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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) 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
Restrictions on Transferability of Stock
Joint Tenancy w/ Right of Survivorship
Simple Assault
2. 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
Taxability of Sale of Residence
Codicil
4th Amendment Govt Employers
Representing Multiple Parties
3. 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.
Estates (Intestate)
Dying Declaration
Statute of Frauds
Specially Manufactured Goods (SOF)
4. 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
Theft
4th Amendment Govt Employers
Lawyer Advertising
Procedural Due Process
5. 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
Terroristic Threats
Lay Opinion Testimony
Gambling Winnings and Losses
6. 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.
Board of Directors (Removal)
Corporate Opportunity
Protection From Abuse Order
Taxability of Sale of Residence
7. 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.
Entrapment
Recording Statute
Criminal Trespass
Treasure Trove
8. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Will Requirements
Criminal Conspiracy
Bequests
Joint Tenancy w/ Right of Survivorship
9. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Simple Assault
Pre-Nuptial Agreements
Lay Opinion Testimony
10. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Dying Declaration
Incorporation by Reference
Age Discrimination
11. 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
Deed (Delivery)
Procedural Due Process
3rd Party Beneficiary
CP (Motion for New Trial)
12. 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.'
Bequests
Protection From Abuse Order
Theft
Pre-Nuptial Agreements
13. 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
Unconcionable Contract Provision (UCC)
Emancipation
Buyer's duties (rejected goods)
RPC (Competence)
14. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Equitable Division
1st Amendment Free Speech (Defamation
RPC (Competence)
15. 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
Warranties/Disclaimers
Duty to Minority Shareholders
Summary Jugment
16. 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
Jgmt on the Pleadings
Dormant Commerce Clause
4th Amendment Search and Seizure
Defense of Minority
17. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Specially Manufactured Goods (SOF)
Protection From Abuse Order
Corporate Opportunity
Strict Products Liability
18. 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
Anticipatory Repudiation
Defense of Minority
Estates (Intestate)
Contract Formation
19. 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.
Tenancy by the Entireties
Liability of Directors (improper distribution)
Latent Ambiguity
Terroristic Threats
20. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Liability of Claims After Merger
Criminal Conspiracy
1st Degree Murder
Unconcionable Contract Provision (UCC)
21. Income from gambling constitutes gross taxable income - while losses may be deducted.
Criminal Conspiracy
Board of Directors (Removal)
Gambling Winnings and Losses
RPC (Competence)
22. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Receipt of Income
Implied Warranty Construction Contract
Fair Reporting Privilege
Tenancy by the Entireties
23. 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.
Sharehold Derivative Suit
Latent Ambiguity
Estates (Intestate)
Excited Utterance
24. 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).
Supression of Evidence
Prescriptive Easement
Estates (Intestate)
Impeachment
25. 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.
Mutual Mistake
CP (Motion for New Trial)
Taxability of Sale of Residence
Contract Formation
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
3rd Party Beneficiary
Tax (Life Insurance Policy Proceeds)
CP (Motion for New Trial)
4th Amendment Search and Seizure
27. 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.
Dormant Commerce Clause
Incorporation by Reference
Landlord Duties
4th Amendment Search and Seizure
28. 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.
Proper Service of Complaint
Attorney-Client Communication
Oral Agreements (SOF)
Criminal Conspiracy
29. 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
Representing Multiple Parties
Estates (Slayer's Act)
Attorney-Client Communication
Attorney Work Product
30. 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
Liability of Claims After Merger
Sharehold Derivative Suit
2nd Degree Murder
Ademption
31. 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
Deductibility of Restitution
Defense of Minority
Pretermitted Spouse
Corporate Opportunity
32. (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
Statute of Frauds
Proper Service of Complaint
Jgmt on the Pleadings
Applicability of Express Warranty
33. 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.
Applicability of Express Warranty
Perjury
Representing Multiple Parties
Unauthorized Practice of Law
34. 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
Estates (Advancement)
Unconcionable Contract Provision (UCC)
Joint Tenancy (Severance)
Estates (Intestate)
35. 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.
Usurpation of Corporate Opportunity (Remedies)
Damages
3rd Party Beneficiary
Liability of Directors (improper distribution)
36. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Receiving Stolen Property
Title VII- Retaliatory Discharge
Joint Tenancy w/ Right of Survivorship
Lay Opinion Testimony
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.
Theft
Representing Multiple Parties
Forgery
Protection From Abuse Order
38. 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
Protection From Abuse Order
Criminal Trespass
Taxability of Embezzeled Property
Constructive Eviction
39. Only actions which fall within original jurisdiction of the District Court can be removed. Identification of federal question and diversity of citizenship as grounds for jurisdiction.
Tenancy by the Entireties
Removal to Action to Federal Court
Summary Jugment
Impeachment
40. 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)
Revocation of Acceptance
Marital Property
Joint Tenancy (Severance)
41. 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.
Equitable Division
Duty to Minority Shareholders
Recklessly Endangering
Kidnapping
42. Use of force to aid in escape after committing a theft constitutes robbery.
4th Amendment Search and Seizure
Unconcionable Contract Provision (UCC)
Robbery
Recklessly Endangering
43. 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.
3rd Party Beneficiary
Hearsay
Title VII- Retaliatory Discharge
Prescriptive Easement (scope)
44. 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
Perjury
Latent Ambiguity
Recording Statute
45. 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
RPC (Competence)
Robbery
Damages
Americans w/ Disabilites Act
46. A completed gift requires intent to make a gift and actual or constructive delivery sufficient to divest the giver of all dominion and invest the recipient therewith. The transfer of the registration of stock ownership on the books of the corporation
Pretermitted Spouse
Specially Manufactured Goods (SOF)
Gift of Stock
Destruction of Identified Goods
47. 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.
Perjury
Fed Tax (Advancement)
Latent Ambiguity
Damages
48. 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
Negligence (Malpractice)
Incorporation by Reference
3rd Party Beneficiary
49. 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
Protection From Abuse Order
Equitable Division
Privacy Rights
Receiving Stolen Property
50. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Attorney Work Product
1st Degree Murder
Tax (Life Insurance Policy Proceeds)
Merchants Confirming Memo