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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 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
Bequests
Negligence (Malpractice)
2nd Degree Murder
Equitable Division
2. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Duty to Minority Shareholders
Taxability of Sale of Residence
Perjury
3. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Theft by Deception
Liability of Directors (improper distribution)
Estates (Intestate)
RPC (Competence)
4. 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
Treasure Trove
Defense of Minority
Theft
Bona Fide Purchaser
5. 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
Representing Multiple Parties
Prescriptive Easement (scope)
Title VII- Retaliatory Discharge
6. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Strict Products Liability
Gambling Winnings and Losses
1st Amendment Free Speech (Defamation
Unconcionable Contract Provision (UCC)
7. 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
Taxability of Sale of Residence
Special Warranty Deed
Sharehold Derivative Suit
Constructive Eviction
8. 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
Gambling Winnings and Losses
Attorney Contact w/ Represented Party
Bequests
Pre-Nuptial Agreements
9. 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.
3rd Party Beneficiary
Estates (Slayer's Act)
Theft
Estates (Advancement)
10. 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
Merchants Confirming Memo
Strict Products Liability
Pre-Nuptial Agreements
11. 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
Supression of Evidence
Estates (Intestate)
Burglary
Ademption
12. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Ademption
Latent Ambiguity
1st Amendment Free Association
Fee Agreements
13. Occurs when a person takes the property of another with intent to deprive them of it.
Treasure Trove
Pretermitted Spouse
Theft
1st Amendment Free Speech (Defamation
14. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Special Warranty Deed
Theft
Receiving Stolen Property
Criminal Conspiracy
15. 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
1st Amendment Free Association
Theft
Title VII- Retaliatory Discharge
Codicil
16. 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
Defense of Minority
CP (Motion for New Trial)
Anticipatory Repudiation
17. 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
1st Degree Murder
Deductibility of Restitution
CP (New Matter/Answer)
18. 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.
Joint Tenancy (Severance)
Taxability of Embezzeled Property
Defense of Minority
Proper Service of Complaint
19. 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
Restrictive Covenant (Enforcement)
Unauthorized Practice of Law
Recording Statute
Devise of Encumbered Property
20. 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.
Retraint on Alienation
Equitable Division
Entrapment
Robbery
21. 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
Strict Products Liability
Alimony
Damages
1st Amendment Free Speech (Defamation
22. 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.
Marital Property
Special Warranty Deed
Pretermitted Spouse
Alimony
23. 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.
Prescriptive Easement (scope)
Domicile
Burglary
Perjury
24. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Usurpation of Corporate Opportunity (Remedies)
Restrictions on Transferability of Stock
4th Amendment Govt Employers
Anticipatory Repudiation
25. Income from gambling constitutes gross taxable income - while losses may be deducted.
Theft by Deception
Gambling Winnings and Losses
Unconcionable Contract Provision (UCC)
Title VII- Retaliatory Discharge
26. 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.
Present-sense Impression
Attorney-Client Communication
RPC (Prospective Client)
Privacy Rights
27. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Perjury
Receiving Stolen Property
Title VII- Retaliatory Discharge
Joint Tenancy w/ Right of Survivorship
28. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Tenancy by the Entireties
Pre-Nuptial Agreements
Summary Jugment
Entrapment
29. 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.
1st Degree Murder
Pat Down Search
Restrictive Covenant (Enforcement)
Destruction of Identified Goods
30. 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
Criminal Trespass
Marital Property
Procedural Due Process
Warranties/Disclaimers
31. 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.
Excited Utterance
Estates (Slayer's Act)
Conditional Devise
1st Degree Murder
32. Standing requires an injury to P fairly traceable to the Ds conduct. An organization may have standing to sue on behalf of its members if the members would have standing - the interests it seeks to protect are germane to its purpose - and neither the
4th Amendment Govt Employers
Pretermitted Spouse
Standing
Attorney-Client Communication
33. 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)
1st Amendment Free Speech
4th Amendment Govt Employers
Specially Manufactured Goods (SOF)
34. 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
Fed Tax (Advancement)
Theft
Sharehold Derivative Suit
Estates (Advancement)
35. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Receiving Stolen Property
Merchants Confirming Memo
Recklessly Endangering
Latent Ambiguity
36. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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37. 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.
Restrictions on Transferability of Stock
Incorporation by Reference
Supression of Evidence
Latent Ambiguity
38. 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.
Damages
Notice for Special Meeting
Will Requirements
Tax (Life Insurance Policy Proceeds)
39. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Receiving Stolen Property
Warranties/Disclaimers
Pat Down Search
Marital Property
40. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Estates (Advancement)
Pretermitted Spouse
Liability of Directors (improper distribution)
41. 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.
Joint Tenancy w/ Right of Survivorship
Representing Multiple Parties
Summary Jugment
Removal to Action to Federal Court
42. 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
Fed Tax (Advancement)
Tenancy by the Entireties
Criminal Trespass
Deed (Delivery)
43. 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.
Age Discrimination
Revocation of Acceptance
ADEA (shifting burdens)
2nd Degree Murder
44. 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.
Board of Directors (Removal)
Constructive Eviction
Estates (Advancement)
CP (Motion for New Trial)
45. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Dormant Commerce Clause
Attorney Contact w/ Represented Party
Prescriptive Easement
Taxability of Sale of Residence
46. 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.
Estates (Slayer's Act)
4th Amendment Govt Employers
RPC (Prospective Client)
Oral Agreements (SOF)
47. 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
Alimony
Restrictions on Transferability of Stock
Board of Directors (Removal)
Deed (Delivery)
48. Property obtained during the course of the marriage is marital property - subject to equitable division.
Equitable Division
Taxability of Sale of Residence
Marital Property
Privacy Rights
49. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Joint Tenancy (Severance)
Fair Reporting Privilege
Liability of Directors (improper distribution)
Latent Ambiguity
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.
Representing Multiple Parties
Deductibility of Restitution
Receiving Stolen Property
Title VII- Retaliatory Discharge