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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. 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
Attorney Contact w/ Represented Party
Proper Service of Complaint
Kidnapping
Dying Declaration
2. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Receipt of Income
Fair Reporting Privilege
Landlord Duties
Protection From Abuse Order
3. 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
Attorney Work Product
Codicil
4th Amendment Govt Employers
Anticipatory Repudiation
4. 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
Damages
Americans w/ Disabilites Act
Contract Formation
Emancipation
5. 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
Alimony
Dormant Commerce Clause
Negligence (Malpractice)
Attorney Work Product
6. (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
Terroristic Threats
Contract Formation
Attorney-Client Communication
Prescriptive Easement (scope)
7. 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
Corporate Opportunity
Codicil
4th Amendment Search and Seizure
Liability of Directors (improper distribution)
8. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Prescriptive Easement
Taxability of Sale of Residence
Restrictions on Transferability of Stock
Recklessly Endangering
9. 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.
Protection From Abuse Order
Usurpation of Corporate Opportunity (Remedies)
Bona Fide Purchaser
Dormant Commerce Clause
10. 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
Corporate Opportunity
Mutual Mistake
1st Degree Murder
11. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Burglary
Jgmt on the Pleadings
Kidnapping
12. 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.
Taxability of Embezzeled Property
Protection From Abuse Order
Sharehold Derivative Suit
Board of Directors (Removal)
13. 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.
Dormant Commerce Clause
Attorney Work Product
Age Discrimination
CP (New Matter/Answer)
14. 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.
Theft by Deception
Tenancy by the Entireties
Domicile
Conditional Devise
15. 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.
Gambling Winnings and Losses
Criminal Trespass
1st Amendment Free Speech
Mitigation of Damages
16. 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
4th Amendment Search and Seizure
1st Amendment Free Speech (Defamation
Alimony
Treasure Trove
17. 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
Bona Fide Purchaser
1st Amendment Free Speech
Special Warranty Deed
18. T must have testamentary intent in preparing will. The will must dispose Ts property. It must be in writing and signed by the T at the logical end. T must have testamentary capacity.
Criminal Conspiracy
Will Requirements
Standing
Forgery
19. 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.
Prescriptive Easement
Taxability of Embezzeled Property
Board of Directors (Voting)
Latent Ambiguity
20. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Liquidated Damages
Unconcionable Contract Provision (UCC)
Procedural Due Process
2nd Degree Murder
21. A statement - other than one made by the declarant while testifying at the trial or hearing - offered in evidence to prove the truth of the matter asserted.
Representing Multiple Parties
Hearsay
Entrapment
Statute of Frauds
22. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Alimony
Robbery
Dormant Commerce Clause
23. 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.
Dying Declaration
Perjury
Restrictive Covenant (Enforcement)
Tax (Life Insurance Policy Proceeds)
24. 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.
Pretermitted Spouse
Taxability of Embezzeled Property
Domicile
Landlord Duties
25. 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'
Supression of Evidence
Defense of Minority
Robbery
Lawyer Advertising
26. 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.
Representing Multiple Parties
Contract Formation
Attorney Contact w/ Represented Party
Gift of Stock
27. 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
Receipt of Income
Standing
Lawyer Advertising
28. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.
Jgmt on the Pleadings
CP (Motion for New Trial)
Devise of Encumbered Property
Will Requirements
29. 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.
Applicability of Express Warranty
1st Degree Murder
Receiving Stolen Property
Taxability of Sale of Residence
30. 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.
Board of Directors (Voting)
Defense of Minority
RPC (Competence)
Landlord Duties
31. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Board of Directors (Voting)
Prescriptive Easement (scope)
Applicability of Express Warranty
Treasure Trove
32. 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.
Present-sense Impression
Liability of Claims After Merger
Fee Agreements
Tax (Life Insurance Policy Proceeds)
33. 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
Criminal Conspiracy
4th Amendment Govt Employers
Fee Agreements
1st Amendment Free Speech
34. 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
4th Amendment Search and Seizure
Liquidated Damages
Recording Statute
Forgery
35. 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
RPC (Prospective Client)
Buyer's duties (rejected goods)
Age Discrimination
Hearsay
36. 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.
CP (New Matter/Answer)
Merchants Confirming Memo
Oral Agreements (SOF)
Proper Service of Complaint
37. 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
Negligence (Malpractice)
Special Warranty Deed
1st Amendment Free Association
Statute of Frauds
38. 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).
Gift of Stock
Supression of Evidence
Equitable Division
Impeachment
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.
Treasure Trove
Destruction of Identified Goods
Buyer's duties (rejected goods)
Pre-Nuptial Agreements
40. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Unauthorized Practice of Law
CP (New Matter/Answer)
3rd Party Beneficiary
41. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Impeachment
Standing
Marital Property
Criminal Trespass
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
Tenancy by the Entireties
Tax (Life Insurance Policy Proceeds)
Liability of Directors (improper distribution)
43. 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.
Privacy Rights
Estates (Slayer's Act)
Unconcionable Contract Provision (UCC)
Duty to Minority Shareholders
44. 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.
Liquidated Damages
Restrictions on Transferability of Stock
Revocation of Acceptance
Buyer's duties (rejected goods)
45. 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.
Kidnapping
Prescriptive Easement (scope)
Restrictive Covenant (Enforcement)
Loss of Consortium
46. 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
Equitable Division
Incorporation by Reference
1st Amendment Free Speech (Defamation
Receipt of Income
47. Property obtained during the course of the marriage is marital property - subject to equitable division.
Privacy Rights
1st Degree Murder
Summary Jugment
Marital Property
48. 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.
Bona Fide Purchaser
Receipt of Income
Strict Products Liability
CP (Motion for New Trial)
49. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan
Fed Tax (Advancement)
Restrictive Covenant (Enforcement)
Standing
RPC (Prospective Client)
50. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
RPC (Prospective Client)
Pat Down Search
Pretermitted Spouse