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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. 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.
Oral Agreements (SOF)
Estates (Intestate)
Fee Agreements
1st Amendment Free Association
2. 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
Specially Manufactured Goods (SOF)
Prescriptive Easement (scope)
Kidnapping
Restrictive Covenant (Enforcement)
3. 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
Theft by Deception
Forgery
Tax (Life Insurance Policy Proceeds)
4th Amendment Govt Employers
4. 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'
CP (Motion for New Trial)
Contract Formation
Lawyer Advertising
Pretermitted Spouse
5. 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).
Impeachment
Domicile
Prescriptive Easement
Criminal Trespass
6. 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.
Prescriptive Easement (scope)
Specially Manufactured Goods (SOF)
Receipt of Income
Estates (Slayer's Act)
7. 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
Pat Down Search
Duty to Minority Shareholders
Deductibility of Restitution
Negligence (Malpractice)
8. 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
Kidnapping
Privacy Rights
Perjury
Supression of Evidence
9. 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
ADEA (shifting burdens)
Specially Manufactured Goods (SOF)
Will Requirements
10. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Revocation of Acceptance
ADEA (shifting burdens)
Pre-Nuptial Agreements
Alimony
11. 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.
Special Warranty Deed
3rd Party Beneficiary
Mutual Mistake
Latent Ambiguity
12. 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.
Recording Statute
1st Amendment Free Speech (Defamation
Pat Down Search
Usurpation of Corporate Opportunity (Remedies)
13. 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
14. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Joint Tenancy (Severance)
Mutual Mistake
1st Amendment Free Speech
15. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Proper Service of Complaint
Prescriptive Easement (scope)
Receiving Stolen Property
Mutual Mistake
16. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Prescriptive Easement
Estates (Slayer's Act)
Burglary
Perjury
17. 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
Excited Utterance
4th Amendment Search and Seizure
1st Amendment Free Association
18. 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
Gift of Stock
Summary Jugment
Privacy Rights
Buyer's duties (rejected goods)
19. 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
Age Discrimination
4th Amendment Govt Employers
Attorney Work Product
Dying Declaration
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
Lawyer Advertising
Standing
Attorney Contact w/ Represented Party
1st Amendment Free Speech
21. 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.
Retraint on Alienation
Accord and Satisfaction
Deed (Delivery)
Usurpation of Corporate Opportunity (Remedies)
22. 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.
Retraint on Alienation
Equitable Division
Alimony
Incorporation by Reference
23. Restitution made is generally deductible in the year made.
Recklessly Endangering
Warranties/Disclaimers
Standing
Deductibility of Restitution
24. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Incorporation by Reference
Strict Products Liability
Prescriptive Easement
Accord and Satisfaction
25. An attorney who knowingly assists a non-attorney in the unauthorized practice of law is in violation of PA RPC. An attorney may give a seminar on the law to non-lawyers in conjunction with their employment when such knowledge may be beneficial to the
Implied Warranty Construction Contract
Notice for Special Meeting
Unauthorized Practice of Law
4th Amendment Govt Employers
26. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
1st Amendment Free Speech
Specially Manufactured Goods (SOF)
Pre-Nuptial Agreements
Unconcionable Contract Provision (UCC)
27. 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.
Implied Warranty Construction Contract
Equitable Division
Latent Ambiguity
Perjury
28. 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
Recklessly Endangering
Gift of Stock
Liquidated Damages
29. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Receipt of Income
CP (Motion for New Trial)
Fair Reporting Privilege
4th Amendment Search and Seizure
30. 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
Procedural Due Process
Defense of Minority
CP (Motion for New Trial)
Dying Declaration
31. 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
Destruction of Identified Goods
Deductibility of Restitution
Gift of Stock
Privacy Rights
32. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Mitigation of Damages
Bona Fide Purchaser
Receiving Stolen Property
33. 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
Summary Jugment
Bequests
Mutual Mistake
Liquidated Damages
34. Liabilities of the disappearing corporation flow to the surviving corporation.
Procedural Due Process
Liability of Claims After Merger
Corporate Opportunity
Estates (Slayer's Act)
35. 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.
Kidnapping
Bona Fide Purchaser
Notice for Special Meeting
Impeachment
36. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Fee Agreements
Damages
Notice for Special Meeting
37. Gain on sale or transfer of a home is generally a taxable event for seller. The gain equals the amount realized on sale less the adjusted basis of the property. The adjusted basis includes the original cost plus the cost of any improvements. The amou
Taxability of Sale of Residence
Pre-Nuptial Agreements
Ademption
Forgery
38. 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.
Implied Warranty Construction Contract
Board of Directors (Voting)
Americans w/ Disabilites Act
Summary Jugment
39. 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.
Destruction of Identified Goods
Restrictions on Transferability of Stock
Attorney Contact w/ Represented Party
Duty to Minority Shareholders
40. 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
Equitable Division
Strict Products Liability
Theft
Retraint on Alienation
41. 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
RPC (Competence)
Gift of Stock
Alimony
Bequests
42. 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
Hearsay
Accord and Satisfaction
Bequests
Simple Assault
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.
Usurpation of Corporate Opportunity (Remedies)
Treasure Trove
Duty to Minority Shareholders
Constructive Eviction
44. 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
Board of Directors (Removal)
Estates (Advancement)
Incorporation by Reference
1st Amendment Free Speech
45. 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.
Contract Formation
Estates (Advancement)
Retraint on Alienation
Representing Multiple Parties
46. 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
Attorney-Client Communication
Landlord Duties
Ademption
Lay Opinion Testimony
47. 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.
Gambling Winnings and Losses
Defense of Minority
Equitable Division
Negligence (Malpractice)
48. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Incorporation by Reference
Domicile
Criminal Conspiracy
Recording Statute
49. 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.
3rd Party Beneficiary
Bequests
Perjury
Board of Directors (Voting)
50. 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
Retraint on Alienation
Theft
Kidnapping