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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. 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.
Criminal Trespass
Liquidated Damages
4th Amendment Search and Seizure
Prescriptive Easement (scope)
2. (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
Marital Property
Fee Agreements
Jgmt on the Pleadings
Unauthorized Practice of Law
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).
Removal to Action to Federal Court
Treasure Trove
Pre-Nuptial Agreements
Retraint on Alienation
4. 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
Taxability of Sale of Residence
Recording Statute
Summary Jugment
Bequests
5. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Lay Opinion Testimony
Warranties/Disclaimers
Standing
RPC (Competence)
6. 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
Revocation of Acceptance
Title VII- Retaliatory Discharge
Devise of Encumbered Property
1st Amendment Free Speech (Defamation
7. 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
Pat Down Search
Joint Tenancy (Severance)
Treasure Trove
Liquidated Damages
8. 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.
Simple Assault
Entrapment
Recklessly Endangering
Gift of Stock
9. 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
Recording Statute
Removal to Action to Federal Court
Anticipatory Repudiation
Restrictions on Transferability of Stock
10. 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).
Codicil
Conditional Devise
Joint Tenancy w/ Right of Survivorship
Terroristic Threats
11. 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)
Protection From Abuse Order
Board of Directors (Voting)
Specially Manufactured Goods (SOF)
12. 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
Lay Opinion Testimony
Buyer's duties (rejected goods)
Board of Directors (Removal)
13. 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
Joint Tenancy w/ Right of Survivorship
Gift of Stock
Board of Directors (Voting)
Impeachment
14. 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.
Estates (Intestate)
Implied Warranty Construction Contract
Codicil
Board of Directors (Removal)
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
Attorney-Client Communication
Impeachment
Dying Declaration
1st Amendment Free Speech (Defamation
16. 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.
Contract Formation
Estates (Intestate)
Revocation of Acceptance
Criminal Trespass
17. 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
Incorporation by Reference
Ademption
Protection From Abuse Order
Merchants Confirming Memo
18. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Board of Directors (Removal)
Sharehold Derivative Suit
Simple Assault
Accord and Satisfaction
19. 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
Retraint on Alienation
Applicability of Express Warranty
Constructive Eviction
Receiving Stolen Property
20. Marital misconduct may not be considered at an equitable division hearing. The Court should consider the parties' income as one factor in determining equitable property division.
Forgery
Robbery
Equitable Division
Lawyer Advertising
21. 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.
Domicile
Attorney Contact w/ Represented Party
Perjury
Latent Ambiguity
22. 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.
Merchants Confirming Memo
Statute of Frauds
Notice for Special Meeting
2nd Degree Murder
23. 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.
Privacy Rights
Fair Reporting Privilege
Mitigation of Damages
Unauthorized Practice of Law
24. 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
Deductibility of Restitution
Bequests
Gambling Winnings and Losses
25. 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
Prescriptive Easement (scope)
Joint Tenancy w/ Right of Survivorship
Damages
Landlord Duties
26. 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
4th Amendment Search and Seizure
Removal to Action to Federal Court
Emancipation
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.
Latent Ambiguity
Constructive Eviction
Estates (Slayer's Act)
Proper Service of Complaint
28. Distributions may be authorized by directors with certain limitations such as the equity insolvency test and balance sheet test. Directors owe a duty of care and loyalty to the corporation that they serve. Directors who vote for an improper distribut
Bequests
Prescriptive Easement
Estates (Slayer's Act)
Liability of Directors (improper distribution)
29. 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
Merchants Confirming Memo
3rd Party Beneficiary
Duty to Minority Shareholders
Title VII- Retaliatory Discharge
30. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Simple Assault
Title VII- Retaliatory Discharge
Domicile
Theft
31. 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
Prescriptive Easement
Attorney Work Product
Unconcionable Contract Provision (UCC)
Unauthorized Practice of Law
32. 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.
Tenancy by the Entireties
Fair Reporting Privilege
Lay Opinion Testimony
Statute of Frauds
33. 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.
Strict Products Liability
Negligence (Malpractice)
Will Requirements
Summary Jugment
34. 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
Deductibility of Restitution
Equitable Division
Summary Jugment
Unconcionable Contract Provision (UCC)
35. 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
Mutual Mistake
4th Amendment Search and Seizure
Gift of Stock
Excited Utterance
36. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Board of Directors (Voting)
Equitable Division
Liability of Claims After Merger
Criminal Conspiracy
37. 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)
Standing
Proper Service of Complaint
Taxability of Sale of Residence
38. 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
Marital Property
Special Warranty Deed
Deed (Delivery)
Joint Tenancy w/ Right of Survivorship
39. 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.'
Protection From Abuse Order
Defense of Minority
2nd Degree Murder
Usurpation of Corporate Opportunity (Remedies)
40. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Supression of Evidence
Fair Reporting Privilege
Equitable Division
41. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Marital Property
Jgmt on the Pleadings
Attorney Contact w/ Represented Party
42. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Standing
Special Warranty Deed
Supression of Evidence
Unconcionable Contract Provision (UCC)
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
Theft by Deception
Privacy Rights
Dormant Commerce Clause
1st Amendment Free Speech
44. 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.
Mutual Mistake
Fee Agreements
Destruction of Identified Goods
Joint Tenancy (Severance)
45. 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
1st Amendment Free Speech
Treasure Trove
1st Amendment Free Association
Hearsay
46. 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
Anticipatory Repudiation
Terroristic Threats
Summary Jugment
47. 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
Duty to Minority Shareholders
Receiving Stolen Property
Ademption
Damages
48. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Pat Down Search
Receiving Stolen Property
Usurpation of Corporate Opportunity (Remedies)
Unauthorized Practice of Law
49. Liabilities of the disappearing corporation flow to the surviving corporation.
Supression of Evidence
Liability of Claims After Merger
Tenancy by the Entireties
Dying Declaration
50. 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)
Impeachment
Board of Directors (Voting)
Equitable Division