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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. Income from gambling constitutes gross taxable income - while losses may be deducted.
Recording Statute
Gambling Winnings and Losses
1st Amendment Free Speech (Defamation
Unauthorized Practice of Law
2. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Dormant Commerce Clause
CP (Motion for New Trial)
4th Amendment Search and Seizure
Title VII- Retaliatory Discharge
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)
Mutual Mistake
Emancipation
Defense of Minority
4. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Deductibility of Restitution
Receipt of Income
Forgery
5. 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.
Dying Declaration
Forgery
Restrictions on Transferability of Stock
1st Amendment Free Speech
6. 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.
Defense of Minority
Latent Ambiguity
Mitigation of Damages
Receiving Stolen Property
7. 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.
Liability of Directors (improper distribution)
Mitigation of Damages
Recording Statute
4th Amendment Search and Seizure
8. 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
Sharehold Derivative Suit
Liability of Claims After Merger
Bequests
9. 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.
Treasure Trove
Specially Manufactured Goods (SOF)
Forgery
Revocation of Acceptance
10. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
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11. 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.
Lay Opinion Testimony
Protection From Abuse Order
Standing
Board of Directors (Removal)
12. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Board of Directors (Voting)
RPC (Competence)
Theft by Deception
Warranties/Disclaimers
13. A direct or indirect threat to commit a crime with intent to terrorize.
Simple Assault
Buyer's duties (rejected goods)
Terroristic Threats
Devise of Encumbered Property
14. 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
Constructive Eviction
Duty to Minority Shareholders
Privacy Rights
Usurpation of Corporate Opportunity (Remedies)
15. 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)
Buyer's duties (rejected goods)
Excited Utterance
4th Amendment Search and Seizure
16. 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.
Theft
Excited Utterance
Representing Multiple Parties
Robbery
17. 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
Retraint on Alienation
Attorney Work Product
Statute of Frauds
Unauthorized Practice of Law
18. 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
Simple Assault
Privacy Rights
Alimony
Proper Service of Complaint
19. 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
Specially Manufactured Goods (SOF)
Lawyer Advertising
Defense of Minority
Estates (Slayer's Act)
20. 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
Prescriptive Easement
Domicile
Ademption
21. Property obtained during the course of the marriage is marital property - subject to equitable division.
Damages
Marital Property
Revocation of Acceptance
Privacy Rights
22. Use of force to aid in escape after committing a theft constitutes robbery.
Damages
Recklessly Endangering
Robbery
Tax (Life Insurance Policy Proceeds)
23. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Hearsay
Theft
RPC (Competence)
Joint Tenancy w/ Right of Survivorship
24. 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.
Burglary
Latent Ambiguity
Duty to Minority Shareholders
Emancipation
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)
Age Discrimination
Dormant Commerce Clause
1st Amendment Free Speech
26. 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
Treasure Trove
2nd Degree Murder
Restrictive Covenant (Enforcement)
27. 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.
Joint Tenancy (Severance)
Liquidated Damages
Oral Agreements (SOF)
Alimony
28. 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.
Fair Reporting Privilege
Americans w/ Disabilites Act
Marital Property
Age Discrimination
29. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Unauthorized Practice of Law
1st Amendment Free Speech (Defamation
Restrictions on Transferability of Stock
Applicability of Express Warranty
30. 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
Joint Tenancy w/ Right of Survivorship
Unauthorized Practice of Law
Pat Down Search
Emancipation
31. 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.
Perjury
Proper Service of Complaint
Negligence (Malpractice)
Board of Directors (Voting)
32. 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
Duty to Minority Shareholders
Restrictive Covenant (Enforcement)
Notice for Special Meeting
Bona Fide Purchaser
33. 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)
Accord and Satisfaction
Deed (Delivery)
1st Amendment Free Speech
34. 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.
Robbery
Duty to Minority Shareholders
Standing
Special Warranty Deed
35. 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.
Duty to Minority Shareholders
Corporate Opportunity
1st Amendment Free Speech
Perjury
36. 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).
Joint Tenancy w/ Right of Survivorship
Impeachment
Prescriptive Easement
Accord and Satisfaction
37. 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
Fed Tax (Advancement)
Tax (Life Insurance Policy Proceeds)
Alimony
Liability of Claims After Merger
38. 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
Ademption
Attorney Contact w/ Represented Party
Hearsay
Accord and Satisfaction
39. 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
Merchants Confirming Memo
Damages
Prescriptive Easement (scope)
Estates (Intestate)
40. 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
Negligence (Malpractice)
4th Amendment Search and Seizure
Latent Ambiguity
1st Amendment Free Speech (Defamation
41. 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.
Marital Property
Strict Products Liability
Removal to Action to Federal Court
Prescriptive Easement (scope)
42. 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)
Unconcionable Contract Provision (UCC)
Criminal Trespass
Tenancy by the Entireties
43. 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.
Destruction of Identified Goods
Bequests
Specially Manufactured Goods (SOF)
Unauthorized Practice of Law
44. 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.
Landlord Duties
Equitable Division
Supression of Evidence
1st Amendment Free Speech
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
Hearsay
Pat Down Search
Present-sense Impression
Criminal Conspiracy
46. 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'
Strict Products Liability
Lawyer Advertising
1st Degree Murder
Anticipatory Repudiation
47. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Incorporation by Reference
Recklessly Endangering
Liability of Directors (improper distribution)
1st Degree Murder
48. 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.
Mitigation of Damages
4th Amendment Govt Employers
Dying Declaration
Devise of Encumbered Property
49. Requires physical presence together with an intent to establish.
Constructive Eviction
Domicile
Procedural Due Process
Title VII- Retaliatory Discharge
50. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Negligence (Malpractice)
Supression of Evidence
Receiving Stolen Property
Oral Agreements (SOF)