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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. 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.
Title VII- Retaliatory Discharge
Americans w/ Disabilites Act
Board of Directors (Removal)
Conditional Devise
2. 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.
Latent Ambiguity
Lawyer Advertising
4th Amendment Govt Employers
Title VII- Retaliatory Discharge
3. 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.
Protection From Abuse Order
Unconcionable Contract Provision (UCC)
RPC (Competence)
Estates (Advancement)
4. 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
Entrapment
Fed Tax (Advancement)
Liquidated Damages
Procedural Due Process
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
Bona Fide Purchaser
Mitigation of Damages
Tax (Life Insurance Policy Proceeds)
Unconcionable Contract Provision (UCC)
6. Alleged prior bad acts are not relevant and are inadmissible for impeachment. Convictions for robbery (w/i 10 years) are admissible to impeach (crime of dishonesty).
Theft by Deception
Title VII- Retaliatory Discharge
Fee Agreements
Impeachment
7. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Dormant Commerce Clause
Gift of Stock
ADEA (shifting burdens)
Attorney Work Product
8. 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
4th Amendment Search and Seizure
Latent Ambiguity
Warranties/Disclaimers
Equitable Division
9. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Fair Reporting Privilege
Alimony
Bona Fide Purchaser
10. Property obtained during the course of the marriage is marital property - subject to equitable division.
1st Amendment Free Association
Protection From Abuse Order
Marital Property
ADEA (shifting burdens)
11. 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
Lawyer Advertising
4th Amendment Search and Seizure
1st Amendment Free Speech (Defamation
Taxability of Sale of Residence
12. 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
Special Warranty Deed
Prescriptive Easement (scope)
Joint Tenancy (Severance)
3rd Party Beneficiary
13. 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
Will Requirements
Corporate Opportunity
1st Degree Murder
14. 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
Attorney Work Product
Joint Tenancy (Severance)
Unauthorized Practice of Law
Supression of Evidence
15. 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
Loss of Consortium
Standing
Latent Ambiguity
Gambling Winnings and Losses
16. 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.
Fair Reporting Privilege
Devise of Encumbered Property
Prescriptive Easement (scope)
Treasure Trove
17. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Criminal Conspiracy
Title VII- Retaliatory Discharge
Procedural Due Process
Latent Ambiguity
18. 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.
Burglary
Standing
Prescriptive Easement (scope)
Special Warranty Deed
19. 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.
Forgery
Gift of Stock
Unauthorized Practice of Law
Jgmt on the Pleadings
20. 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
1st Amendment Free Association
Theft by Deception
RPC (Prospective Client)
3rd Party Beneficiary
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
Criminal Conspiracy
Fair Reporting Privilege
Taxability of Sale of Residence
Entrapment
22. 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
Impeachment
Joint Tenancy (Severance)
Damages
Procedural Due Process
23. 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
Defense of Minority
Corporate Opportunity
Taxability of Embezzeled Property
Bequests
24. The tenancy is severable by the action of either joint tenant - and in PA the mortgage on the property by one of the joint tenants operates to sever the joint tenancy w/ right of survivorship (becomes tenancy in common).
Equitable Division
Gift of Stock
Joint Tenancy w/ Right of Survivorship
Summary Jugment
25. 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.
Jgmt on the Pleadings
Excited Utterance
Present-sense Impression
Board of Directors (Voting)
26. 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.
Estates (Intestate)
1st Degree Murder
1st Amendment Free Speech
Prescriptive Easement
27. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Mitigation of Damages
Gift of Stock
Protection From Abuse Order
Privacy Rights
28. 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.
Jgmt on the Pleadings
Liquidated Damages
Pretermitted Spouse
Loss of Consortium
29. Marital misconduct may not be considered at an equitable division hearing. The Court should consider the parties' income as one factor in determining equitable property division.
Representing Multiple Parties
Equitable Division
Attorney-Client Communication
Mutual Mistake
30. 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
Kidnapping
Burglary
1st Amendment Free Association
Equitable Division
31. 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.
2nd Degree Murder
Unconcionable Contract Provision (UCC)
Tax (Life Insurance Policy Proceeds)
Ademption
32. 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.
Present-sense Impression
Excited Utterance
4th Amendment Govt Employers
Fed Tax (Advancement)
33. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Taxability of Embezzeled Property
Pat Down Search
Merchants Confirming Memo
Lay Opinion Testimony
34. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
RPC (Prospective Client)
Tax (Life Insurance Policy Proceeds)
Receiving Stolen Property
Marital Property
35. Requires physical presence together with an intent to establish.
Incorporation by Reference
CP (Motion for New Trial)
Domicile
Anticipatory Repudiation
36. 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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37. 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
Mutual Mistake
Unconcionable Contract Provision (UCC)
Constructive Eviction
Special Warranty Deed
38. 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.
Codicil
Unconcionable Contract Provision (UCC)
Contract Formation
Fee Agreements
39. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Constructive Eviction
Simple Assault
Excited Utterance
Specially Manufactured Goods (SOF)
40. 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 Amendment Free Speech
Excited Utterance
Devise of Encumbered Property
Jgmt on the Pleadings
41. 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.
Will Requirements
Kidnapping
Notice for Special Meeting
Oral Agreements (SOF)
42. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Americans w/ Disabilites Act
Unconcionable Contract Provision (UCC)
Criminal Trespass
Statute of Frauds
43. 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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44. 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
Sharehold Derivative Suit
Tax (Life Insurance Policy Proceeds)
Hearsay
45. 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
Perjury
Unauthorized Practice of Law
Ademption
Liability of Claims After Merger
46. 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.
Deductibility of Restitution
Revocation of Acceptance
Simple Assault
Mitigation of Damages
47. Use of force to aid in escape after committing a theft constitutes robbery.
Alimony
RPC (Prospective Client)
Standing
Robbery
48. 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
Excited Utterance
Gambling Winnings and Losses
Representing Multiple Parties
49. A direct or indirect threat to commit a crime with intent to terrorize.
ADEA (shifting burdens)
Terroristic Threats
Fed Tax (Advancement)
Protection From Abuse Order
50. 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.
Privacy Rights
Receipt of Income
Strict Products Liability
1st Amendment Free Speech