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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. 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






2. 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






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






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






5. 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.






6. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.






7. The moving party must demonstrate that there is no genuine issue material fact and that the moving party is entitled to judgment as a matter of law.






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






9. 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.






10. 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.'






11. 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






12. 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).






13. 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






14. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.






15. To establish legal malpractice - client must establish: 1) employment of the attorney or other basis for a duty - 2) the failure of the attorney to exercise ordinary skill and knowledge - and 3) that such negligence was the proximate cause of damage






16. 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.






17. 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






18. 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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19. 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






20. 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.






21. 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






22. 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






23. 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.






24. 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






25. 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






26. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.






27. 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






28. 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






29. 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






30. 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.






31. 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'






32. Use of force to aid in escape after committing a theft constitutes robbery.






33. 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






34. 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.






35. 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.






36. Prospective clients who do not become actual clients are entitled to certain A/C privileges. Normally an attorney cannot represent a new client with a conflict against a prior prospective client if the lawyer received information in the consultation






37. 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.






38. 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'.






39. 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.






40. 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.






41. 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.






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






43. 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






44. Property obtained during the course of the marriage is marital property - subject to equitable division.






45. 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.






46. 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.

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47. 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.






48. (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






49. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.






50. 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).