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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. 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
1st Amendment Free Association
Age Discrimination
Americans w/ Disabilites Act
Prescriptive Easement
2. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Jgmt on the Pleadings
Accord and Satisfaction
Title VII- Retaliatory Discharge
Supression of Evidence
3. 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)
Attorney-Client Communication
Deductibility of Restitution
Alimony
4. 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
Damages
Negligence (Malpractice)
Retraint on Alienation
Constructive Eviction
5. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Taxability of Sale of Residence
Latent Ambiguity
Recklessly Endangering
Deed (Delivery)
6. 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
Jgmt on the Pleadings
ADEA (shifting burdens)
Fed Tax (Advancement)
7. 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.
Specially Manufactured Goods (SOF)
Contract Formation
Entrapment
Kidnapping
8. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Standing
4th Amendment Govt Employers
Specially Manufactured Goods (SOF)
Representing Multiple Parties
9. Requires physical presence together with an intent to establish.
1st Amendment Free Speech (Defamation
Domicile
Prescriptive Easement (scope)
1st Amendment Free Speech
10. 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.
Implied Warranty Construction Contract
Estates (Advancement)
4th Amendment Search and Seizure
Constructive Eviction
11. Restricts states from imposing differential treatment of in-state and out-of-state economic interests. A local regulation which discriminates on its face is invalid unless it advances a legitimate local purpose that cannot be served by reasonable non
Mutual Mistake
Treasure Trove
Oral Agreements (SOF)
Dormant Commerce Clause
12. 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
Duty to Minority Shareholders
Liability of Claims After Merger
2nd Degree Murder
Equitable Division
13. 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.
Conditional Devise
Sharehold Derivative Suit
CP (Motion for New Trial)
Present-sense Impression
14. 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
Bequests
Joint Tenancy w/ Right of Survivorship
Latent Ambiguity
Recording Statute
15. 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
Lay Opinion Testimony
Latent Ambiguity
Pretermitted Spouse
Alimony
16. The making of a false statement under oath during an official proceeding - when the statement is material and he does not believe it to be true.
Privacy Rights
Perjury
Representing Multiple Parties
Procedural Due Process
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.
Accord and Satisfaction
Estates (Intestate)
Taxability of Sale of Residence
Title VII- Retaliatory Discharge
18. 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
Privacy Rights
Gambling Winnings and Losses
Standing
Lawyer Advertising
19. 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.
Impeachment
Conditional Devise
Latent Ambiguity
Bona Fide Purchaser
20. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Tax (Life Insurance Policy Proceeds)
Dormant Commerce Clause
Deductibility of Restitution
21. 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.
Will Requirements
Removal to Action to Federal Court
Impeachment
Anticipatory Repudiation
22. 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
Will Requirements
Unconcionable Contract Provision (UCC)
Receipt of Income
23. 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
Mutual Mistake
Liability of Directors (improper distribution)
Fee Agreements
24. 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
Lawyer Advertising
Corporate Opportunity
Present-sense Impression
25. 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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26. 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.
Privacy Rights
Destruction of Identified Goods
Prescriptive Easement
Forgery
27. 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.
1st Amendment Free Speech
Impeachment
Tax (Life Insurance Policy Proceeds)
Board of Directors (Voting)
28. 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'.
CP (New Matter/Answer)
Americans w/ Disabilites Act
Latent Ambiguity
Merchants Confirming Memo
29. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Implied Warranty Construction Contract
Liquidated Damages
Americans w/ Disabilites Act
30. 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
Title VII- Retaliatory Discharge
Jgmt on the Pleadings
Revocation of Acceptance
Joint Tenancy (Severance)
31. 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
Criminal Conspiracy
Liability of Directors (improper distribution)
Prescriptive Easement
1st Amendment Free Speech
32. 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
Dormant Commerce Clause
Anticipatory Repudiation
Procedural Due Process
Incorporation by Reference
33. 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
Bona Fide Purchaser
Estates (Advancement)
Age Discrimination
34. 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.
Summary Jugment
Equitable Division
4th Amendment Search and Seizure
Entrapment
35. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition - or immediately thereafter. The truthfulness of the statement arises from its timing.
Damages
Specially Manufactured Goods (SOF)
Present-sense Impression
Entrapment
36. 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
3rd Party Beneficiary
Equitable Division
Burglary
Pat Down Search
37. 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
CP (Motion for New Trial)
Entrapment
Strict Products Liability
38. Liabilities of the disappearing corporation flow to the surviving corporation.
CP (Motion for New Trial)
Liability of Claims After Merger
Kidnapping
Joint Tenancy (Severance)
39. 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.
Receiving Stolen Property
Tenancy by the Entireties
Burglary
Mutual Mistake
40. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Defense of Minority
Pre-Nuptial Agreements
RPC (Prospective Client)
Attorney Contact w/ Represented Party
41. (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
Age Discrimination
Entrapment
Jgmt on the Pleadings
Recklessly Endangering
42. Occurs when a person takes the property of another with intent to deprive them of it.
Sharehold Derivative Suit
Deductibility of Restitution
Theft
Liability of Claims After Merger
43. 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
Strict Products Liability
4th Amendment Govt Employers
Revocation of Acceptance
Mitigation of Damages
44. 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
Attorney Work Product
Americans w/ Disabilites Act
Fee Agreements
Tax (Life Insurance Policy Proceeds)
45. 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
Fed Tax (Advancement)
Unauthorized Practice of Law
Protection From Abuse Order
Loss of Consortium
46. 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.
2nd Degree Murder
Representing Multiple Parties
Perjury
Special Warranty Deed
47. 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.
Incorporation by Reference
Burglary
Board of Directors (Removal)
Ademption
48. 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
Alimony
Revocation of Acceptance
Anticipatory Repudiation
Attorney-Client Communication
49. (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
Anticipatory Repudiation
Hearsay
Attorney-Client Communication
Will Requirements
50. 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.
Recklessly Endangering
Receiving Stolen Property
Destruction of Identified Goods
Summary Jugment