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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. 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
Robbery
Conditional Devise
Mitigation of Damages
Special Warranty Deed
2. 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.
Devise of Encumbered Property
Taxability of Embezzeled Property
Receipt of Income
Damages
3. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Unauthorized Practice of Law
RPC (Competence)
Merchants Confirming Memo
Taxability of Sale of Residence
4. The interference with the right of consortium by a tortfesor to one spouse affords the other spouse with a legal cause of action to recover damages for that interference. Consortium refers to the loss of a spouse's services after injury. A loss of so
Supression of Evidence
1st Degree Murder
2nd Degree Murder
Loss of Consortium
5. Warranty of habitability or reasonable workmanship is implied by law in every contract where a builder-vendor sells a new home to a residential purchaser.
Present-sense Impression
Age Discrimination
Implied Warranty Construction Contract
Entrapment
6. 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).
Conditional Devise
Joint Tenancy (Severance)
Estates (Slayer's Act)
Joint Tenancy w/ Right of Survivorship
7. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Americans w/ Disabilites Act
Attorney Contact w/ Represented Party
Robbery
8. 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.
Procedural Due Process
Pretermitted Spouse
Removal to Action to Federal Court
Incorporation by Reference
9. 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.
1st Amendment Free Speech (Defamation
Gambling Winnings and Losses
Accord and Satisfaction
2nd Degree Murder
10. 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
Attorney Contact w/ Represented Party
Buyer's duties (rejected goods)
Constructive Eviction
1st Amendment Free Association
11. Property obtained during the course of the marriage is marital property - subject to equitable division.
Burglary
Marital Property
Forgery
Excited Utterance
12. A contract for a testamentary bequest will not be enforced unless the will contains material provisions of the contract - or there is an express reference in the will to the contract plus extrinsic evidence thereof - or there is a separate non-testam
Statute of Frauds
Estates (Advancement)
Bequests
Devise of Encumbered Property
13. (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
ADEA (shifting burdens)
Jgmt on the Pleadings
Restrictive Covenant (Enforcement)
Present-sense Impression
14. 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.
Terroristic Threats
Gift of Stock
Usurpation of Corporate Opportunity (Remedies)
Revocation of Acceptance
15. Generally - a parent is obligated to support his child who is under 18. If a court determines that a child under 18 is emancipated - support will terminate. In determining whether a child is emancipated - the Court will look at the child's age - mari
Robbery
Emancipation
Kidnapping
Board of Directors (Removal)
16. 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
Receipt of Income
Terroristic Threats
3rd Party Beneficiary
Attorney Work Product
17. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Burglary
Buyer's duties (rejected goods)
Recklessly Endangering
Special Warranty Deed
18. 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.
Jgmt on the Pleadings
Criminal Trespass
Devise of Encumbered Property
Recording Statute
19. When a complaint is filed after the expiration of the 2 yr. SOL - the SOL should be raised as an affirmative defense in a responsive pleading under a heading of 'New Matter'.
Title VII- Retaliatory Discharge
CP (New Matter/Answer)
1st Amendment Free Speech
Receipt of Income
20. 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
Oral Agreements (SOF)
Deed (Delivery)
Domicile
21. 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.
Latent Ambiguity
Constructive Eviction
1st Amendment Free Speech (Defamation
Pre-Nuptial Agreements
22. 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.
Duty to Minority Shareholders
Applicability of Express Warranty
Specially Manufactured Goods (SOF)
Estates (Advancement)
23. T can incorporate by reference a document into her will so long as said document is in existence at the time at which the will is executed. Document to be incorporated by reference must be sufficiently identified in the will and its incorporation mus
Latent Ambiguity
Age Discrimination
Incorporation by Reference
Latent Ambiguity
24. 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.
Kidnapping
Simple Assault
Damages
Tenancy by the Entireties
25. T must have testamentary intent in preparing will. The will must dispose Ts property. It must be in writing and signed by the T at the logical end. T must have testamentary capacity.
Oral Agreements (SOF)
Forgery
Kidnapping
Will Requirements
26. 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.
Prescriptive Easement
Joint Tenancy w/ Right of Survivorship
Receiving Stolen Property
Destruction of Identified Goods
27. 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.
CP (Motion for New Trial)
Board of Directors (Removal)
Unconcionable Contract Provision (UCC)
Special Warranty Deed
28. 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
Anticipatory Repudiation
Jgmt on the Pleadings
Unconcionable Contract Provision (UCC)
29. Conditional devise must be strictly construed and reasonable construction of language must be given in favor of beneficiary. A condition to a devise must be express and not implied.
Supression of Evidence
Latent Ambiguity
Conditional Devise
Procedural Due Process
30. 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.
Negligence (Malpractice)
Retraint on Alienation
Corporate Opportunity
Mutual Mistake
31. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Gift of Stock
1st Degree Murder
Representing Multiple Parties
Criminal Conspiracy
32. 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.
Board of Directors (Removal)
RPC (Competence)
Corporate Opportunity
ADEA (shifting burdens)
33. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Estates (Intestate)
Taxability of Sale of Residence
Latent Ambiguity
34. 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
CP (New Matter/Answer)
Taxability of Sale of Residence
Estates (Intestate)
3rd Party Beneficiary
35. 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
Restrictive Covenant (Enforcement)
Privacy Rights
Entrapment
Accord and Satisfaction
36. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Restrictions on Transferability of Stock
2nd Degree Murder
Liquidated Damages
37. Occurs whenever a specific devise in a will of a property is frustrated by the fact that the T thereafter sells the property. Exceptions include incapacities - fires - casualties - and/or any balance due T on the purchase - condemnation - or foreclos
Special Warranty Deed
Perjury
Fair Reporting Privilege
Ademption
38. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Recklessly Endangering
Theft
Simple Assault
Title VII- Retaliatory Discharge
39. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Joint Tenancy (Severance)
Procedural Due Process
RPC (Competence)
Gift of Stock
40. 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'
Liquidated Damages
Duty to Minority Shareholders
Lawyer Advertising
Retraint on Alienation
41. 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
RPC (Prospective Client)
1st Amendment Free Speech (Defamation
Title VII- Retaliatory Discharge
Criminal Conspiracy
42. 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.
Latent Ambiguity
Excited Utterance
Prescriptive Easement (scope)
Gambling Winnings and Losses
43. Majority shareholders owe fiduciary duty to minority shareholders not to freeze them out of the benefits that would normally accrue to them from the operations of the corporation.
Duty to Minority Shareholders
Privacy Rights
Criminal Conspiracy
Prescriptive Easement
44. 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.
Forgery
ADEA (shifting burdens)
Supression of Evidence
Devise of Encumbered Property
45. 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
Prescriptive Easement (scope)
Removal to Action to Federal Court
Negligence (Malpractice)
Excited Utterance
46. A statement - other than one made by the declarant while testifying at the trial or hearing - offered in evidence to prove the truth of the matter asserted.
Hearsay
Board of Directors (Voting)
Title VII- Retaliatory Discharge
Attorney Contact w/ Represented Party
47. 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
Impeachment
Fair Reporting Privilege
Restrictive Covenant (Enforcement)
Mutual Mistake
48. 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
Robbery
Statute of Frauds
Constructive Eviction
Entrapment
49. Marital misconduct may not be considered at an equitable division hearing. The Court should consider the parties' income as one factor in determining equitable property division.
Bona Fide Purchaser
Ademption
Gift of Stock
Equitable Division
50. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Unauthorized Practice of Law
Fed Tax (Advancement)
Representing Multiple Parties
Lay Opinion Testimony