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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. 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
Equitable Division
Devise of Encumbered Property
Joint Tenancy (Severance)
3rd Party Beneficiary
2. 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
Recording Statute
Receiving Stolen Property
Latent Ambiguity
3. 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
Tax (Life Insurance Policy Proceeds)
Summary Jugment
Attorney Contact w/ Represented Party
4. 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
Unauthorized Practice of Law
Equitable Division
Liability of Claims After Merger
5. 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
Defense of Minority
Treasure Trove
Recklessly Endangering
6. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
CP (Motion for New Trial)
Lay Opinion Testimony
Equitable Division
Duty to Minority Shareholders
7. Property obtained during the course of the marriage is marital property - subject to equitable division.
3rd Party Beneficiary
Duty to Minority Shareholders
Marital Property
1st Amendment Free Speech
8. No petitioner is entitled to receive an award of alimony where the petitioner - subsequent to divorce - has entered into cohabitation with a person of the opposite sex who is not a family member. Cohabitation may be shown by evidence of financial - s
Alimony
Destruction of Identified Goods
RPC (Prospective Client)
Entrapment
9. 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.
Attorney-Client Communication
Fed Tax (Advancement)
Excited Utterance
Contract Formation
10. A completed gift requires intent to make a gift and actual or constructive delivery sufficient to divest the giver of all dominion and invest the recipient therewith. The transfer of the registration of stock ownership on the books of the corporation
CP (New Matter/Answer)
Sharehold Derivative Suit
Gift of Stock
Tax (Life Insurance Policy Proceeds)
11. 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).
Will Requirements
Impeachment
Latent Ambiguity
Criminal Trespass
12. 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
Proper Service of Complaint
Present-sense Impression
Dormant Commerce Clause
Emancipation
13. 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
Buyer's duties (rejected goods)
Dormant Commerce Clause
Codicil
Loss of Consortium
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.
Perjury
Applicability of Express Warranty
Receipt of Income
2nd Degree Murder
15. 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)
Notice for Special Meeting
4th Amendment Search and Seizure
1st Amendment Free Speech
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'
Oral Agreements (SOF)
Statute of Frauds
Gift of Stock
Lawyer Advertising
17. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Restrictions on Transferability of Stock
Specially Manufactured Goods (SOF)
1st Degree Murder
Criminal Trespass
18. 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
Equitable Division
Estates (Slayer's Act)
Strict Products Liability
Revocation of Acceptance
19. An attorney is prohibited from communicating about the subject of the representation with a party the lawyer knows to be represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
Deductibility of Restitution
Recklessly Endangering
Attorney Contact w/ Represented Party
Alimony
20. (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
Landlord Duties
Deductibility of Restitution
1st Amendment Free Association
Jgmt on the Pleadings
21. 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
Implied Warranty Construction Contract
Fed Tax (Advancement)
Dormant Commerce Clause
Usurpation of Corporate Opportunity (Remedies)
22. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Taxability of Sale of Residence
Proper Service of Complaint
CP (Motion for New Trial)
Warranties/Disclaimers
23. Liabilities of the disappearing corporation flow to the surviving corporation.
Hearsay
Liability of Claims After Merger
Pretermitted Spouse
Burglary
24. Conditional devise must be strictly construed and reasonable construction of language must be given in favor of beneficiary. A condition to a devise must be express and not implied.
Conditional Devise
Marital Property
RPC (Competence)
Joint Tenancy w/ Right of Survivorship
25. 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
Oral Agreements (SOF)
1st Amendment Free Speech
Incorporation by Reference
Equitable Division
26. 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
Recording Statute
Burglary
Prescriptive Easement (scope)
27. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Fed Tax (Advancement)
Unauthorized Practice of Law
Simple Assault
Destruction of Identified Goods
28. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Title VII- Retaliatory Discharge
Fair Reporting Privilege
Restrictive Covenant (Enforcement)
1st Amendment Free Speech
29. 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
Latent Ambiguity
Gift of Stock
ADEA (shifting burdens)
30. 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.
Tax (Life Insurance Policy Proceeds)
Removal to Action to Federal Court
Gambling Winnings and Losses
Estates (Intestate)
31. 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.
Tenancy by the Entireties
Specially Manufactured Goods (SOF)
Criminal Conspiracy
Bequests
32. 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.
Pre-Nuptial Agreements
Attorney Work Product
Incorporation by Reference
Corporate Opportunity
33. 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
4th Amendment Govt Employers
Strict Products Liability
Title VII- Retaliatory Discharge
Treasure Trove
34. 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).
Burglary
Fair Reporting Privilege
RPC (Competence)
Joint Tenancy w/ Right of Survivorship
35. An attorney who knowingly assists a non-attorney in the unauthorized practice of law is in violation of PA RPC. An attorney may give a seminar on the law to non-lawyers in conjunction with their employment when such knowledge may be beneficial to the
Joint Tenancy w/ Right of Survivorship
Unauthorized Practice of Law
Burglary
Summary Jugment
36. 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
Receiving Stolen Property
Board of Directors (Voting)
Mutual Mistake
Dormant Commerce Clause
37. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Liability of Directors (improper distribution)
Privacy Rights
Theft
Criminal Conspiracy
38. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Attorney Work Product
Fee Agreements
Entrapment
Perjury
39. 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.
Implied Warranty Construction Contract
Jgmt on the Pleadings
Board of Directors (Removal)
Special Warranty Deed
40. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Duty to Minority Shareholders
Bona Fide Purchaser
Restrictions on Transferability of Stock
Receiving Stolen Property
41. 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
Simple Assault
Restrictive Covenant (Enforcement)
Tax (Life Insurance Policy Proceeds)
4th Amendment Search and Seizure
42. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Attorney Work Product
Fair Reporting Privilege
Entrapment
43. 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
Special Warranty Deed
Gambling Winnings and Losses
Deductibility of Restitution
Attorney Work Product
44. 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.
1st Amendment Free Speech (Defamation
Forgery
Joint Tenancy (Severance)
Retraint on Alienation
45. 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.
Treasure Trove
Tax (Life Insurance Policy Proceeds)
Estates (Advancement)
Marital Property
46. 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.
CP (Motion for New Trial)
Simple Assault
Contract Formation
Board of Directors (Voting)
47. 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
Special Warranty Deed
Bequests
Recklessly Endangering
Bona Fide Purchaser
48. 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
Mutual Mistake
Gift of Stock
Sharehold Derivative Suit
Anticipatory Repudiation
49. 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.
Applicability of Express Warranty
Deed (Delivery)
Estates (Intestate)
4th Amendment Govt Employers
50. 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
Unconcionable Contract Provision (UCC)
1st Amendment Free Speech (Defamation
Prescriptive Easement (scope)
Defense of Minority