SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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
Attorney Work Product
Standing
1st Amendment Free Speech
Corporate Opportunity
2. 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
Prescriptive Easement
Joint Tenancy (Severance)
Statute of Frauds
Deductibility of Restitution
3. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Mutual Mistake
Burglary
Attorney Contact w/ Represented Party
Treasure Trove
4. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Domicile
Oral Agreements (SOF)
1st Amendment Free Speech
5. 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)
Codicil
Defense of Minority
Jgmt on the Pleadings
6. 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.
Estates (Advancement)
Robbery
Corporate Opportunity
Terroristic Threats
7. 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
Treasure Trove
Warranties/Disclaimers
8. 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.
Taxability of Embezzeled Property
Recording Statute
Proper Service of Complaint
Gambling Winnings and Losses
9. 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
Usurpation of Corporate Opportunity (Remedies)
Procedural Due Process
Prescriptive Easement
Liability of Directors (improper distribution)
10. 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
Emancipation
Equitable Division
Unauthorized Practice of Law
Receiving Stolen Property
11. Equity allows for the impression of a constructive trust and an accounting to allow the corporation to receive the benefit of the opportunity and any profits.
Alimony
Anticipatory Repudiation
Usurpation of Corporate Opportunity (Remedies)
Oral Agreements (SOF)
12. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Summary Jugment
ADEA (shifting burdens)
Applicability of Express Warranty
Age Discrimination
13. 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
Proper Service of Complaint
Restrictive Covenant (Enforcement)
CP (Motion for New Trial)
Liquidated Damages
14. 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
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
15. (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
Loss of Consortium
Board of Directors (Voting)
Warranties/Disclaimers
Attorney-Client Communication
16. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.
Destruction of Identified Goods
Specially Manufactured Goods (SOF)
Dying Declaration
Pre-Nuptial Agreements
17. 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
Supression of Evidence
Privacy Rights
Restrictive Covenant (Enforcement)
18. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Fed Tax (Advancement)
Pre-Nuptial Agreements
RPC (Prospective Client)
Unconcionable Contract Provision (UCC)
19. 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
Recklessly Endangering
Corporate Opportunity
Pat Down Search
Americans w/ Disabilites Act
20. 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
Defense of Minority
Liability of Directors (improper distribution)
Fed Tax (Advancement)
Sharehold Derivative Suit
21. 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
Landlord Duties
Standing
Equitable Division
Estates (Intestate)
22. 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.
Standing
Revocation of Acceptance
Estates (Slayer's Act)
Negligence (Malpractice)
23. Occurs when a person takes the property of another with intent to deprive them of it.
Attorney Contact w/ Represented Party
Tenancy by the Entireties
Theft
2nd Degree Murder
24. 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
Terroristic Threats
1st Amendment Free Speech
Lay Opinion Testimony
Kidnapping
25. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Contract Formation
Landlord Duties
Sharehold Derivative Suit
26. 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
Kidnapping
Mutual Mistake
Board of Directors (Voting)
Unauthorized Practice of Law
27. 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
Latent Ambiguity
Marital Property
Ademption
Estates (Intestate)
28. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Sharehold Derivative Suit
Marital Property
Receiving Stolen Property
Conditional Devise
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.
Conditional Devise
Prescriptive Easement (scope)
Dormant Commerce Clause
Unauthorized Practice of Law
30. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Special Warranty Deed
Theft by Deception
Deed (Delivery)
Restrictions on Transferability of Stock
31. 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
Board of Directors (Removal)
4th Amendment Govt Employers
Excited Utterance
Latent Ambiguity
32. Landlord has a duty to maintain stairwell which is a common area in an apartment building. Landlord must have actual knowledge of a dangerous condition and a reasonable time to repair it.
Americans w/ Disabilites Act
Present-sense Impression
Notice for Special Meeting
Landlord Duties
33. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Title VII- Retaliatory Discharge
RPC (Competence)
Board of Directors (Voting)
4th Amendment Search and Seizure
34. 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
Removal to Action to Federal Court
Loss of Consortium
Specially Manufactured Goods (SOF)
Standing
35. 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
Fee Agreements
Damages
Gift of Stock
Constructive Eviction
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
Equitable Division
Tax (Life Insurance Policy Proceeds)
Receiving Stolen Property
1st Amendment Free Speech (Defamation
37. 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
Bequests
Present-sense Impression
Joint Tenancy w/ Right of Survivorship
Impeachment
38. 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
Applicability of Express Warranty
Pat Down Search
1st Amendment Free Association
Gift of Stock
39. 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
ADEA (shifting burdens)
Usurpation of Corporate Opportunity (Remedies)
Gift of Stock
Lay Opinion Testimony
40. 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
Bona Fide Purchaser
1st Amendment Free Speech (Defamation
Pat Down Search
CP (Motion for New Trial)
41. 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
Sharehold Derivative Suit
Kidnapping
1st Amendment Free Speech (Defamation
Restrictive Covenant (Enforcement)
42. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
43. 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
Attorney Contact w/ Represented Party
Corporate Opportunity
Dormant Commerce Clause
Supression of Evidence
44. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Negligence (Malpractice)
4th Amendment Govt Employers
Strict Products Liability
Burglary
45. 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'
Lawyer Advertising
Receipt of Income
Unauthorized Practice of Law
Terroristic Threats
46. 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
Summary Jugment
Title VII- Retaliatory Discharge
1st Degree Murder
Accord and Satisfaction
47. 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
Gift of Stock
Damages
Restrictions on Transferability of Stock
Buyer's duties (rejected goods)
48. 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.
Procedural Due Process
Entrapment
Mitigation of Damages
Robbery
49. 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
Oral Agreements (SOF)
Domicile
Merchants Confirming Memo
3rd Party Beneficiary
50. Liabilities of the disappearing corporation flow to the surviving corporation.
Strict Products Liability
Liability of Claims After Merger
1st Amendment Free Speech
2nd Degree Murder