SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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 a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Attorney Contact w/ Represented Party
Bequests
Joint Tenancy w/ Right of Survivorship
Recklessly Endangering
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.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
3. 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
Bona Fide Purchaser
Mitigation of Damages
1st Amendment Free Speech
Privacy Rights
4. 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.
Strict Products Liability
Applicability of Express Warranty
Impeachment
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
Devise of Encumbered Property
Strict Products Liability
Bona Fide Purchaser
Entrapment
6. 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
Supression of Evidence
Privacy Rights
Criminal Conspiracy
Estates (Advancement)
7. 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.
Damages
Estates (Advancement)
Lawyer Advertising
Taxability of Embezzeled Property
8. 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
Supression of Evidence
Joint Tenancy (Severance)
Implied Warranty Construction Contract
Landlord Duties
9. 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
Dormant Commerce Clause
Special Warranty Deed
Lawyer Advertising
Conditional Devise
10. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Fed Tax (Advancement)
Specially Manufactured Goods (SOF)
Alimony
Restrictions on Transferability of Stock
11. 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.
1st Amendment Free Speech
1st Degree Murder
Contract Formation
Attorney-Client Communication
12. 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.
Latent Ambiguity
Removal to Action to Federal Court
Pre-Nuptial Agreements
1st Amendment Free Association
13. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Liability of Claims After Merger
Burglary
Dying Declaration
Codicil
14. 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.
Unauthorized Practice of Law
Liability of Claims After Merger
Retraint on Alienation
2nd Degree Murder
15. 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
Unconcionable Contract Provision (UCC)
Pre-Nuptial Agreements
Incorporation by Reference
RPC (Competence)
16. 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
Attorney-Client Communication
Deed (Delivery)
Statute of Frauds
Standing
17. 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
Strict Products Liability
Emancipation
Merchants Confirming Memo
Revocation of Acceptance
18. 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.
Tax (Life Insurance Policy Proceeds)
Mitigation of Damages
Negligence (Malpractice)
Proper Service of Complaint
19. 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
Fair Reporting Privilege
Supression of Evidence
Dormant Commerce Clause
20. 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.
Dying Declaration
Excited Utterance
Impeachment
Notice for Special Meeting
21. 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
3rd Party Beneficiary
Strict Products Liability
Taxability of Sale of Residence
Retraint on Alienation
22. 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
3rd Party Beneficiary
CP (Motion for New Trial)
Unauthorized Practice of Law
Joint Tenancy w/ Right of Survivorship
23. 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.
Statute of Frauds
Dying Declaration
Present-sense Impression
Corporate Opportunity
24. 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
1st Amendment Free Speech
Title VII- Retaliatory Discharge
Anticipatory Repudiation
Summary Jugment
25. 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
Attorney Work Product
Liquidated Damages
Devise of Encumbered Property
26. 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
Unconcionable Contract Provision (UCC)
Constructive Eviction
Dormant Commerce Clause
Liability of Directors (improper distribution)
27. 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
Domicile
Hearsay
Restrictive Covenant (Enforcement)
Duty to Minority Shareholders
28. 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
Warranties/Disclaimers
Negligence (Malpractice)
4th Amendment Search and Seizure
Restrictive Covenant (Enforcement)
29. 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'.
Taxability of Embezzeled Property
Contract Formation
CP (New Matter/Answer)
Joint Tenancy w/ Right of Survivorship
30. Income from gambling constitutes gross taxable income - while losses may be deducted.
Estates (Intestate)
Gambling Winnings and Losses
Recording Statute
1st Amendment Free Speech (Defamation
31. 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.
Excited Utterance
Destruction of Identified Goods
Special Warranty Deed
Mutual Mistake
32. There's an implicit right of association for expressive purposes under the 1st Amendment. An infringement on this right may be justified by a compelling state interest. Even as a compelling state interest - enforecement of non-discrimination laws mus
Anticipatory Repudiation
4th Amendment Govt Employers
Revocation of Acceptance
1st Amendment Free Association
33. 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.
Hearsay
Standing
Estates (Advancement)
Taxability of Embezzeled Property
34. 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
Summary Jugment
Constructive Eviction
Implied Warranty Construction Contract
1st Amendment Free Speech (Defamation
35. 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
Forgery
Prescriptive Easement (scope)
Lay Opinion Testimony
36. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Duty to Minority Shareholders
Treasure Trove
Attorney-Client Communication
4th Amendment Govt Employers
37. 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)
Removal to Action to Federal Court
Criminal Trespass
Procedural Due Process
38. 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.
Attorney Work Product
Liability of Directors (improper distribution)
Entrapment
Standing
39. 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.
Criminal Trespass
Alimony
Removal to Action to Federal Court
Receipt of Income
40. 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
4th Amendment Search and Seizure
Board of Directors (Voting)
Merchants Confirming Memo
Domicile
41. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
4th Amendment Govt Employers
Restrictions on Transferability of Stock
Duty to Minority Shareholders
Impeachment
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
1st Amendment Free Speech
Lay Opinion Testimony
Theft by Deception
Duty to Minority Shareholders
43. 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
1st Amendment Free Speech
4th Amendment Search and Seizure
Hearsay
44. 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
Attorney Work Product
Mitigation of Damages
Specially Manufactured Goods (SOF)
Accord and Satisfaction
45. Property obtained during the course of the marriage is marital property - subject to equitable division.
Simple Assault
Hearsay
Marital Property
Equitable Division
46. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Jgmt on the Pleadings
Prescriptive Easement
Latent Ambiguity
Fair Reporting Privilege
47. 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.
Receipt of Income
Latent Ambiguity
Liability of Directors (improper distribution)
Lay Opinion Testimony
48. Use of force to aid in escape after committing a theft constitutes robbery.
Sharehold Derivative Suit
Gift of Stock
Privacy Rights
Robbery
49. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Warranties/Disclaimers
Applicability of Express Warranty
Unauthorized Practice of Law
50. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Fed Tax (Advancement)
Simple Assault
Latent Ambiguity
Deed (Delivery)