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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 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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2. (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
Age Discrimination
Attorney-Client Communication
Unconcionable Contract Provision (UCC)
Warranties/Disclaimers
3. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Unconcionable Contract Provision (UCC)
Duty to Minority Shareholders
Summary Jugment
4. 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.
Recklessly Endangering
Hearsay
CP (Motion for New Trial)
Joint Tenancy (Severance)
5. 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.
Alimony
Pretermitted Spouse
CP (New Matter/Answer)
Estates (Advancement)
6. 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
Board of Directors (Voting)
Perjury
Liquidated Damages
Damages
7. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
3rd Party Beneficiary
Protection From Abuse Order
4th Amendment Search and Seizure
Pre-Nuptial Agreements
8. 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.
Dying Declaration
Latent Ambiguity
Board of Directors (Voting)
Burglary
9. 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
Specially Manufactured Goods (SOF)
Unconcionable Contract Provision (UCC)
4th Amendment Search and Seizure
Americans w/ Disabilites Act
10. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
Unconcionable Contract Provision (UCC)
Liability of Claims After Merger
Equitable Division
11. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Contract Formation
1st Degree Murder
Unconcionable Contract Provision (UCC)
Criminal Conspiracy
12. 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
Destruction of Identified Goods
Simple Assault
Dormant Commerce Clause
Devise of Encumbered Property
13. (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
Hearsay
Jgmt on the Pleadings
Latent Ambiguity
Taxability of Sale of Residence
14. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.
Attorney-Client Communication
Recklessly Endangering
Dying Declaration
Kidnapping
15. 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.
Accord and Satisfaction
Mutual Mistake
Implied Warranty Construction Contract
Impeachment
16. 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
Usurpation of Corporate Opportunity (Remedies)
Negligence (Malpractice)
Theft by Deception
ADEA (shifting burdens)
17. 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.
4th Amendment Govt Employers
Applicability of Express Warranty
Notice for Special Meeting
Implied Warranty Construction Contract
18. 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
Supression of Evidence
Ademption
Codicil
Mutual Mistake
19. 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
Buyer's duties (rejected goods)
Dormant Commerce Clause
Will Requirements
20. 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.
Age Discrimination
Hearsay
Board of Directors (Removal)
Fair Reporting Privilege
21. 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
Representing Multiple Parties
Implied Warranty Construction Contract
Will Requirements
Standing
22. 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
Prescriptive Easement
Corporate Opportunity
Liability of Claims After Merger
Tax (Life Insurance Policy Proceeds)
23. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Pre-Nuptial Agreements
4th Amendment Govt Employers
Incorporation by Reference
Warranties/Disclaimers
24. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Standing
ADEA (shifting burdens)
Attorney Contact w/ Represented Party
Present-sense Impression
25. 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
Jgmt on the Pleadings
Special Warranty Deed
Procedural Due Process
Kidnapping
26. 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
Entrapment
Pat Down Search
Duty to Minority Shareholders
Privacy Rights
27. 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
Latent Ambiguity
3rd Party Beneficiary
1st Amendment Free Speech
Removal to Action to Federal Court
28. Buyer can revoke acceptance of goods if goods were accepted without discovery of the defect in the goods and buyer relied upon assurances of the seller in accepting the goods.
Revocation of Acceptance
Attorney-Client Communication
Statute of Frauds
Criminal Conspiracy
29. 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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30. 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.
Procedural Due Process
Conditional Devise
1st Amendment Free Speech
Unauthorized Practice of Law
31. 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
Deed (Delivery)
Impeachment
Kidnapping
32. 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.
ADEA (shifting burdens)
Contract Formation
Taxability of Embezzeled Property
Usurpation of Corporate Opportunity (Remedies)
33. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Fair Reporting Privilege
1st Amendment Free Association
RPC (Competence)
Attorney-Client Communication
34. 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.
Revocation of Acceptance
Buyer's duties (rejected goods)
Proper Service of Complaint
Entrapment
35. 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
Hearsay
1st Amendment Free Speech (Defamation
Ademption
Terroristic Threats
36. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Procedural Due Process
Representing Multiple Parties
Attorney-Client Communication
Unconcionable Contract Provision (UCC)
37. 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.
Latent Ambiguity
Applicability of Express Warranty
Burglary
Perjury
38. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Liability of Directors (improper distribution)
Fair Reporting Privilege
Americans w/ Disabilites Act
39. 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.
Protection From Abuse Order
Excited Utterance
Lay Opinion Testimony
3rd Party Beneficiary
40. 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
Prescriptive Easement
Criminal Conspiracy
1st Amendment Free Speech (Defamation
Domicile
41. 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
Latent Ambiguity
Board of Directors (Voting)
Liquidated Damages
Unauthorized Practice of Law
42. 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.
Domicile
Receipt of Income
1st Degree Murder
Corporate Opportunity
43. 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
Will Requirements
Estates (Advancement)
Corporate Opportunity
Restrictive Covenant (Enforcement)
44. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Applicability of Express Warranty
Corporate Opportunity
Recklessly Endangering
Lay Opinion Testimony
45. 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.
Contract Formation
Damages
Present-sense Impression
Codicil
46. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Taxability of Sale of Residence
Fee Agreements
Oral Agreements (SOF)
Pretermitted Spouse
47. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Bona Fide Purchaser
Negligence (Malpractice)
Terroristic Threats
48. 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.
Fed Tax (Advancement)
Latent Ambiguity
Merchants Confirming Memo
Accord and Satisfaction
49. 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
1st Amendment Free Speech (Defamation
Dying Declaration
Estates (Slayer's Act)
50. 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
Incorporation by Reference
Lay Opinion Testimony
Present-sense Impression
Sharehold Derivative Suit