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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. 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.
Equitable Division
4th Amendment Govt Employers
Lawyer Advertising
Latent Ambiguity
2. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
Title VII- Retaliatory Discharge
Removal to Action to Federal Court
Emancipation
3. 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.
Specially Manufactured Goods (SOF)
Board of Directors (Voting)
Gift of Stock
RPC (Prospective Client)
4. 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
Lawyer Advertising
3rd Party Beneficiary
Special Warranty Deed
Negligence (Malpractice)
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
Mutual Mistake
Conditional Devise
Tenancy by the Entireties
Restrictive Covenant (Enforcement)
6. 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
Equitable Division
Simple Assault
Will Requirements
7. 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
Special Warranty Deed
Robbery
Devise of Encumbered Property
Board of Directors (Voting)
8. 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
Latent Ambiguity
4th Amendment Govt Employers
Recording Statute
Bona Fide Purchaser
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
2nd Degree Murder
Simple Assault
CP (New Matter/Answer)
1st Amendment Free Association
10. Alleged prior bad acts are not relevant and are inadmissible for impeachment. Convictions for robbery (w/i 10 years) are admissible to impeach (crime of dishonesty).
CP (Motion for New Trial)
Taxability of Sale of Residence
Gift of Stock
Impeachment
11. Requires physical presence together with an intent to establish.
Attorney-Client Communication
Dormant Commerce Clause
Domicile
Board of Directors (Removal)
12. 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.
1st Amendment Free Speech
Equitable Division
Burglary
Receiving Stolen Property
13. Private security guards are private citizens and the restraints that are imposed upon govt. activities are not applicable to actions by private citizens. Therefore - a custodial interrogation done a private security guard w/o Miranda - is admissable
Supression of Evidence
Hearsay
Anticipatory Repudiation
Lawyer Advertising
14. 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.
Procedural Due Process
Dying Declaration
Corporate Opportunity
Estates (Slayer's Act)
15. 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'
Latent Ambiguity
Corporate Opportunity
Lawyer Advertising
Standing
16. Police conduct is examined to determine if their conduct created a substantial risk that the offense will be committed by one who is innocently disposed.
Entrapment
Recording Statute
1st Amendment Free Speech
Present-sense Impression
17. 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.
Prescriptive Easement (scope)
Proper Service of Complaint
Theft
Estates (Intestate)
18. 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.
Domicile
Deductibility of Restitution
Representing Multiple Parties
Conditional Devise
19. 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
Theft
Pat Down Search
Removal to Action to Federal Court
Equitable Division
20. 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.
Strict Products Liability
1st Amendment Free Association
Recording Statute
Entrapment
21. 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.
Taxability of Embezzeled Property
Representing Multiple Parties
Landlord Duties
Deed (Delivery)
22. 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.
Kidnapping
Landlord Duties
Ademption
Will Requirements
23. 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
Attorney Work Product
Deed (Delivery)
Special Warranty Deed
Prescriptive Easement
24. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Strict Products Liability
Prescriptive Easement
Mutual Mistake
25. 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
Contract Formation
Lay Opinion Testimony
Mitigation of Damages
26. 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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27. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Equitable Division
Buyer's duties (rejected goods)
Simple Assault
Joint Tenancy w/ Right of Survivorship
28. 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.
Age Discrimination
Specially Manufactured Goods (SOF)
Dying Declaration
Devise of Encumbered Property
29. 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
2nd Degree Murder
Hearsay
Gift of Stock
4th Amendment Search and Seizure
30. Govt employees have reasonable expectation of privacy in desk - file cabinets absent any contrary practices. Warrant not required for workplace search by Govt employer- search must be reasonable. Search must be reasonable at inception - related to in
Receiving Stolen Property
1st Amendment Free Speech
Estates (Slayer's Act)
4th Amendment Govt Employers
31. 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
Bequests
Sharehold Derivative Suit
Ademption
Pretermitted Spouse
32. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Hearsay
CP (New Matter/Answer)
Corporate Opportunity
Burglary
33. 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
RPC (Prospective Client)
Mutual Mistake
Equitable Division
Duty to Minority Shareholders
34. 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.
Statute of Frauds
Restrictive Covenant (Enforcement)
Duty to Minority Shareholders
4th Amendment Govt Employers
35. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
2nd Degree Murder
Landlord Duties
Specially Manufactured Goods (SOF)
Destruction of Identified Goods
36. The goal of damages in breach of building contract by the contractor is to protect the expectation interest of the injured party. Where the building contractor breaches the contract by defective performance - cost of repair or completion is the usual
Negligence (Malpractice)
Damages
Liability of Directors (improper distribution)
Implied Warranty Construction Contract
37. Party injured as a result of breach of contract is required to use ordinary care and diligence to minimize losses. Amount recoverable by injured party is reduced by avoidable losses.
Strict Products Liability
Mitigation of Damages
Terroristic Threats
ADEA (shifting burdens)
38. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Gift of Stock
Terroristic Threats
Mitigation of Damages
Unconcionable Contract Provision (UCC)
39. 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
Fed Tax (Advancement)
ADEA (shifting burdens)
Strict Products Liability
Conditional Devise
40. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Treasure Trove
1st Degree Murder
1st Amendment Free Association
41. 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
Domicile
Pat Down Search
Incorporation by Reference
42. Use of force to aid in escape after committing a theft constitutes robbery.
Damages
Robbery
Prescriptive Easement (scope)
Sharehold Derivative Suit
43. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Devise of Encumbered Property
Robbery
1st Amendment Free Speech
Warranties/Disclaimers
44. 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
1st Amendment Free Association
Emancipation
Accord and Satisfaction
1st Degree Murder
45. 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'.
Corporate Opportunity
4th Amendment Govt Employers
Criminal Conspiracy
CP (New Matter/Answer)
46. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Revocation of Acceptance
Excited Utterance
Fee Agreements
Treasure Trove
47. 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
Loss of Consortium
Anticipatory Repudiation
Present-sense Impression
Hearsay
48. 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
Terroristic Threats
Attorney Contact w/ Represented Party
Anticipatory Repudiation
Tax (Life Insurance Policy Proceeds)
49. 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
Sharehold Derivative Suit
Emancipation
Dormant Commerce Clause
Codicil
50. (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
Domicile
1st Amendment Free Speech
1st Amendment Free Speech (Defamation