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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. Property obtained during the course of the marriage is marital property - subject to equitable division.
Destruction of Identified Goods
Recklessly Endangering
Marital Property
Landlord Duties
2. 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.
Kidnapping
Theft by Deception
Oral Agreements (SOF)
Terroristic Threats
3. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Taxability of Sale of Residence
Treasure Trove
Marital Property
Emancipation
4. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
Joint Tenancy w/ Right of Survivorship
Terroristic Threats
Removal to Action to Federal Court
5. 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
Strict Products Liability
Incorporation by Reference
Equitable Division
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.
Domicile
1st Amendment Free Association
Latent Ambiguity
Restrictions on Transferability of Stock
7. The moving party must demonstrate that there is no genuine issue material fact and that the moving party is entitled to judgment as a matter of law.
Oral Agreements (SOF)
Contract Formation
Prescriptive Easement
Summary Jugment
8. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
Restrictive Covenant (Enforcement)
Proper Service of Complaint
Loss of Consortium
Taxability of Sale of Residence
9. 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.
Present-sense Impression
Deed (Delivery)
Latent Ambiguity
Prescriptive Easement (scope)
10. Prospective clients who do not become actual clients are entitled to certain A/C privileges. Normally an attorney cannot represent a new client with a conflict against a prior prospective client if the lawyer received information in the consultation
Estates (Slayer's Act)
RPC (Prospective Client)
Removal to Action to Federal Court
Liquidated Damages
11. 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
Treasure Trove
1st Amendment Free Speech
Entrapment
Tenancy by the Entireties
12. 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.
Theft
Recording Statute
Standing
Pretermitted Spouse
13. 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
Fed Tax (Advancement)
Strict Products Liability
Warranties/Disclaimers
ADEA (shifting burdens)
14. 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
1st Degree Murder
Estates (Intestate)
Liability of Directors (improper distribution)
Merchants Confirming Memo
15. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
1st Degree Murder
Warranties/Disclaimers
Unconcionable Contract Provision (UCC)
4th Amendment Search and Seizure
16. 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.
Theft by Deception
Board of Directors (Voting)
3rd Party Beneficiary
Taxability of Sale of Residence
17. 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
Theft
Negligence (Malpractice)
Specially Manufactured Goods (SOF)
Ademption
18. 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.
Accord and Satisfaction
1st Amendment Free Association
Duty to Minority Shareholders
4th Amendment Search and Seizure
19. 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
Theft
1st Amendment Free Association
Notice for Special Meeting
20. 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.
Estates (Advancement)
RPC (Prospective Client)
1st Amendment Free Association
Accord and Satisfaction
21. 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
Estates (Advancement)
Estates (Intestate)
Procedural Due Process
Strict Products Liability
22. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Pre-Nuptial Agreements
Contract Formation
Notice for Special Meeting
23. 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.
Buyer's duties (rejected goods)
Contract Formation
Mitigation of Damages
Emancipation
24. 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.
Representing Multiple Parties
Domicile
Latent Ambiguity
Mitigation of Damages
25. 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.
Excited Utterance
Loss of Consortium
Corporate Opportunity
Unconcionable Contract Provision (UCC)
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.
Forgery
Hearsay
Summary Jugment
Restrictive Covenant (Enforcement)
27. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
1st Amendment Free Speech (Defamation
Contract Formation
Anticipatory Repudiation
28. 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
Domicile
Taxability of Sale of Residence
Board of Directors (Removal)
4th Amendment Search and Seizure
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
Prescriptive Easement
Attorney-Client Communication
1st Amendment Free Speech
Liquidated Damages
30. 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.
Title VII- Retaliatory Discharge
Simple Assault
Statute of Frauds
Implied Warranty Construction Contract
31. 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.
Board of Directors (Voting)
4th Amendment Search and Seizure
2nd Degree Murder
Restrictive Covenant (Enforcement)
32. 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
Attorney Work Product
Codicil
Criminal Trespass
Loss of Consortium
33. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Deed (Delivery)
Devise of Encumbered Property
Duty to Minority Shareholders
Recklessly Endangering
34. 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.
Domicile
Present-sense Impression
Estates (Intestate)
Contract Formation
35. Restitution made is generally deductible in the year made.
Loss of Consortium
Deductibility of Restitution
Pre-Nuptial Agreements
Oral Agreements (SOF)
36. 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
Robbery
Special Warranty Deed
Theft by Deception
1st Amendment Free Speech
37. 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.'
Protection From Abuse Order
1st Amendment Free Speech
Specially Manufactured Goods (SOF)
Simple Assault
38. 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
Emancipation
Liability of Claims After Merger
Liquidated Damages
Gambling Winnings and Losses
39. 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
Present-sense Impression
Will Requirements
1st Amendment Free Speech
Equitable Division
40. 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
Taxability of Sale of Residence
Loss of Consortium
Representing Multiple Parties
Prescriptive Easement (scope)
41. 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.
Forgery
Usurpation of Corporate Opportunity (Remedies)
Criminal Trespass
Defense of Minority
42. 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.
Deed (Delivery)
Representing Multiple Parties
Retraint on Alienation
Unauthorized Practice of Law
43. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Latent Ambiguity
Kidnapping
Deductibility of Restitution
44. 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
Incorporation by Reference
Oral Agreements (SOF)
Bequests
45. 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
Deed (Delivery)
Defense of Minority
Attorney Work Product
Corporate Opportunity
46. 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
Proper Service of Complaint
Warranties/Disclaimers
Deductibility of Restitution
Damages
47. 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
Liability of Directors (improper distribution)
Title VII- Retaliatory Discharge
4th Amendment Govt Employers
Landlord Duties
48. 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.
Equitable Division
Privacy Rights
Theft
Summary Jugment
49. 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.
Restrictive Covenant (Enforcement)
Board of Directors (Removal)
Simple Assault
Implied Warranty Construction Contract
50. Liabilities of the disappearing corporation flow to the surviving corporation.
Corporate Opportunity
Tenancy by the Entireties
Liability of Claims After Merger
Treasure Trove