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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) 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
Jgmt on the Pleadings
Bequests
Attorney-Client Communication
Equitable Division
2. Use of force to aid in escape after committing a theft constitutes robbery.
Receiving Stolen Property
Impeachment
Defense of Minority
Robbery
3. 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
Alimony
Defense of Minority
Domicile
4. 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
Americans w/ Disabilites Act
Landlord Duties
Lay Opinion Testimony
5. 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.
Attorney Contact w/ Represented Party
Fair Reporting Privilege
Emancipation
Domicile
6. 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.
Loss of Consortium
Liquidated Damages
Tax (Life Insurance Policy Proceeds)
2nd Degree Murder
7. 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.
Recording Statute
Duty to Minority Shareholders
Equitable Division
Dying Declaration
8. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Robbery
RPC (Competence)
Excited Utterance
Representing Multiple Parties
9. 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
Receiving Stolen Property
Accord and Satisfaction
Constructive Eviction
Prescriptive Easement
10. 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
4th Amendment Govt Employers
Taxability of Sale of Residence
Gambling Winnings and Losses
11. 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
Pre-Nuptial Agreements
Restrictive Covenant (Enforcement)
Bequests
Anticipatory Repudiation
12. 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
Dormant Commerce Clause
3rd Party Beneficiary
Applicability of Express Warranty
Standing
13. 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
Gambling Winnings and Losses
Attorney Work Product
Board of Directors (Voting)
14. 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.
Alimony
Excited Utterance
Marital Property
Supression of Evidence
15. 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.
Latent Ambiguity
Equitable Division
Restrictive Covenant (Enforcement)
Estates (Intestate)
16. 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.
Corporate Opportunity
Mitigation of Damages
CP (Motion for New Trial)
Oral Agreements (SOF)
17. 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.
Prescriptive Easement
Contract Formation
Damages
Fed Tax (Advancement)
18. 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
Theft by Deception
Codicil
Estates (Intestate)
Liability of Claims After Merger
19. 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.
Estates (Intestate)
Ademption
Liquidated Damages
Warranties/Disclaimers
20. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Tenancy by the Entireties
Unconcionable Contract Provision (UCC)
Warranties/Disclaimers
4th Amendment Search and Seizure
21. 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
22. 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
Taxability of Embezzeled Property
Supression of Evidence
Theft by Deception
Privacy Rights
23. 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
Estates (Slayer's Act)
Defense of Minority
Recording Statute
Pre-Nuptial Agreements
24. 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
Incorporation by Reference
CP (New Matter/Answer)
Taxability of Sale of Residence
Ademption
25. 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
Tax (Life Insurance Policy Proceeds)
Taxability of Sale of Residence
Warranties/Disclaimers
26. (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
Attorney-Client Communication
Attorney Work Product
Fair Reporting Privilege
Oral Agreements (SOF)
27. 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.
Tenancy by the Entireties
Joint Tenancy w/ Right of Survivorship
Latent Ambiguity
Duty to Minority Shareholders
28. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Oral Agreements (SOF)
Theft
Pat Down Search
Accord and Satisfaction
29. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
ADEA (shifting burdens)
Latent Ambiguity
Excited Utterance
30. 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
Deed (Delivery)
Alimony
Equitable Division
Domicile
31. Restitution made is generally deductible in the year made.
Joint Tenancy (Severance)
Deductibility of Restitution
Present-sense Impression
Jgmt on the Pleadings
32. 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
Receiving Stolen Property
Sharehold Derivative Suit
Duty to Minority Shareholders
33. 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.
Estates (Slayer's Act)
Deed (Delivery)
Removal to Action to Federal Court
Specially Manufactured Goods (SOF)
34. 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
Incorporation by Reference
Terroristic Threats
3rd Party Beneficiary
35. A direct or indirect threat to commit a crime with intent to terrorize.
Attorney Contact w/ Represented Party
1st Amendment Free Speech (Defamation
Terroristic Threats
4th Amendment Search and Seizure
36. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Alimony
Estates (Advancement)
Recording Statute
37. 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
Landlord Duties
Liability of Claims After Merger
Latent Ambiguity
1st Amendment Free Speech (Defamation
38. Property obtained during the course of the marriage is marital property - subject to equitable division.
Liability of Claims After Merger
Taxability of Sale of Residence
Marital Property
Liability of Directors (improper distribution)
39. Liabilities of the disappearing corporation flow to the surviving corporation.
Codicil
Buyer's duties (rejected goods)
Liability of Claims After Merger
Receipt of Income
40. 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
Theft by Deception
Tax (Life Insurance Policy Proceeds)
Domicile
Gift of Stock
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
Estates (Advancement)
Protection From Abuse Order
4th Amendment Govt Employers
42. 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).
Codicil
Impeachment
1st Amendment Free Speech
Representing Multiple Parties
43. 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.
Estates (Intestate)
Usurpation of Corporate Opportunity (Remedies)
Pretermitted Spouse
3rd Party Beneficiary
44. 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'.
Lay Opinion Testimony
Equitable Division
Protection From Abuse Order
CP (New Matter/Answer)
45. 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.
1st Amendment Free Speech
Implied Warranty Construction Contract
Liability of Claims After Merger
Perjury
46. 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.
Gambling Winnings and Losses
Gift of Stock
Applicability of Express Warranty
Landlord Duties
47. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Special Warranty Deed
Will Requirements
Supression of Evidence
48. 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
Accord and Satisfaction
CP (Motion for New Trial)
Prescriptive Easement
Dormant Commerce Clause
49. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Liability of Claims After Merger
Criminal Conspiracy
RPC (Competence)
1st Degree Murder
50. 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.
Contract Formation
Representing Multiple Parties
Present-sense Impression
Mitigation of Damages