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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. 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
Lawyer Advertising
RPC (Competence)
Deed (Delivery)
Americans w/ Disabilites Act
2. 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.
Standing
Excited Utterance
Devise of Encumbered Property
Constructive Eviction
3. 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.
Landlord Duties
Age Discrimination
Receiving Stolen Property
Domicile
4. 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
Latent Ambiguity
Summary Jugment
Title VII- Retaliatory Discharge
5. 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
Jgmt on the Pleadings
1st Amendment Free Speech (Defamation
Restrictive Covenant (Enforcement)
Removal to Action to Federal Court
6. 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.
Negligence (Malpractice)
Attorney Contact w/ Represented Party
Prescriptive Easement (scope)
Joint Tenancy w/ Right of Survivorship
7. A 3rd party may enforce a contract if the recognition of a right to performance in the beneficiary will effectuate the intention of the parties and the performance will either (a) satisfy an obligation to pay money to the beneficiary; or (b) the circ
Emancipation
3rd Party Beneficiary
Americans w/ Disabilites Act
Special Warranty Deed
8. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Supression of Evidence
Receipt of Income
Restrictions on Transferability of Stock
Corporate Opportunity
9. Use of force to aid in escape after committing a theft constitutes robbery.
Contract Formation
Liability of Directors (improper distribution)
Robbery
Pretermitted Spouse
10. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Duty to Minority Shareholders
Americans w/ Disabilites Act
Taxability of Embezzeled Property
Estates (Advancement)
11. 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
Gift of Stock
Specially Manufactured Goods (SOF)
Dying Declaration
12. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Unauthorized Practice of Law
Kidnapping
Fed Tax (Advancement)
13. 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
Burglary
Duty to Minority Shareholders
1st Amendment Free Speech
Liability of Claims After Merger
14. 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
Tenancy by the Entireties
Defense of Minority
Statute of Frauds
Equitable Division
15. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Bona Fide Purchaser
Criminal Conspiracy
Theft
Mutual Mistake
16. 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.
Notice for Special Meeting
1st Amendment Free Speech
Estates (Slayer's Act)
Liability of Claims After Merger
17. Can be filed on behalf of the corporation. Demand must be made upon the corporate board unless injury will result to the corporation. Must be a shareholder to pursure a derivative action. Breach of fiduciary duty or breach of contract support the fil
Revocation of Acceptance
Sharehold Derivative Suit
Burglary
Jgmt on the Pleadings
18. SOF prevents the enforcement of oral contracts for sale of real property. An oral contract can be enforced by the partial performance of the buyer.
Emancipation
Statute of Frauds
Present-sense Impression
Fed Tax (Advancement)
19. Restitution made is generally deductible in the year made.
Statute of Frauds
Deductibility of Restitution
Present-sense Impression
Revocation of Acceptance
20. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Specially Manufactured Goods (SOF)
Gambling Winnings and Losses
Robbery
Prescriptive Easement
21. 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.
Specially Manufactured Goods (SOF)
Perjury
Receipt of Income
Will Requirements
22. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Revocation of Acceptance
Pre-Nuptial Agreements
Prescriptive Easement (scope)
Theft by Deception
23. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Procedural Due Process
Unconcionable Contract Provision (UCC)
Jgmt on the Pleadings
Revocation of Acceptance
24. 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
Special Warranty Deed
4th Amendment Govt Employers
Loss of Consortium
Retraint on Alienation
25. 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).
Merchants Confirming Memo
Marital Property
Joint Tenancy w/ Right of Survivorship
Anticipatory Repudiation
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).
Treasure Trove
Contract Formation
Buyer's duties (rejected goods)
Sharehold Derivative Suit
27. 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
CP (Motion for New Trial)
Proper Service of Complaint
Joint Tenancy w/ Right of Survivorship
Privacy Rights
28. 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
Taxability of Sale of Residence
Incorporation by Reference
Prescriptive Easement (scope)
Latent Ambiguity
29. 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
RPC (Prospective Client)
Merchants Confirming Memo
Liquidated Damages
Supression of Evidence
30. 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.
Summary Jugment
Merchants Confirming Memo
Oral Agreements (SOF)
Excited Utterance
31. Property obtained during the course of the marriage is marital property - subject to equitable division.
Oral Agreements (SOF)
Emancipation
Marital Property
Conditional Devise
32. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Kidnapping
Receiving Stolen Property
4th Amendment Govt Employers
Theft by Deception
33. 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.
Fee Agreements
Tenancy by the Entireties
Implied Warranty Construction Contract
Revocation of Acceptance
34. 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
Title VII- Retaliatory Discharge
Unconcionable Contract Provision (UCC)
Procedural Due Process
Strict Products Liability
35. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Kidnapping
Burglary
Robbery
Privacy Rights
36. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Taxability of Embezzeled Property
Strict Products Liability
Terroristic Threats
Merchants Confirming Memo
37. 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.
Impeachment
Lawyer Advertising
Forgery
Liability of Directors (improper distribution)
38. A joint tenant can convey his interest or less than his entire interest in property held as joint tenancy with right of survivorship. A conveyance of joint tenant's interest to a third party severs the joint tenancy. Upon severance - joint tenancy wi
CP (Motion for New Trial)
Statute of Frauds
Joint Tenancy (Severance)
Lay Opinion Testimony
39. 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
Bona Fide Purchaser
Estates (Intestate)
Latent Ambiguity
Taxability of Embezzeled Property
40. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Bequests
Contract Formation
Equitable Division
Criminal Trespass
41. 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.
Pat Down Search
Board of Directors (Voting)
Liability of Directors (improper distribution)
1st Degree Murder
42. 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
Dormant Commerce Clause
Strict Products Liability
Fed Tax (Advancement)
Tax (Life Insurance Policy Proceeds)
43. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Estates (Advancement)
Lay Opinion Testimony
1st Degree Murder
Simple Assault
44. 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
ADEA (shifting burdens)
Criminal Conspiracy
Estates (Intestate)
45. 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.
1st Degree Murder
Terroristic Threats
Devise of Encumbered Property
Contract Formation
46. 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.
Perjury
Board of Directors (Removal)
Taxability of Embezzeled Property
Devise of Encumbered Property
47. An attorney who knowingly assists a non-attorney in the unauthorized practice of law is in violation of PA RPC. An attorney may give a seminar on the law to non-lawyers in conjunction with their employment when such knowledge may be beneficial to the
Unauthorized Practice of Law
Domicile
Summary Jugment
Corporate Opportunity
48. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Sharehold Derivative Suit
Devise of Encumbered Property
Standing
49. 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.'
RPC (Prospective Client)
1st Amendment Free Speech
Marital Property
Protection From Abuse Order
50. 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
1st Amendment Free Speech (Defamation
Specially Manufactured Goods (SOF)
Liability of Claims After Merger
Board of Directors (Removal)