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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. 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.
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2. The ADA prohibits discrimination against a qualified individual with a disability because of the disability with respect to discharge or other terms and conditions of employment. The ADA also requires that an employer consider an accomodation which w
Americans w/ Disabilites Act
Perjury
1st Amendment Free Association
Corporate Opportunity
3. 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
Hearsay
Pretermitted Spouse
RPC (Prospective Client)
4. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
CP (Motion for New Trial)
Perjury
Defense of Minority
5. 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
4th Amendment Search and Seizure
Fed Tax (Advancement)
Will Requirements
Pretermitted Spouse
6. 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
Conditional Devise
Americans w/ Disabilites Act
Fed Tax (Advancement)
Negligence (Malpractice)
7. Reasonable expansion of use of prescriptive easement allowed if not too burdensome to servient estate. Factors to consider: 1) Increase in size distinguished from increased use; 2) change in purpose of use; 3) Increased burden on servient estate.
Mitigation of Damages
Liability of Directors (improper distribution)
Prescriptive Easement (scope)
Removal to Action to Federal Court
8. 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
Pretermitted Spouse
4th Amendment Search and Seizure
Privacy Rights
Implied Warranty Construction Contract
9. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fair Reporting Privilege
ADEA (shifting burdens)
Fee Agreements
Statute of Frauds
10. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Treasure Trove
RPC (Prospective Client)
Jgmt on the Pleadings
11. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Restrictions on Transferability of Stock
Applicability of Express Warranty
Pre-Nuptial Agreements
Estates (Slayer's Act)
12. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Bona Fide Purchaser
Alimony
Sharehold Derivative Suit
Lay Opinion Testimony
13. Equity allows for the impression of a constructive trust and an accounting to allow the corporation to receive the benefit of the opportunity and any profits.
CP (Motion for New Trial)
RPC (Competence)
1st Amendment Free Speech (Defamation
Usurpation of Corporate Opportunity (Remedies)
14. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Privacy Rights
Fed Tax (Advancement)
ADEA (shifting burdens)
Ademption
15. 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
Attorney Work Product
Theft by Deception
Alimony
Deed (Delivery)
16. The tenancy is severable by the action of either joint tenant - and in PA the mortgage on the property by one of the joint tenants operates to sever the joint tenancy w/ right of survivorship (becomes tenancy in common).
Recording Statute
Kidnapping
Specially Manufactured Goods (SOF)
Joint Tenancy w/ Right of Survivorship
17. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Theft by Deception
Dying Declaration
Representing Multiple Parties
Unconcionable Contract Provision (UCC)
18. Generally - a promise to answer for the debts of another must be in writing to be enforceable. If the main object of the promisor is to serve his own pecuniary or business purpose - then SOF does not apply.
3rd Party Beneficiary
Oral Agreements (SOF)
Privacy Rights
Fed Tax (Advancement)
19. Minority or lack of capacity can be asserted as a defense to a contract. Contract made by a minor is voidable. Contract made by a minor involving a necessity or necessary - or which is not disaffirmed by the minor within a reasonable time after reach
Defense of Minority
Strict Products Liability
Latent Ambiguity
Restrictive Covenant (Enforcement)
20. Embezzeled funds and property are considered income in the year taken without permission into exclusive control and with no agreement with the victim to make any restitution.
Taxability of Embezzeled Property
Removal to Action to Federal Court
Liquidated Damages
Revocation of Acceptance
21. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Title VII- Retaliatory Discharge
Impeachment
RPC (Competence)
Codicil
22. Cash basis taxpayers report income when received or under the dominion and control of the taxpayer. Dividends are included in gross income. Receipt of a gift is not income.
Gift of Stock
Receipt of Income
CP (Motion for New Trial)
Equitable Division
23. 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.
Marital Property
Defense of Minority
Latent Ambiguity
Present-sense Impression
24. 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.
Age Discrimination
Devise of Encumbered Property
Applicability of Express Warranty
Dying Declaration
25. 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)
Estates (Intestate)
ADEA (shifting burdens)
Protection From Abuse Order
26. A criminal homicide constitutes 2nd degree murder when it is committed while D is engaged as a principal or accomplice in the perpetration of a felony.
2nd Degree Murder
Age Discrimination
Accord and Satisfaction
Robbery
27. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Estates (Slayer's Act)
Pat Down Search
1st Amendment Free Speech (Defamation
Kidnapping
28. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Prescriptive Easement (scope)
Jgmt on the Pleadings
Merchants Confirming Memo
Taxability of Embezzeled Property
29. 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.
Americans w/ Disabilites Act
Corporate Opportunity
Board of Directors (Voting)
Summary Jugment
30. 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
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31. A verdict is against the weight of the evidence where the verdict constitutes a miscarriage of justice or shocks the conscience of the Court - or is such that no reasonable jury could have reached the same conclusion.
Mitigation of Damages
1st Degree Murder
CP (Motion for New Trial)
Privacy Rights
32. 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
2nd Degree Murder
Loss of Consortium
Merchants Confirming Memo
33. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Recklessly Endangering
Recording Statute
Robbery
Procedural Due Process
34. 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
Theft
Alimony
Taxability of Embezzeled Property
Privacy Rights
35. Requires only proof that a product was sold in a defective condition unreasonably dangerous to the user or consumer - and that the defect was the proximate cause of P's injury. Defective condition includes the lack of adequate warnings or instruction
Recording Statute
Landlord Duties
Revocation of Acceptance
Strict Products Liability
36. 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.
Terroristic Threats
Latent Ambiguity
Title VII- Retaliatory Discharge
Gambling Winnings and Losses
37. Distributions may be authorized by directors with certain limitations such as the equity insolvency test and balance sheet test. Directors owe a duty of care and loyalty to the corporation that they serve. Directors who vote for an improper distribut
Protection From Abuse Order
Present-sense Impression
Liability of Directors (improper distribution)
Fair Reporting Privilege
38. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Attorney Contact w/ Represented Party
Present-sense Impression
Jgmt on the Pleadings
Receiving Stolen Property
39. 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.
Anticipatory Repudiation
Estates (Intestate)
1st Degree Murder
Ademption
40. Elements: 1) Does the restriction touch and concern the land; 2) is there intent to be bound (based on language - purposes and conditions surrounding the execution of the covenant). Actual notice to the successive owner of the existence of the covena
Fair Reporting Privilege
Restrictive Covenant (Enforcement)
Age Discrimination
Destruction of Identified Goods
41. 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
Procedural Due Process
Bona Fide Purchaser
Deductibility of Restitution
1st Amendment Free Speech
42. Restricts states from imposing differential treatment of in-state and out-of-state economic interests. A local regulation which discriminates on its face is invalid unless it advances a legitimate local purpose that cannot be served by reasonable non
Supression of Evidence
Warranties/Disclaimers
Destruction of Identified Goods
Dormant Commerce Clause
43. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Attorney Work Product
Protection From Abuse Order
Destruction of Identified Goods
Receiving Stolen Property
44. The making of a false statement under oath during an official proceeding - when the statement is material and he does not believe it to be true.
Perjury
Sharehold Derivative Suit
Ademption
Incorporation by Reference
45. 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
Mitigation of Damages
2nd Degree Murder
1st Amendment Free Association
Loss of Consortium
46. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
Retraint on Alienation
RPC (Competence)
Liability of Directors (improper distribution)
Landlord Duties
47. A deed containing the phrase 'will warrant specially the property hereby conveyed' will be construed to be a special warranty deed. A deed of special warranty obligates a grantor to defend title only against those claiming superior title by - under o
Receipt of Income
Special Warranty Deed
Anticipatory Repudiation
Privacy Rights
48. 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.
Destruction of Identified Goods
Title VII- Retaliatory Discharge
Liquidated Damages
Receipt of Income
49. Advertisement cannot contain false or misleading statements about lawyer's services. Creation of unjustified expectation about results to be achieved is misleading. Truthful statement can be misleading if it omits a fact necessary to make the lawyer'
Lawyer Advertising
Receiving Stolen Property
Codicil
Privacy Rights
50. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Loss of Consortium
Warranties/Disclaimers
Excited Utterance
Pretermitted Spouse