedent who does not leave a surviving spouse but does leave two surviving children (and no deceased children) passes in equal shares to the decedent's two children.
Estates (Intestate)
Dormant Commerce Clause
Negligence (Malpractice)
Merchants Confirming Memo
22. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Unconcionable Contract Provision (UCC)
Deed (Delivery)
Joint Tenancy w/ Right of Survivorship
23. Income from gambling constitutes gross taxable income - while losses may be deducted.
Landlord Duties
Equitable Division
Gambling Winnings and Losses
Defense of Minority
24. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
25. Directors generally serve at the will of the shareholders and can be removed by the shareholders with or without cause. Directors may only be removed by the direcors for cause under limited circumstances.
Estates (Slayer's Act)
Pat Down Search
Attorney Contact w/ Represented Party
Board of Directors (Removal)
26. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Buyer's duties (rejected goods)
Estates (Intestate)
Treasure Trove
Specially Manufactured Goods (SOF)
27. There is a presumption of assent unless a director votes against the actions of the board and the dissent is recorded. May be recorded in minutes or by providing the secretary a written statement during or shortly after the meeting.
Board of Directors (Voting)
Statute of Frauds
Sharehold Derivative Suit
Deductibility of Restitution
28. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Restrictions on Transferability of Stock
Fair Reporting Privilege
Entrapment
Latent Ambiguity
29. Property obtained during the course of the marriage is marital property - subject to equitable division.
Fair Reporting Privilege
Marital Property
Incorporation by Reference
Joint Tenancy (Severance)
30. An express warranty may be enforced by a third party beneficiary who was injured while a guest at the home of the purchaser of the goods to which the warranty applies.
Applicability of Express Warranty
Liquidated Damages
Recklessly Endangering
Statute of Frauds
31. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.
Retraint on Alienation
Corporate Opportunity
Equitable Division
Receipt of Income
32. No petitioner is entitled to receive an award of alimony where the petitioner - subsequent to divorce - has entered into cohabitation with a person of the opposite sex who is not a family member. Cohabitation may be shown by evidence of financial - s
Proper Service of Complaint
Estates (Advancement)
Forgery
Alimony
33. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
3rd Party Beneficiary
Simple Assault
Restrictive Covenant (Enforcement)
Constructive Eviction
34. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
1st Amendment Free Speech
Ademption
Bona Fide Purchaser
Theft
35. (a) A lawyer shall keep a client informed about the status of a matter and promptly comply wth reasonable requests for information. (b) A lawyer shall explain a matter to the extent necessary to permit the client to make informed decisions regarding
Treasure Trove
Dying Declaration
Americans w/ Disabilites Act
Attorney-Client Communication
36. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Estates (Slayer's Act)
Prescriptive Easement
Specially Manufactured Goods (SOF)
Pre-Nuptial Agreements
37. Where a contract for the sale of goods presupposes the continued existence of identified goods and the goods are totally destroyed throgh no fault of the parties while the risk of loss remained with the seller - the contract is avoided.
Revocation of Acceptance
Destruction of Identified Goods
Merchants Confirming Memo
RPC (Competence)
38. Work product doctrine protects work performed by an attorney in anticipation of litigation from disclosure. Attorney work product may be discovered if the party seeking discovery has a substantial need for the materials to prepare their case and is u
Applicability of Express Warranty
Attorney Work Product
Merchants Confirming Memo
Unauthorized Practice of Law
39. Delivery of a deed is essential to pass title. Physical transfer of deed is not necessary to effect delivery. Delivery depends on the intent of the grantor. Delivery may be accomplished when grantor gives the deed to a third party with instructions r
Pretermitted Spouse
Emancipation
Deed (Delivery)
Bequests
40. Attorney should analyze for potential conflict of interest. Attorney should advise clients of potential conflicts and obtain their informed consent. Once a direct conflict arises - the attorney should withdraw.
Representing Multiple Parties
Board of Directors (Removal)
Loss of Consortium
Strict Products Liability
41. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Excited Utterance
Usurpation of Corporate Opportunity (Remedies)
Negligence (Malpractice)
Prescriptive Easement
42. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.
Hearsay
Tenancy by the Entireties
Marital Property
Equitable Division
43. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
Warranties/Disclaimers
Excited Utterance
1st Amendment Free Speech (Defamation
Estates (Advancement)
44. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Usurpation of Corporate Opportunity (Remedies)
Mutual Mistake
Recording Statute
1st Degree Murder
45. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Removal to Action to Federal Court
Statute of Frauds
Protection From Abuse Order
46. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Pat Down Search
2nd Degree Murder
Taxability of Embezzeled Property
Oral Agreements (SOF)
47. Exists where uncertainty arises from extrinsic facts or circumstances in relation to the legatees named in the will. Where a latent ambiguity exists - extrinsic evidence is admissible to explainor clarify the ambiguity.
Dormant Commerce Clause
Age Discrimination
Latent Ambiguity
1st Amendment Free Speech
48. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition - or immediately thereafter. The truthfulness of the statement arises from its timing.
Present-sense Impression
Ademption
4th Amendment Govt Employers
Deductibility of Restitution
49. The 14th Amendment protects against the deprivation of property or liberty without due process. At will employment does not establish a legitimate claim of continued employment to establish a property interest but 60 day notice provision supports exi
Joint Tenancy w/ Right of Survivorship
Procedural Due Process
Gift of Stock
Ademption
50. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan
Latent Ambiguity
RPC (Competence)
Protection From Abuse Order
Fed Tax (Advancement)