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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. 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.
Lay Opinion Testimony
Destruction of Identified Goods
Equitable Division
Liability of Directors (improper distribution)
2. 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
Mutual Mistake
Americans w/ Disabilites Act
Latent Ambiguity
Gift of Stock
3. 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.
Recording Statute
Statute of Frauds
Liquidated Damages
Emancipation
4. 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
Landlord Duties
Joint Tenancy w/ Right of Survivorship
Theft by Deception
5. 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
Liquidated Damages
Attorney-Client Communication
Marital Property
Equitable Division
6. 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
Bona Fide Purchaser
Board of Directors (Voting)
Impeachment
Treasure Trove
7. 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
Entrapment
Simple Assault
1st Amendment Free Speech
Latent Ambiguity
8. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Destruction of Identified Goods
Attorney Work Product
Title VII- Retaliatory Discharge
Fee Agreements
9. 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.
Deed (Delivery)
RPC (Competence)
Standing
Board of Directors (Voting)
10. Income from gambling constitutes gross taxable income - while losses may be deducted.
4th Amendment Govt Employers
Gambling Winnings and Losses
Lawyer Advertising
Equitable Division
11. 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).
Notice for Special Meeting
Taxability of Embezzeled Property
Codicil
Impeachment
12. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Perjury
Fed Tax (Advancement)
3rd Party Beneficiary
13. 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.
Proper Service of Complaint
Emancipation
CP (Motion for New Trial)
Pretermitted Spouse
14. 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.
Restrictions on Transferability of Stock
Age Discrimination
Defense of Minority
Lay Opinion Testimony
15. 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.
1st Amendment Free Association
CP (Motion for New Trial)
Estates (Slayer's Act)
Burglary
16. (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
Equitable Division
Restrictive Covenant (Enforcement)
Attorney Work Product
Jgmt on the Pleadings
17. 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
Duty to Minority Shareholders
1st Amendment Free Speech (Defamation
Strict Products Liability
Pat Down Search
18. 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
1st Amendment Free Speech
Procedural Due Process
Hearsay
Buyer's duties (rejected goods)
19. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Alimony
Duty to Minority Shareholders
Fee Agreements
RPC (Competence)
20. Attorney should analyze for potential conflict of interest. Attorney should advise clients of potential conflicts and obtain their informed consent. Once a direct conflict arises - the attorney should withdraw.
Devise of Encumbered Property
Merchants Confirming Memo
Representing Multiple Parties
Joint Tenancy w/ Right of Survivorship
21. 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.
Revocation of Acceptance
Tenancy by the Entireties
Liquidated Damages
1st Degree Murder
22. 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
Accord and Satisfaction
Oral Agreements (SOF)
Kidnapping
Estates (Intestate)
23. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
Deductibility of Restitution
Will Requirements
Excited Utterance
CP (Motion for New Trial)
24. 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.
2nd Degree Murder
Privacy Rights
Alimony
Restrictive Covenant (Enforcement)
25. 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)
Board of Directors (Removal)
Duty to Minority Shareholders
Receiving Stolen Property
26. 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
Liquidated Damages
Procedural Due Process
Mitigation of Damages
Bequests
27. Occurs when a person takes the property of another with intent to deprive them of it.
Incorporation by Reference
Loss of Consortium
Anticipatory Repudiation
Theft
28. 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
Fee Agreements
Accord and Satisfaction
Liability of Claims After Merger
29. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Pre-Nuptial Agreements
1st Amendment Free Association
Criminal Conspiracy
30. 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.
RPC (Prospective Client)
Hearsay
Receiving Stolen Property
Entrapment
31. 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
Dying Declaration
Constructive Eviction
Applicability of Express Warranty
Age Discrimination
32. 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
Hearsay
Americans w/ Disabilites Act
Joint Tenancy (Severance)
33. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Supression of Evidence
ADEA (shifting burdens)
Estates (Intestate)
Deed (Delivery)
34. 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
Corporate Opportunity
Ademption
Defense of Minority
35. 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.'
Supression of Evidence
Mutual Mistake
Protection From Abuse Order
Board of Directors (Removal)
36. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Proper Service of Complaint
CP (New Matter/Answer)
Specially Manufactured Goods (SOF)
Privacy Rights
37. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Accord and Satisfaction
Recklessly Endangering
Loss of Consortium
Theft
38. 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
Will Requirements
Restrictive Covenant (Enforcement)
Mutual Mistake
Prescriptive Easement
39. 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
RPC (Competence)
Title VII- Retaliatory Discharge
Tenancy by the Entireties
Sharehold Derivative Suit
40. The interference with the right of consortium by a tortfesor to one spouse affords the other spouse with a legal cause of action to recover damages for that interference. Consortium refers to the loss of a spouse's services after injury. A loss of so
Loss of Consortium
RPC (Competence)
Restrictive Covenant (Enforcement)
Liability of Claims After Merger
41. 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.
Entrapment
4th Amendment Govt Employers
Specially Manufactured Goods (SOF)
Dormant Commerce Clause
42. 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
Duty to Minority Shareholders
Specially Manufactured Goods (SOF)
Bona Fide Purchaser
3rd Party Beneficiary
43. 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
Notice for Special Meeting
Accord and Satisfaction
Liability of Directors (improper distribution)
RPC (Competence)
44. 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
Loss of Consortium
Equitable Division
Attorney Work Product
Retraint on Alienation
45. 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.
1st Amendment Free Association
Unconcionable Contract Provision (UCC)
Latent Ambiguity
Impeachment
46. 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
Accord and Satisfaction
Privacy Rights
Forgery
3rd Party Beneficiary
47. Warranty of habitability or reasonable workmanship is implied by law in every contract where a builder-vendor sells a new home to a residential purchaser.
Pre-Nuptial Agreements
Title VII- Retaliatory Discharge
Implied Warranty Construction Contract
Board of Directors (Voting)
48. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Marital Property
Tax (Life Insurance Policy Proceeds)
Recording Statute
Dormant Commerce Clause
49. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Unconcionable Contract Provision (UCC)
Unauthorized Practice of Law
Special Warranty Deed
1st Degree Murder
50. 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
RPC (Competence)
Tax (Life Insurance Policy Proceeds)
Codicil
Summary Jugment