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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. 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
Latent Ambiguity
Americans w/ Disabilites Act
Robbery
2. 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
Landlord Duties
Retraint on Alienation
Summary Jugment
3. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Taxability of Sale of Residence
1st Amendment Free Association
RPC (Competence)
Title VII- Retaliatory Discharge
4. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Treasure Trove
Duty to Minority Shareholders
Present-sense Impression
5. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Robbery
Lawyer Advertising
Criminal Conspiracy
1st Amendment Free Speech
6. 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.
4th Amendment Govt Employers
Jgmt on the Pleadings
Present-sense Impression
Deductibility of Restitution
7. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Perjury
Prescriptive Easement
Joint Tenancy (Severance)
Pre-Nuptial Agreements
8. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Incorporation by Reference
ADEA (shifting burdens)
Perjury
Tenancy by the Entireties
9. 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
Corporate Opportunity
Specially Manufactured Goods (SOF)
Sharehold Derivative Suit
Liquidated Damages
10. Income from gambling constitutes gross taxable income - while losses may be deducted.
Title VII- Retaliatory Discharge
Gambling Winnings and Losses
Duty to Minority Shareholders
Americans w/ Disabilites Act
11. 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.
Protection From Abuse Order
1st Amendment Free Speech
Pre-Nuptial Agreements
Conditional Devise
12. 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
Estates (Advancement)
Warranties/Disclaimers
Statute of Frauds
13. A deed containing the phrase 'will warrant specially the property hereby conveyed' will be construed to be a special warranty deed. A deed of special warranty obligates a grantor to defend title only against those claiming superior title by - under o
Statute of Frauds
Lay Opinion Testimony
Hearsay
Special Warranty Deed
14. 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.
Joint Tenancy (Severance)
Retraint on Alienation
Latent Ambiguity
Theft
15. 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.
Board of Directors (Removal)
1st Amendment Free Association
Entrapment
Devise of Encumbered Property
16. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
1st Amendment Free Speech (Defamation
Recklessly Endangering
Privacy Rights
Impeachment
17. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Specially Manufactured Goods (SOF)
Mutual Mistake
1st Amendment Free Speech
Attorney Work Product
18. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Summary Jugment
Protection From Abuse Order
Liquidated Damages
19. Cash basis taxpayers report income when received or under the dominion and control of the taxpayer. Dividends are included in gross income. Receipt of a gift is not income.
Liability of Claims After Merger
Domicile
1st Degree Murder
Receipt of Income
20. 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
Ademption
Restrictive Covenant (Enforcement)
Specially Manufactured Goods (SOF)
Robbery
21. 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
Restrictions on Transferability of Stock
Theft
Defense of Minority
Dying Declaration
22. Party injured as a result of breach of contract is required to use ordinary care and diligence to minimize losses. Amount recoverable by injured party is reduced by avoidable losses.
Mitigation of Damages
Terroristic Threats
Will Requirements
Latent Ambiguity
23. 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
Bequests
Implied Warranty Construction Contract
Fed Tax (Advancement)
Damages
24. 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
25. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Mutual Mistake
Ademption
Dying Declaration
Title VII- Retaliatory Discharge
26. 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
3rd Party Beneficiary
Sharehold Derivative Suit
Attorney Work Product
Gambling Winnings and Losses
27. Requires physical presence together with an intent to establish.
Restrictive Covenant (Enforcement)
Estates (Intestate)
ADEA (shifting burdens)
Domicile
28. 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.
Treasure Trove
Criminal Trespass
Accord and Satisfaction
Landlord Duties
29. 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.
Codicil
Protection From Abuse Order
Oral Agreements (SOF)
Mitigation of Damages
30. 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
Excited Utterance
CP (New Matter/Answer)
Kidnapping
Recklessly Endangering
31. 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
Entrapment
Negligence (Malpractice)
Excited Utterance
Pre-Nuptial Agreements
32. 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.
Destruction of Identified Goods
Conditional Devise
Pretermitted Spouse
Fair Reporting Privilege
33. 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.
Accord and Satisfaction
Estates (Intestate)
Bequests
Robbery
34. 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
CP (Motion for New Trial)
Taxability of Sale of Residence
Accord and Satisfaction
Notice for Special Meeting
35. 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
Damages
Procedural Due Process
Robbery
Protection From Abuse Order
36. 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
Theft by Deception
1st Amendment Free Association
Marital Property
Burglary
37. 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.
Statute of Frauds
Oral Agreements (SOF)
Anticipatory Repudiation
Tenancy by the Entireties
38. 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.
Theft by Deception
1st Amendment Free Speech
1st Amendment Free Speech (Defamation
Revocation of Acceptance
39. 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
Summary Jugment
Constructive Eviction
Dormant Commerce Clause
Negligence (Malpractice)
40. (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
Statute of Frauds
Emancipation
Criminal Conspiracy
Attorney-Client Communication
41. 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.
4th Amendment Govt Employers
Lay Opinion Testimony
Proper Service of Complaint
Taxability of Embezzeled Property
42. 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)
Taxability of Embezzeled Property
Board of Directors (Removal)
Sharehold Derivative Suit
43. 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.
Liability of Directors (improper distribution)
Anticipatory Repudiation
Summary Jugment
Codicil
44. 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
Unauthorized Practice of Law
Equitable Division
Restrictions on Transferability of Stock
2nd Degree Murder
45. Embezzeled funds and property are considered income in the year taken without permission into exclusive control and with no agreement with the victim to make any restitution.
Domicile
Recklessly Endangering
Taxability of Embezzeled Property
Destruction of Identified Goods
46. 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
Prescriptive Easement
Oral Agreements (SOF)
Ademption
Sharehold Derivative Suit
47. (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
Fee Agreements
Jgmt on the Pleadings
Lay Opinion Testimony
Restrictions on Transferability of Stock
48. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Equitable Division
Dying Declaration
Oral Agreements (SOF)
49. With the intent to defraud or injure or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone the actor alters any writing of another without his authority or utters any writing he knows to be forged.
Forgery
Deed (Delivery)
Kidnapping
Emancipation
50. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Impeachment
Lay Opinion Testimony
Representing Multiple Parties