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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. 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
Hearsay
Sharehold Derivative Suit
Negligence (Malpractice)
Standing
2. 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
Duty to Minority Shareholders
Alimony
Restrictive Covenant (Enforcement)
Emancipation
3. Income from gambling constitutes gross taxable income - while losses may be deducted.
Board of Directors (Removal)
Merchants Confirming Memo
Accord and Satisfaction
Gambling Winnings and Losses
4. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Dying Declaration
Taxability of Embezzeled Property
3rd Party Beneficiary
Specially Manufactured Goods (SOF)
5. 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.
Perjury
Codicil
RPC (Competence)
Conditional Devise
6. Accord is a contract whereby an obligee promises to accept a stated performance in satisfaction of the obligor's original duty. Where there is a dispute between the parties concerning the amount due - consideration for an accord is found when the cre
Accord and Satisfaction
Applicability of Express Warranty
4th Amendment Search and Seizure
Summary Jugment
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.
Domicile
Retraint on Alienation
Anticipatory Repudiation
Summary Jugment
8. 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.
Kidnapping
Landlord Duties
Equitable Division
Ademption
9. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Restrictions on Transferability of Stock
Latent Ambiguity
Negligence (Malpractice)
1st Degree Murder
10. 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.
Merchants Confirming Memo
Emancipation
Usurpation of Corporate Opportunity (Remedies)
Alimony
11. 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.
Will Requirements
CP (New Matter/Answer)
4th Amendment Govt Employers
Latent Ambiguity
12. 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.
Excited Utterance
Taxability of Sale of Residence
Fair Reporting Privilege
Dying Declaration
13. 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
Deed (Delivery)
Specially Manufactured Goods (SOF)
Joint Tenancy (Severance)
Accord and Satisfaction
14. 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
Strict Products Liability
Negligence (Malpractice)
Contract Formation
Americans w/ Disabilites Act
15. 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
Estates (Slayer's Act)
Gift of Stock
Oral Agreements (SOF)
Taxability of Sale of Residence
16. 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
3rd Party Beneficiary
Implied Warranty Construction Contract
Special Warranty Deed
Unconcionable Contract Provision (UCC)
17. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Domicile
Receipt of Income
Impeachment
18. 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
Joint Tenancy (Severance)
Pat Down Search
Mutual Mistake
Applicability of Express Warranty
19. 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
Applicability of Express Warranty
Taxability of Sale of Residence
Incorporation by Reference
Attorney-Client Communication
20. 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
Tax (Life Insurance Policy Proceeds)
Latent Ambiguity
Deductibility of Restitution
21. 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
Lawyer Advertising
Damages
Loss of Consortium
RPC (Competence)
22. 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.
Receipt of Income
Oral Agreements (SOF)
Procedural Due Process
Mitigation of Damages
23. 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
Destruction of Identified Goods
Will Requirements
Special Warranty Deed
24. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Lay Opinion Testimony
Specially Manufactured Goods (SOF)
ADEA (shifting burdens)
Accord and Satisfaction
25. 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
Attorney-Client Communication
Unauthorized Practice of Law
Burglary
Supression of Evidence
26. 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.
RPC (Prospective Client)
Latent Ambiguity
Procedural Due Process
Theft by Deception
27. 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
Supression of Evidence
Merchants Confirming Memo
3rd Party Beneficiary
Americans w/ Disabilites Act
28. 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
RPC (Prospective Client)
Bona Fide Purchaser
Mitigation of Damages
29. Use of force to aid in escape after committing a theft constitutes robbery.
Board of Directors (Removal)
Attorney Work Product
Perjury
Robbery
30. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Recklessly Endangering
Forgery
Privacy Rights
31. 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
Americans w/ Disabilites Act
1st Amendment Free Speech (Defamation
Retraint on Alienation
Estates (Slayer's Act)
32. 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
Gambling Winnings and Losses
Revocation of Acceptance
Damages
Attorney Work Product
33. 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
Negligence (Malpractice)
Will Requirements
Americans w/ Disabilites Act
Treasure Trove
34. 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
Domicile
Alimony
Codicil
35. 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.
Americans w/ Disabilites Act
Prescriptive Easement (scope)
Recklessly Endangering
Forgery
36. 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
1st Amendment Free Speech (Defamation
Theft by Deception
Alimony
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.
Revocation of Acceptance
Devise of Encumbered Property
Forgery
Restrictive Covenant (Enforcement)
38. 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
CP (New Matter/Answer)
Devise of Encumbered Property
4th Amendment Govt Employers
Merchants Confirming Memo
39. 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
Bona Fide Purchaser
Bequests
Taxability of Sale of Residence
RPC (Competence)
40. 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
Estates (Slayer's Act)
Codicil
Implied Warranty Construction Contract
41. Requires physical presence together with an intent to establish.
Domicile
Estates (Slayer's Act)
Pat Down Search
Deductibility of Restitution
42. 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
Lawyer Advertising
Pretermitted Spouse
Burglary
1st Amendment Free Speech
43. 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.
Treasure Trove
Retraint on Alienation
Equitable Division
Impeachment
44. The right of election against the will of deceased spouse is 1/3 of the estate. The right of election can be waived in a prenuptial agreement - be forfeited by desertion - or be prohibited in certain circumstances when a divorce is pending.
4th Amendment Govt Employers
Taxability of Embezzeled Property
Attorney Contact w/ Represented Party
Pretermitted Spouse
45. 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.
Deed (Delivery)
Bequests
Statute of Frauds
Taxability of Embezzeled Property
46. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Constructive Eviction
Fee Agreements
Prescriptive Easement
1st Amendment Free Speech
47. 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
Hearsay
Fed Tax (Advancement)
Incorporation by Reference
Restrictive Covenant (Enforcement)
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
Destruction of Identified Goods
Estates (Intestate)
Recklessly Endangering
Tax (Life Insurance Policy Proceeds)
49. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Kidnapping
4th Amendment Govt Employers
Loss of Consortium
50. 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)
Bona Fide Purchaser
Taxability of Sale of Residence
Fed Tax (Advancement)