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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 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.
Prescriptive Easement
Conditional Devise
Bona Fide Purchaser
Board of Directors (Voting)
2. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Attorney-Client Communication
Alimony
Simple Assault
Estates (Slayer's Act)
3. 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
Unauthorized Practice of Law
Incorporation by Reference
Present-sense Impression
Restrictive Covenant (Enforcement)
4. 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
1st Amendment Free Speech (Defamation
Corporate Opportunity
Representing Multiple Parties
Taxability of Embezzeled Property
5. 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
Perjury
Forgery
Theft by Deception
Title VII- Retaliatory Discharge
6. Embezzeled funds and property are considered income in the year taken without permission into exclusive control and with no agreement with the victim to make any restitution.
1st Degree Murder
Restrictive Covenant (Enforcement)
Constructive Eviction
Taxability of Embezzeled Property
7. 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
Estates (Intestate)
Defense of Minority
Dormant Commerce Clause
Special Warranty Deed
8. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Pretermitted Spouse
4th Amendment Govt Employers
Perjury
9. 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
Damages
Loss of Consortium
CP (Motion for New Trial)
1st Amendment Free Association
10. 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
Strict Products Liability
Protection From Abuse Order
Americans w/ Disabilites Act
Constructive Eviction
11. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Mitigation of Damages
Specially Manufactured Goods (SOF)
Alimony
Equitable Division
12. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Mitigation of Damages
Supression of Evidence
Marital Property
Kidnapping
13. 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.
Restrictive Covenant (Enforcement)
Applicability of Express Warranty
Theft
CP (New Matter/Answer)
14. 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
Ademption
Prescriptive Easement
1st Amendment Free Speech (Defamation
Taxability of Sale of Residence
15. 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
Specially Manufactured Goods (SOF)
4th Amendment Search and Seizure
Strict Products Liability
Oral Agreements (SOF)
16. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Criminal Trespass
Deductibility of Restitution
Will Requirements
17. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Duty to Minority Shareholders
Damages
Oral Agreements (SOF)
18. 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.
Pretermitted Spouse
Oral Agreements (SOF)
Fair Reporting Privilege
Treasure Trove
19. The Supreme Court has recognized certain zones of privacy are created by the Constitution. Personal medical information has been deemed within the ambit of the zone of privacy by judicial decision. A balancing test is applied to determine whether a p
Liability of Directors (improper distribution)
Forgery
Privacy Rights
Dormant Commerce Clause
20. 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.
Conditional Devise
CP (New Matter/Answer)
3rd Party Beneficiary
Revocation of Acceptance
21. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
ADEA (shifting burdens)
Mutual Mistake
Liquidated Damages
22. 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
Prescriptive Easement
Attorney Work Product
Latent Ambiguity
Mutual Mistake
23. 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.
Deductibility of Restitution
Fed Tax (Advancement)
Usurpation of Corporate Opportunity (Remedies)
Entrapment
24. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Codicil
Deed (Delivery)
Pat Down Search
25. Requires physical presence together with an intent to establish.
Attorney Contact w/ Represented Party
Tenancy by the Entireties
Domicile
Title VII- Retaliatory Discharge
26. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Removal to Action to Federal Court
Fair Reporting Privilege
Bona Fide Purchaser
Accord and Satisfaction
27. 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
Tax (Life Insurance Policy Proceeds)
Dying Declaration
Title VII- Retaliatory Discharge
Devise of Encumbered Property
28. 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
Gambling Winnings and Losses
Standing
Mitigation of Damages
Equitable Division
29. 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.
Oral Agreements (SOF)
Negligence (Malpractice)
Statute of Frauds
Board of Directors (Removal)
30. 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.
Attorney Contact w/ Represented Party
Sharehold Derivative Suit
Latent Ambiguity
Kidnapping
31. 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.
Simple Assault
Pretermitted Spouse
Estates (Intestate)
Removal to Action to Federal Court
32. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Unauthorized Practice of Law
Standing
Entrapment
Title VII- Retaliatory Discharge
33. 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
4th Amendment Govt Employers
ADEA (shifting burdens)
Usurpation of Corporate Opportunity (Remedies)
34. 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.
Perjury
Implied Warranty Construction Contract
Burglary
Jgmt on the Pleadings
35. Property obtained during the course of the marriage is marital property - subject to equitable division.
Representing Multiple Parties
Present-sense Impression
Negligence (Malpractice)
Marital Property
36. 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.
Domicile
Burglary
Attorney Contact w/ Represented Party
Forgery
37. 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.
Removal to Action to Federal Court
4th Amendment Search and Seizure
Fed Tax (Advancement)
Oral Agreements (SOF)
38. 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'.
Supression of Evidence
RPC (Prospective Client)
2nd Degree Murder
CP (New Matter/Answer)
39. 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.
Prescriptive Easement (scope)
Entrapment
Retraint on Alienation
Lay Opinion Testimony
40. (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
Will Requirements
Codicil
Domicile
Attorney-Client Communication
41. 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.
Latent Ambiguity
Hearsay
3rd Party Beneficiary
Loss of Consortium
42. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Fed Tax (Advancement)
Terroristic Threats
Statute of Frauds
43. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Criminal Trespass
RPC (Competence)
Summary Jugment
44. 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.
Receipt of Income
Treasure Trove
Board of Directors (Removal)
Accord and Satisfaction
45. 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.
Representing Multiple Parties
Latent Ambiguity
3rd Party Beneficiary
Mitigation of Damages
46. 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.
Contract Formation
Protection From Abuse Order
Board of Directors (Voting)
Estates (Intestate)
47. 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
Attorney Contact w/ Represented Party
Bequests
Simple Assault
Ademption
48. At the time he was terminated - P was within the class protected by the ADEA - he was otherwise qualified for his job - he was discharged by D - and D employed a substantially younger person for his position.
Age Discrimination
CP (New Matter/Answer)
Recording Statute
Fair Reporting Privilege
49. 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
Prescriptive Easement (scope)
Domicile
Gift of Stock
50. 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
Board of Directors (Removal)
Proper Service of Complaint
Anticipatory Repudiation
Special Warranty Deed