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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. 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
Alimony
CP (New Matter/Answer)
CP (Motion for New Trial)
2. 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
Retraint on Alienation
Fed Tax (Advancement)
Bona Fide Purchaser
Representing Multiple Parties
3. 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
Merchants Confirming Memo
Liability of Claims After Merger
1st Degree Murder
4. 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
Constructive Eviction
Fed Tax (Advancement)
Bequests
Privacy Rights
5. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Recording Statute
Pat Down Search
Recklessly Endangering
1st Amendment Free Association
6. 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 (Advancement)
CP (Motion for New Trial)
Estates (Intestate)
Bona Fide Purchaser
7. A document which is not admissible to probate as a document incorporated by reference because it was not in existence at the time of the execution of the will in question may nevertheless be admissible to probate as a codicil if in fact it was execut
Hearsay
Codicil
Gift of Stock
Burglary
8. 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.'
Implied Warranty Construction Contract
Protection From Abuse Order
Burglary
Restrictive Covenant (Enforcement)
9. 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
Protection From Abuse Order
3rd Party Beneficiary
Alimony
Title VII- Retaliatory Discharge
10. 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
Protection From Abuse Order
Dying Declaration
Criminal Trespass
Deed (Delivery)
11. 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.
Prescriptive Easement
Liability of Claims After Merger
Fair Reporting Privilege
Tenancy by the Entireties
12. 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
4th Amendment Govt Employers
Mutual Mistake
Standing
13. 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
Theft
Applicability of Express Warranty
Fair Reporting Privilege
14. 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
Retraint on Alienation
RPC (Prospective Client)
Unconcionable Contract Provision (UCC)
15. Occurs when a person takes the property of another with intent to deprive them of it.
Representing Multiple Parties
Anticipatory Repudiation
Theft
Fee Agreements
16. Requires physical presence together with an intent to establish.
Lawyer Advertising
Representing Multiple Parties
Joint Tenancy (Severance)
Domicile
17. 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
Dying Declaration
RPC (Prospective Client)
Attorney-Client Communication
Conditional Devise
18. 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.
Simple Assault
Special Warranty Deed
Summary Jugment
Present-sense Impression
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
Deductibility of Restitution
Estates (Intestate)
Specially Manufactured Goods (SOF)
Taxability of Sale of Residence
20. 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.
RPC (Competence)
Liquidated Damages
Duty to Minority Shareholders
Recklessly Endangering
21. 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.
Hearsay
Mitigation of Damages
Gift of Stock
Title VII- Retaliatory Discharge
22. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Specially Manufactured Goods (SOF)
Lawyer Advertising
Lay Opinion Testimony
4th Amendment Search and Seizure
23. 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.
Oral Agreements (SOF)
Marital Property
4th Amendment Govt Employers
Estates (Slayer's Act)
24. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Special Warranty Deed
Statute of Frauds
Criminal Trespass
1st Amendment Free Speech
25. 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
Bequests
Removal to Action to Federal Court
Ademption
26. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Theft by Deception
Unauthorized Practice of Law
Tax (Life Insurance Policy Proceeds)
Fee Agreements
27. A verdict is against the weight of the evidence where the verdict constitutes a miscarriage of justice or shocks the conscience of the Court - or is such that no reasonable jury could have reached the same conclusion.
Treasure Trove
Ademption
4th Amendment Search and Seizure
CP (Motion for New Trial)
28. 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'
Revocation of Acceptance
Mutual Mistake
Lawyer Advertising
3rd Party Beneficiary
29. 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
Conditional Devise
Defense of Minority
Terroristic Threats
4th Amendment Search and Seizure
30. 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.
Sharehold Derivative Suit
Equitable Division
Will Requirements
Representing Multiple Parties
31. 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.
Entrapment
Bequests
Lay Opinion Testimony
Applicability of Express Warranty
32. 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.
Prescriptive Easement (scope)
Defense of Minority
Procedural Due Process
Age Discrimination
33. 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.
Joint Tenancy w/ Right of Survivorship
Destruction of Identified Goods
Burglary
Pretermitted Spouse
34. 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.
Simple Assault
Landlord Duties
Burglary
Contract Formation
35. 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
Restrictive Covenant (Enforcement)
Corporate Opportunity
4th Amendment Govt Employers
Emancipation
36. 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
Theft by Deception
Tax (Life Insurance Policy Proceeds)
Emancipation
Kidnapping
37. 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
Robbery
Bona Fide Purchaser
1st Amendment Free Speech
Loss of Consortium
38. 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
Impeachment
Liability of Directors (improper distribution)
Equitable Division
Theft by Deception
39. 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.
Impeachment
Marital Property
Incorporation by Reference
Revocation of Acceptance
40. 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
1st Amendment Free Association
Kidnapping
Receipt of Income
2nd Degree Murder
41. 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
Tenancy by the Entireties
1st Amendment Free Speech (Defamation
Emancipation
Notice for Special Meeting
42. 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.
Emancipation
Taxability of Embezzeled Property
Excited Utterance
Deductibility of Restitution
43. 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.
Incorporation by Reference
Fair Reporting Privilege
Receipt of Income
Hearsay
44. (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
Attorney-Client Communication
Attorney Work Product
Board of Directors (Removal)
Will Requirements
45. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Duty to Minority Shareholders
Bequests
4th Amendment Search and Seizure
46. Use of force to aid in escape after committing a theft constitutes robbery.
Recording Statute
Fair Reporting Privilege
Restrictions on Transferability of Stock
Robbery
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
Bequests
Fed Tax (Advancement)
Sharehold Derivative Suit
Taxability of Sale of Residence
48. 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).
Dying Declaration
Joint Tenancy w/ Right of Survivorship
1st Amendment Free Association
Americans w/ Disabilites Act
49. 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
Special Warranty Deed
Liability of Directors (improper distribution)
Entrapment
Attorney Contact w/ Represented Party
50. A direct or indirect threat to commit a crime with intent to terrorize.
Landlord Duties
Terroristic Threats
1st Amendment Free Speech
Protection From Abuse Order