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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. 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).
Joint Tenancy w/ Right of Survivorship
Taxability of Embezzeled Property
RPC (Competence)
Incorporation by Reference
2. 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
Dormant Commerce Clause
Loss of Consortium
1st Degree Murder
Alimony
3. 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.
Applicability of Express Warranty
Dying Declaration
Deed (Delivery)
Perjury
4. Liabilities of the disappearing corporation flow to the surviving corporation.
Bona Fide Purchaser
Supression of Evidence
Mitigation of Damages
Liability of Claims After Merger
5. 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.
Hearsay
Receipt of Income
Perjury
Treasure Trove
6. Occurs when a person takes the property of another with intent to deprive them of it.
Gambling Winnings and Losses
ADEA (shifting burdens)
Theft
Landlord Duties
7. 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.
Summary Jugment
Taxability of Embezzeled Property
Attorney Work Product
Statute of Frauds
8. 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
Dormant Commerce Clause
Unauthorized Practice of Law
Mitigation of Damages
Prescriptive Easement
9. 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.
Statute of Frauds
Criminal Trespass
Present-sense Impression
Simple Assault
10. 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).
Restrictions on Transferability of Stock
1st Degree Murder
Impeachment
Devise of Encumbered Property
11. 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
Incorporation by Reference
1st Amendment Free Association
Hearsay
3rd Party Beneficiary
12. 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.
Strict Products Liability
Implied Warranty Construction Contract
Latent Ambiguity
Proper Service of Complaint
13. Income from gambling constitutes gross taxable income - while losses may be deducted.
Conditional Devise
Revocation of Acceptance
Gambling Winnings and Losses
Mutual Mistake
14. 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.
Damages
Theft
Pretermitted Spouse
Equitable Division
15. 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
Theft by Deception
Privacy Rights
Simple Assault
Bona Fide Purchaser
16. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
Standing
Criminal Trespass
Kidnapping
17. 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
Procedural Due Process
4th Amendment Search and Seizure
Removal to Action to Federal Court
Warranties/Disclaimers
18. 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
Dormant Commerce Clause
Summary Jugment
4th Amendment Govt Employers
1st Amendment Free Speech
19. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Recklessly Endangering
Kidnapping
RPC (Prospective Client)
Jgmt on the Pleadings
20. Requires physical presence together with an intent to establish.
Alimony
Domicile
Jgmt on the Pleadings
Dormant Commerce Clause
21. 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.
Lawyer Advertising
Will Requirements
Domicile
Restrictive Covenant (Enforcement)
22. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Alimony
Statute of Frauds
Protection From Abuse Order
23. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Revocation of Acceptance
Gift of Stock
Board of Directors (Voting)
24. 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.
Liability of Directors (improper distribution)
Conditional Devise
Corporate Opportunity
CP (Motion for New Trial)
25. 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.
Marital Property
Lawyer Advertising
Contract Formation
Loss of Consortium
26. 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
Special Warranty Deed
Bequests
Gift of Stock
Landlord Duties
27. 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.
RPC (Prospective Client)
Anticipatory Repudiation
Recording Statute
Liability of Claims After Merger
28. 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
Damages
Recording Statute
Alimony
3rd Party Beneficiary
29. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Domicile
Criminal Conspiracy
Fed Tax (Advancement)
Defense of Minority
30. 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
Gambling Winnings and Losses
Criminal Trespass
Notice for Special Meeting
Incorporation by Reference
31. At the time he was terminated - P was within the class protected by the ADEA - he was otherwise qualified for his job - he was discharged by D - and D employed a substantially younger person for his position.
Age Discrimination
1st Amendment Free Association
Procedural Due Process
Emancipation
32. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Destruction of Identified Goods
Theft
1st Amendment Free Speech
Merchants Confirming Memo
33. 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.
Special Warranty Deed
Simple Assault
Board of Directors (Voting)
Present-sense Impression
34. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Jgmt on the Pleadings
Title VII- Retaliatory Discharge
Sharehold Derivative Suit
Americans w/ Disabilites Act
35. 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.
Summary Jugment
Latent Ambiguity
Fed Tax (Advancement)
Criminal Trespass
36. 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
Estates (Intestate)
Estates (Slayer's Act)
Unconcionable Contract Provision (UCC)
37. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Receiving Stolen Property
Simple Assault
3rd Party Beneficiary
Dying Declaration
38. 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
2nd Degree Murder
Special Warranty Deed
ADEA (shifting burdens)
RPC (Prospective Client)
39. 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'
Landlord Duties
Lawyer Advertising
Estates (Advancement)
Privacy Rights
40. 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
Taxability of Sale of Residence
Lay Opinion Testimony
Conditional Devise
Attorney Contact w/ Represented Party
41. 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
Damages
Corporate Opportunity
Emancipation
42. 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
Gambling Winnings and Losses
RPC (Competence)
Liability of Directors (improper distribution)
43. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Restrictions on Transferability of Stock
Specially Manufactured Goods (SOF)
Prescriptive Easement (scope)
44. 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
Landlord Duties
Will Requirements
Joint Tenancy (Severance)
Taxability of Sale of Residence
45. Where a contract for the sale of goods presupposes the continued existence of identified goods and the goods are totally destroyed throgh no fault of the parties while the risk of loss remained with the seller - the contract is avoided.
Contract Formation
Impeachment
Destruction of Identified Goods
Perjury
46. 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.
Estates (Slayer's Act)
Excited Utterance
Pat Down Search
2nd Degree Murder
47. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Incorporation by Reference
Conditional Devise
Sharehold Derivative Suit
48. 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
1st Amendment Free Speech
Tax (Life Insurance Policy Proceeds)
Treasure Trove
3rd Party Beneficiary
49. When a complaint is filed after the expiration of the 2 yr. SOL - the SOL should be raised as an affirmative defense in a responsive pleading under a heading of 'New Matter'.
Entrapment
Incorporation by Reference
CP (New Matter/Answer)
Estates (Slayer's Act)
50. Attorney should analyze for potential conflict of interest. Attorney should advise clients of potential conflicts and obtain their informed consent. Once a direct conflict arises - the attorney should withdraw.
Present-sense Impression
Hearsay
Age Discrimination
Representing Multiple Parties