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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. 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
Joint Tenancy w/ Right of Survivorship
Treasure Trove
Attorney Work Product
Negligence (Malpractice)
2. 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.
Liability of Claims After Merger
3rd Party Beneficiary
Gift of Stock
Prescriptive Easement (scope)
3. 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.
Liquidated Damages
Taxability of Embezzeled Property
Age Discrimination
Fair Reporting Privilege
4. 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
Specially Manufactured Goods (SOF)
Attorney Work Product
Mitigation of Damages
5. 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
Mutual Mistake
1st Amendment Free Speech
Special Warranty Deed
Usurpation of Corporate Opportunity (Remedies)
6. There is a constructive eviction where the implied covenant for the quiet enjoyment of leased premises is breached. To establish a constructive eviction - there must be substantial interference with quiet enjoyment of leased premises - such that it d
Defense of Minority
Accord and Satisfaction
Gambling Winnings and Losses
Constructive Eviction
7. Use of force to aid in escape after committing a theft constitutes robbery.
Unconcionable Contract Provision (UCC)
Robbery
Jgmt on the Pleadings
Oral Agreements (SOF)
8. 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
Buyer's duties (rejected goods)
Theft
Kidnapping
Retraint on Alienation
9. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Merchants Confirming Memo
Criminal Trespass
RPC (Competence)
1st Degree Murder
10. 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
CP (Motion for New Trial)
Statute of Frauds
Pat Down Search
Unauthorized Practice of Law
11. 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
Landlord Duties
Corporate Opportunity
Fed Tax (Advancement)
12. 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
Bequests
Removal to Action to Federal Court
Fed Tax (Advancement)
Deed (Delivery)
13. A public official must establish by clear and convincing evidence that a defamatory statement was made with 'actual malice'; that is it was made with actual knowledge that the statement was false or with reckless disregard of whether the statement wa
Terroristic Threats
Mutual Mistake
1st Amendment Free Speech (Defamation
Strict Products Liability
14. Computation of actual damages is speculative or difficult to estimate or ascertain and amount of damages is a reasonable forecast of expected loss. Liquidated damages are an unenforceable penalty if the damages fixed in advance are highly disproporti
Liquidated Damages
Receiving Stolen Property
Theft by Deception
Special Warranty Deed
15. Landlord has a duty to maintain stairwell which is a common area in an apartment building. Landlord must have actual knowledge of a dangerous condition and a reasonable time to repair it.
Applicability of Express Warranty
Landlord Duties
Unconcionable Contract Provision (UCC)
Restrictions on Transferability of Stock
16. Liabilities of the disappearing corporation flow to the surviving corporation.
Procedural Due Process
Pat Down Search
Bequests
Liability of Claims After Merger
17. 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.
Unconcionable Contract Provision (UCC)
Restrictions on Transferability of Stock
Board of Directors (Voting)
Latent Ambiguity
18. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.
Devise of Encumbered Property
Unauthorized Practice of Law
Revocation of Acceptance
4th Amendment Search and Seizure
19. 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
2nd Degree Murder
Buyer's duties (rejected goods)
Alimony
4th Amendment Search and Seizure
20. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
Corporate Opportunity
Proper Service of Complaint
Prescriptive Easement (scope)
Recording Statute
21. Bylaws require notice for special meeting. Notice can be waived by attendance and participation at the meeting. One can attend for the sole purpose of objecting.
Mitigation of Damages
Recording Statute
1st Degree Murder
Notice for Special Meeting
22. 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.
Fed Tax (Advancement)
Destruction of Identified Goods
Bequests
Dying Declaration
23. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Simple Assault
Warranties/Disclaimers
Strict Products Liability
24. 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
4th Amendment Search and Seizure
Theft by Deception
Board of Directors (Voting)
Privacy Rights
25. 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
1st Amendment Free Speech
Privacy Rights
Anticipatory Repudiation
Attorney Work Product
26. 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)
Americans w/ Disabilites Act
Hearsay
Damages
27. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed
Standing
Attorney Contact w/ Represented Party
Privacy Rights
Anticipatory Repudiation
28. Door-to-door solicitation is a protected form of expression under the 1st Amendment. Infringement on the right requires an important govt. interest that is directly served by the regulation sought to be imposed - and must not be overly broad by precl
Board of Directors (Removal)
1st Amendment Free Speech
Corporate Opportunity
Terroristic Threats
29. 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.
Equitable Division
Oral Agreements (SOF)
Theft by Deception
Excited Utterance
30. (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
Attorney-Client Communication
Latent Ambiguity
Mutual Mistake
Lay Opinion Testimony
31. Requires physical presence together with an intent to establish.
Domicile
Notice for Special Meeting
Estates (Intestate)
Pat Down Search
32. Accord is a contract whereby an obligee promises to accept a stated performance in satisfaction of the obligor's original duty. Where there is a dispute between the parties concerning the amount due - consideration for an accord is found when the cre
Mutual Mistake
Accord and Satisfaction
Pretermitted Spouse
Attorney-Client Communication
33. The right of election against the will of deceased spouse is 1/3 of the estate. The right of election can be waived in a prenuptial agreement - be forfeited by desertion - or be prohibited in certain circumstances when a divorce is pending.
Lay Opinion Testimony
Pretermitted Spouse
Alimony
Notice for Special Meeting
34. 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.
RPC (Competence)
Equitable Division
Robbery
Latent Ambiguity
35. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Recording Statute
Incorporation by Reference
Negligence (Malpractice)
Fee Agreements
36. 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
Equitable Division
Procedural Due Process
Standing
Corporate Opportunity
37. 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
Standing
4th Amendment Search and Seizure
Fed Tax (Advancement)
Sharehold Derivative Suit
38. 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
Standing
Board of Directors (Voting)
Kidnapping
Liability of Directors (improper distribution)
39. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
1st Amendment Free Speech (Defamation
Buyer's duties (rejected goods)
Recklessly Endangering
40. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Robbery
Receipt of Income
Duty to Minority Shareholders
41. 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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42. 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
Latent Ambiguity
Damages
Fee Agreements
Codicil
43. At the time he was terminated - P was within the class protected by the ADEA - he was otherwise qualified for his job - he was discharged by D - and D employed a substantially younger person for his position.
Buyer's duties (rejected goods)
Age Discrimination
Joint Tenancy w/ Right of Survivorship
Estates (Slayer's Act)
44. Property obtained during the course of the marriage is marital property - subject to equitable division.
Specially Manufactured Goods (SOF)
Marital Property
CP (New Matter/Answer)
Contract Formation
45. 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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46. 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.
Receipt of Income
Board of Directors (Voting)
Joint Tenancy (Severance)
Pre-Nuptial Agreements
47. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Retraint on Alienation
Warranties/Disclaimers
Deductibility of Restitution
1st Degree Murder
48. The value of property acquired prior to marriage is non-marital property. The increase in value of premarital assets during the marriage is marital property subject to equitable distribution. The value of property received by inheritance during the m
Applicability of Express Warranty
Equitable Division
Estates (Advancement)
Proper Service of Complaint
49. PA's recording statute protects BFP for value - is without notice of the interest of the prior grantee - and records the deed first. Notice includes not only record notice but also constructive or inquiry notice obtained by inspection of the property
Kidnapping
Restrictive Covenant (Enforcement)
Bona Fide Purchaser
Unconcionable Contract Provision (UCC)
50. 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.
Treasure Trove
Dying Declaration
3rd Party Beneficiary
Attorney Contact w/ Represented Party