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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. 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
Joint Tenancy w/ Right of Survivorship
Landlord Duties
Fee Agreements
Supression of Evidence
2. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
Damages
Latent Ambiguity
Specially Manufactured Goods (SOF)
Retraint on Alienation
3. 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
Deed (Delivery)
Incorporation by Reference
Alimony
Simple Assault
4. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Gift of Stock
Standing
3rd Party Beneficiary
Burglary
5. Income from gambling constitutes gross taxable income - while losses may be deducted.
Marital Property
Gambling Winnings and Losses
Statute of Frauds
Defense of Minority
6. Requires physical presence together with an intent to establish.
Destruction of Identified Goods
Alimony
1st Amendment Free Speech
Domicile
7. 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
4th Amendment Govt Employers
Summary Jugment
Joint Tenancy w/ Right of Survivorship
Revocation of Acceptance
8. 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.
Criminal Conspiracy
Applicability of Express Warranty
Gift of Stock
Tenancy by the Entireties
9. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Revocation of Acceptance
Title VII- Retaliatory Discharge
1st Amendment Free Speech
Pretermitted Spouse
10. 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
Removal to Action to Federal Court
Liability of Claims After Merger
Ademption
Bona Fide Purchaser
11. 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.
RPC (Prospective Client)
Liability of Directors (improper distribution)
Domicile
Duty to Minority Shareholders
12. 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.
Corporate Opportunity
Proper Service of Complaint
Attorney Work Product
2nd Degree Murder
13. 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
Hearsay
Implied Warranty Construction Contract
Mutual Mistake
Conditional Devise
14. 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.
CP (New Matter/Answer)
Prescriptive Easement
Liability of Claims After Merger
Perjury
15. 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.
Unconcionable Contract Provision (UCC)
Protection From Abuse Order
Estates (Advancement)
Deed (Delivery)
16. 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
Americans w/ Disabilites Act
2nd Degree Murder
Removal to Action to Federal Court
1st Amendment Free Association
17. 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.
Criminal Trespass
Mutual Mistake
Proper Service of Complaint
Corporate Opportunity
18. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Domicile
Criminal Trespass
Recording Statute
Anticipatory Repudiation
19. 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
Representing Multiple Parties
Tax (Life Insurance Policy Proceeds)
Lay Opinion Testimony
Deductibility of Restitution
20. 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
Forgery
Standing
Estates (Slayer's Act)
Robbery
21. 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).
Estates (Slayer's Act)
Recklessly Endangering
Revocation of Acceptance
Impeachment
22. 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
Gambling Winnings and Losses
Jgmt on the Pleadings
CP (New Matter/Answer)
Ademption
23. 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.
1st Amendment Free Association
2nd Degree Murder
Age Discrimination
Notice for Special Meeting
24. 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
Estates (Slayer's Act)
Contract Formation
Defense of Minority
Revocation of Acceptance
25. 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.
Board of Directors (Voting)
Alimony
Receipt of Income
Fee Agreements
26. 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
RPC (Competence)
Oral Agreements (SOF)
Emancipation
27. 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.
Devise of Encumbered Property
Excited Utterance
Pretermitted Spouse
Statute of Frauds
28. 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
Special Warranty Deed
Board of Directors (Removal)
Fee Agreements
Statute of Frauds
29. 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
Privacy Rights
CP (Motion for New Trial)
Defense of Minority
Fed Tax (Advancement)
30. 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
Merchants Confirming Memo
Gift of Stock
Protection From Abuse Order
Deed (Delivery)
31. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
Theft
Latent Ambiguity
1st Amendment Free Speech
CP (New Matter/Answer)
32. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
1st Amendment Free Speech
Latent Ambiguity
Lay Opinion Testimony
33. 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
Burglary
RPC (Prospective Client)
Landlord Duties
Unconcionable Contract Provision (UCC)
34. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Lawyer Advertising
1st Amendment Free Speech
Latent Ambiguity
35. A verdict is against the weight of the evidence where the verdict constitutes a miscarriage of justice or shocks the conscience of the Court - or is such that no reasonable jury could have reached the same conclusion.
CP (New Matter/Answer)
CP (Motion for New Trial)
Receiving Stolen Property
Americans w/ Disabilites Act
36. 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
Constructive Eviction
Strict Products Liability
Conditional Devise
3rd Party Beneficiary
37. 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
Proper Service of Complaint
Corporate Opportunity
RPC (Competence)
38. Only actions which fall within original jurisdiction of the District Court can be removed. Identification of federal question and diversity of citizenship as grounds for jurisdiction.
Removal to Action to Federal Court
Receipt of Income
Defense of Minority
Special Warranty Deed
39. 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
Alimony
Implied Warranty Construction Contract
Title VII- Retaliatory Discharge
Jgmt on the Pleadings
40. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Procedural Due Process
Bequests
Americans w/ Disabilites Act
41. 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
Mutual Mistake
Liability of Directors (improper distribution)
Negligence (Malpractice)
42. 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
Accord and Satisfaction
Attorney Work Product
Oral Agreements (SOF)
43. 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
Devise of Encumbered Property
Taxability of Embezzeled Property
Emancipation
Attorney-Client Communication
44. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Joint Tenancy w/ Right of Survivorship
Standing
Burglary
Restrictions on Transferability of Stock
45. 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
Theft
Taxability of Embezzeled Property
Pat Down Search
Statute of Frauds
46. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Robbery
Title VII- Retaliatory Discharge
Incorporation by Reference
47. 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.
Emancipation
Board of Directors (Voting)
Procedural Due Process
Criminal Conspiracy
48. 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.
Dormant Commerce Clause
Destruction of Identified Goods
Deductibility of Restitution
Age Discrimination
49. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Marital Property
Anticipatory Repudiation
Specially Manufactured Goods (SOF)
2nd Degree Murder
50. 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.
Representing Multiple Parties
Bona Fide Purchaser
Statute of Frauds
Attorney-Client Communication