Test your basic knowledge |

PA Bar Exam

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. 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'.






2. 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






3. 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






4. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.






5. 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






6. 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.






7. 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






8. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






9. 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






10. 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






11. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.






12. 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.






13. 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.






14. 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






15. Offense occurs if a person without license or privilege by force enters an occupied structure of another.






16. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.






17. 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






18. 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






19. 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.






20. 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


21. 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






22. 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.






23. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.






24. 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).






25. 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






26. 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






27. Directors generally serve at the will of the shareholders and can be removed by the shareholders with or without cause. Directors may only be removed by the direcors for cause under limited circumstances.






28. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'






29. Requires only proof that a product was sold in a defective condition unreasonably dangerous to the user or consumer - and that the defect was the proximate cause of P's injury. Defective condition includes the lack of adequate warnings or instruction






30. 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






31. Occurs when a person takes the property of another with intent to deprive them of it.






32. 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.






33. (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






34. 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.






35. 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.






36. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed






37. 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






38. 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






39. 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.






40. 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.






41. 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.






42. 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






43. 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.






44. 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






45. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.






46. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.






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






48. 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






49. 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






50. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.