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PA Bar Exam

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. Offense occurs if a person without license or privilege by force enters an occupied structure of another.






2. 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






3. A direct or indirect threat to commit a crime with intent to terrorize.






4. 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.






5. 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






6. 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.






7. 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.






8. 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






9. 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.






10. 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






11. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.






12. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.






13. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.






14. 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.






15. Restitution made is generally deductible in the year made.






16. 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'






17. 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.






18. 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






19. 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.






20. (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






21. 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






22. 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.






23. 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.






24. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.






25. 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






26. Occurs when a person takes the property of another with intent to deprive them of it.






27. 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).






28. 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.






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






30. 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.






31. 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.






32. 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.






33. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






34. 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






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






36. Income from gambling constitutes gross taxable income - while losses may be deducted.






37. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.






38. 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.






39. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti






40. 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.






41. 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






42. 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.






43. Govt employees have reasonable expectation of privacy in desk - file cabinets absent any contrary practices. Warrant not required for workplace search by Govt employer- search must be reasonable. Search must be reasonable at inception - related to in






44. Property obtained during the course of the marriage is marital property - subject to equitable division.






45. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.






46. 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.






47. 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






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






49. 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.






50. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.







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