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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.
Landlord Duties
Merchants Confirming Memo
Damages
Simple Assault
2. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
Impeachment
Mutual Mistake
Mitigation of Damages
Latent Ambiguity
3. 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
4th Amendment Search and Seizure
Taxability of Sale of Residence
Theft
Special Warranty Deed
4. 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.
Fair Reporting Privilege
Revocation of Acceptance
Latent Ambiguity
Duty to Minority Shareholders
5. 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).
Impeachment
Perjury
Board of Directors (Removal)
Proper Service of Complaint
6. 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
Buyer's duties (rejected goods)
Unauthorized Practice of Law
Terroristic Threats
Emancipation
7. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Kidnapping
Theft by Deception
Recording Statute
Receipt of Income
8. 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.
Prescriptive Easement
Estates (Advancement)
Board of Directors (Voting)
RPC (Prospective Client)
9. 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.'
Protection From Abuse Order
Conditional Devise
CP (Motion for New Trial)
Mitigation of Damages
10. 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
Merchants Confirming Memo
Attorney Work Product
Anticipatory Repudiation
Jgmt on the Pleadings
11. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Alimony
Estates (Intestate)
Deductibility of Restitution
12. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
Retraint on Alienation
Unauthorized Practice of Law
Estates (Advancement)
Gift of Stock
13. Income from gambling constitutes gross taxable income - while losses may be deducted.
ADEA (shifting burdens)
Proper Service of Complaint
Title VII- Retaliatory Discharge
Gambling Winnings and Losses
14. 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
Board of Directors (Voting)
4th Amendment Search and Seizure
Merchants Confirming Memo
Unconcionable Contract Provision (UCC)
15. 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.
Unconcionable Contract Provision (UCC)
Equitable Division
Applicability of Express Warranty
Retraint on Alienation
16. 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
Domicile
Negligence (Malpractice)
Landlord Duties
Strict Products Liability
17. 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
Special Warranty Deed
Procedural Due Process
Attorney Work Product
18. 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
Negligence (Malpractice)
Procedural Due Process
Estates (Intestate)
Dormant Commerce Clause
19. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Sharehold Derivative Suit
Warranties/Disclaimers
Present-sense Impression
Mitigation of Damages
20. 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
Protection From Abuse Order
Pretermitted Spouse
Receipt of Income
21. 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.
Simple Assault
Removal to Action to Federal Court
Board of Directors (Removal)
Pretermitted Spouse
22. 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
Accord and Satisfaction
Gift of Stock
Equitable Division
Anticipatory Repudiation
23. 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
Prescriptive Easement (scope)
Jgmt on the Pleadings
Incorporation by Reference
Deed (Delivery)
24. 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
Privacy Rights
Attorney Work Product
Dying Declaration
Unconcionable Contract Provision (UCC)
25. 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
Taxability of Embezzeled Property
4th Amendment Search and Seizure
RPC (Prospective Client)
Alimony
26. 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
Damages
Oral Agreements (SOF)
Theft
Receipt of Income
27. 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.
Devise of Encumbered Property
Liability of Claims After Merger
4th Amendment Search and Seizure
Damages
28. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Board of Directors (Voting)
Will Requirements
4th Amendment Search and Seizure
Recording Statute
29. 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.
Removal to Action to Federal Court
Prescriptive Easement (scope)
Lawyer Advertising
Lay Opinion Testimony
30. 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
Attorney Work Product
1st Amendment Free Speech (Defamation
Incorporation by Reference
1st Amendment Free Speech
31. 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.
Receiving Stolen Property
Attorney Work Product
Revocation of Acceptance
Implied Warranty Construction Contract
32. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
1st Degree Murder
Robbery
Liability of Claims After Merger
33. 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.
Attorney Work Product
Removal to Action to Federal Court
Latent Ambiguity
Fed Tax (Advancement)
34. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Notice for Special Meeting
Bequests
Corporate Opportunity
35. 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.
Specially Manufactured Goods (SOF)
Jgmt on the Pleadings
Board of Directors (Voting)
Oral Agreements (SOF)
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
Criminal Conspiracy
Tax (Life Insurance Policy Proceeds)
Accord and Satisfaction
RPC (Prospective Client)
37. 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
Loss of Consortium
Special Warranty Deed
Restrictive Covenant (Enforcement)
Lay Opinion Testimony
38. 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
Statute of Frauds
Ademption
Entrapment
4th Amendment Search and Seizure
39. 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.
Board of Directors (Voting)
Summary Jugment
Bequests
Estates (Advancement)
40. 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
Liability of Claims After Merger
Notice for Special Meeting
Criminal Trespass
Supression of Evidence
41. 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.
Codicil
Landlord Duties
Receipt of Income
Receiving Stolen Property
42. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Estates (Slayer's Act)
Burglary
Supression of Evidence
Oral Agreements (SOF)
43. 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).
Latent Ambiguity
Joint Tenancy w/ Right of Survivorship
Joint Tenancy (Severance)
Conditional Devise
44. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
2nd Degree Murder
Representing Multiple Parties
Lay Opinion Testimony
Americans w/ Disabilites Act
45. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Fed Tax (Advancement)
Perjury
1st Amendment Free Speech (Defamation
Receiving Stolen Property
46. 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
Forgery
CP (New Matter/Answer)
Procedural Due Process
47. 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
Destruction of Identified Goods
Emancipation
Codicil
Standing
48. 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.
Pretermitted Spouse
Fee Agreements
Mitigation of Damages
Implied Warranty Construction Contract
49. 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
Sharehold Derivative Suit
Damages
Restrictions on Transferability of Stock
Notice for Special Meeting
50. 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
Contract Formation
Prescriptive Easement (scope)
Recording Statute