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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. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Attorney-Client Communication
Merchants Confirming Memo
Simple Assault
1st Amendment Free Speech
2. 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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3. 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
Specially Manufactured Goods (SOF)
Simple Assault
Impeachment
4. 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.
Constructive Eviction
Mitigation of Damages
Pretermitted Spouse
ADEA (shifting burdens)
5. 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
Contract Formation
Warranties/Disclaimers
Accord and Satisfaction
Special Warranty Deed
6. 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.
Landlord Duties
Theft by Deception
Latent Ambiguity
Board of Directors (Voting)
7. 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
Bona Fide Purchaser
Special Warranty Deed
Equitable Division
Damages
8. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Sharehold Derivative Suit
Prescriptive Easement
Statute of Frauds
Oral Agreements (SOF)
9. 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
Bona Fide Purchaser
Incorporation by Reference
Accord and Satisfaction
3rd Party Beneficiary
10. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Gambling Winnings and Losses
Excited Utterance
Criminal Conspiracy
Present-sense Impression
11. 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.
Jgmt on the Pleadings
Corporate Opportunity
Excited Utterance
Pre-Nuptial Agreements
12. 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
Implied Warranty Construction Contract
Estates (Intestate)
Gift of Stock
Ademption
13. 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.
Removal to Action to Federal Court
Board of Directors (Removal)
Will Requirements
Burglary
14. Use of force to aid in escape after committing a theft constitutes robbery.
Codicil
Robbery
Dormant Commerce Clause
Terroristic Threats
15. 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.
Bequests
Proper Service of Complaint
Receipt of Income
Mutual Mistake
16. 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
1st Degree Murder
Standing
1st Amendment Free Speech
Unconcionable Contract Provision (UCC)
17. 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.
Gambling Winnings and Losses
Applicability of Express Warranty
Present-sense Impression
Supression of Evidence
18. 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
Domicile
Supression of Evidence
Tax (Life Insurance Policy Proceeds)
Representing Multiple Parties
19. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Recklessly Endangering
1st Degree Murder
Title VII- Retaliatory Discharge
Hearsay
20. 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
Removal to Action to Federal Court
Supression of Evidence
Revocation of Acceptance
Forgery
21. 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
Alimony
Board of Directors (Removal)
Criminal Conspiracy
Proper Service of Complaint
22. 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
Latent Ambiguity
Estates (Advancement)
Alimony
4th Amendment Search and Seizure
23. 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
Americans w/ Disabilites Act
Accord and Satisfaction
Mitigation of Damages
Gift of Stock
24. 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.
Negligence (Malpractice)
Usurpation of Corporate Opportunity (Remedies)
Supression of Evidence
Gambling Winnings and Losses
25. 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
Contract Formation
Codicil
Damages
Joint Tenancy w/ Right of Survivorship
26. 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
Statute of Frauds
Mutual Mistake
Standing
Liability of Directors (improper distribution)
27. 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
Pretermitted Spouse
Recording Statute
1st Amendment Free Association
28. 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.
Treasure Trove
Latent Ambiguity
Summary Jugment
2nd Degree Murder
29. 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
Pretermitted Spouse
2nd Degree Murder
Constructive Eviction
Taxability of Embezzeled Property
30. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Estates (Slayer's Act)
Criminal Trespass
Will Requirements
Taxability of Sale of Residence
31. 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
Conditional Devise
Sharehold Derivative Suit
Unauthorized Practice of Law
Loss of Consortium
32. 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.
Warranties/Disclaimers
Latent Ambiguity
Landlord Duties
1st Amendment Free Speech
33. 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.
Contract Formation
Procedural Due Process
Theft
Taxability of Embezzeled Property
34. 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
Mitigation of Damages
Title VII- Retaliatory Discharge
Estates (Advancement)
RPC (Prospective Client)
35. 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
CP (New Matter/Answer)
3rd Party Beneficiary
Sharehold Derivative Suit
Board of Directors (Voting)
36. 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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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
Restrictive Covenant (Enforcement)
Dormant Commerce Clause
Strict Products Liability
38. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Domicile
Prescriptive Easement (scope)
Receiving Stolen Property
Emancipation
39. 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
Statute of Frauds
Estates (Slayer's Act)
Unauthorized Practice of Law
Joint Tenancy (Severance)
40. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Dormant Commerce Clause
Specially Manufactured Goods (SOF)
Codicil
Retraint on Alienation
41. 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.
Burglary
Notice for Special Meeting
Duty to Minority Shareholders
Robbery
42. 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
Contract Formation
Privacy Rights
Destruction of Identified Goods
Estates (Slayer's Act)
43. 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'
Conditional Devise
Theft by Deception
Lawyer Advertising
Sharehold Derivative Suit
44. 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
Retraint on Alienation
Burglary
Strict Products Liability
Gift of Stock
45. 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.
Board of Directors (Removal)
2nd Degree Murder
Age Discrimination
Statute of Frauds
46. 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
1st Amendment Free Association
Liquidated Damages
Destruction of Identified Goods
Theft by Deception
47. 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.
Americans w/ Disabilites Act
Destruction of Identified Goods
RPC (Competence)
Kidnapping
48. 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
1st Degree Murder
Gambling Winnings and Losses
Bona Fide Purchaser
Mutual Mistake
49. 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
Unauthorized Practice of Law
Receiving Stolen Property
Forgery
Kidnapping
50. 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.
Excited Utterance
Will Requirements
ADEA (shifting burdens)
Specially Manufactured Goods (SOF)