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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. 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).
Devise of Encumbered Property
Impeachment
Revocation of Acceptance
Unconcionable Contract Provision (UCC)
2. 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
Fair Reporting Privilege
Codicil
Warranties/Disclaimers
3. 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.
Excited Utterance
Domicile
Taxability of Embezzeled Property
Landlord Duties
4. 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
ADEA (shifting burdens)
Loss of Consortium
Sharehold Derivative Suit
Jgmt on the Pleadings
5. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Taxability of Embezzeled Property
ADEA (shifting burdens)
1st Degree Murder
Warranties/Disclaimers
6. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Prescriptive Easement (scope)
Forgery
Hearsay
7. 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
Burglary
2nd Degree Murder
Damages
Merchants Confirming Memo
8. 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.
ADEA (shifting burdens)
Equitable Division
Fee Agreements
Tenancy by the Entireties
9. 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.
Estates (Intestate)
Protection From Abuse Order
Attorney Work Product
Attorney Contact w/ Represented Party
10. 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
Lawyer Advertising
Representing Multiple Parties
Buyer's duties (rejected goods)
Kidnapping
11. 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.
Hearsay
Proper Service of Complaint
Oral Agreements (SOF)
CP (Motion for New Trial)
12. 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
Conditional Devise
Equitable Division
Burglary
13. 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.
Lawyer Advertising
Contract Formation
1st Amendment Free Speech
Prescriptive Easement (scope)
14. 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
Constructive Eviction
Theft by Deception
Criminal Trespass
Forgery
15. 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
Damages
Usurpation of Corporate Opportunity (Remedies)
Pat Down Search
Buyer's duties (rejected goods)
16. 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.
Bequests
Fair Reporting Privilege
Mitigation of Damages
Statute of Frauds
17. 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
Usurpation of Corporate Opportunity (Remedies)
Anticipatory Repudiation
Special Warranty Deed
RPC (Competence)
18. 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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19. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
1st Degree Murder
Theft by Deception
Board of Directors (Voting)
Fee Agreements
20. 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
Removal to Action to Federal Court
CP (New Matter/Answer)
Negligence (Malpractice)
Proper Service of Complaint
21. 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
Lawyer Advertising
Americans w/ Disabilites Act
Prescriptive Easement (scope)
Removal to Action to Federal Court
22. 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.
Receipt of Income
Estates (Intestate)
Duty to Minority Shareholders
Notice for Special Meeting
23. Occurs when a person takes the property of another with intent to deprive them of it.
Conditional Devise
Robbery
Theft
Gift of Stock
24. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Americans w/ Disabilites Act
Accord and Satisfaction
Unconcionable Contract Provision (UCC)
Treasure Trove
25. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Defense of Minority
Dying Declaration
Retraint on Alienation
Simple Assault
26. 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
Dormant Commerce Clause
Perjury
RPC (Competence)
27. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Sharehold Derivative Suit
Attorney Work Product
Mutual Mistake
28. 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
Hearsay
Fed Tax (Advancement)
Supression of Evidence
Privacy Rights
29. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Procedural Due Process
2nd Degree Murder
Buyer's duties (rejected goods)
Burglary
30. 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)
Destruction of Identified Goods
Standing
Entrapment
31. Conditional devise must be strictly construed and reasonable construction of language must be given in favor of beneficiary. A condition to a devise must be express and not implied.
Restrictive Covenant (Enforcement)
Oral Agreements (SOF)
Criminal Conspiracy
Conditional Devise
32. An offer can be accepted by performance. Necessity of knowledge of an offer to create a power of acceptance. Acquisition of knowledge during performance but prior to completion creates power of acceptance.
Contract Formation
Domicile
Codicil
Terroristic Threats
33. 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.
Retraint on Alienation
Merchants Confirming Memo
Hearsay
Fed Tax (Advancement)
34. 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.
CP (New Matter/Answer)
Age Discrimination
Board of Directors (Voting)
Taxability of Sale of Residence
35. 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
Retraint on Alienation
Notice for Special Meeting
Sharehold Derivative Suit
Gift of Stock
36. Use of force to aid in escape after committing a theft constitutes robbery.
Joint Tenancy (Severance)
Mutual Mistake
Supression of Evidence
Robbery
37. 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
Hearsay
Age Discrimination
Contract Formation
Incorporation by Reference
38. The 14th Amendment protects against the deprivation of property or liberty without due process. At will employment does not establish a legitimate claim of continued employment to establish a property interest but 60 day notice provision supports exi
Deed (Delivery)
Fee Agreements
Procedural Due Process
Hearsay
39. A joint tenant can convey his interest or less than his entire interest in property held as joint tenancy with right of survivorship. A conveyance of joint tenant's interest to a third party severs the joint tenancy. Upon severance - joint tenancy wi
Proper Service of Complaint
Joint Tenancy (Severance)
RPC (Prospective Client)
Unauthorized Practice of Law
40. 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
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41. 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
Jgmt on the Pleadings
Accord and Satisfaction
Summary Jugment
Supression of Evidence
42. 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.
Ademption
Retraint on Alienation
Will Requirements
Estates (Intestate)
43. 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
Supression of Evidence
Conditional Devise
Bequests
Burglary
44. 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
Forgery
Landlord Duties
Treasure Trove
45. 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
Tax (Life Insurance Policy Proceeds)
Equitable Division
Devise of Encumbered Property
Lawyer Advertising
46. 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.
Revocation of Acceptance
Supression of Evidence
Latent Ambiguity
Buyer's duties (rejected goods)
47. 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 Association
Treasure Trove
Theft by Deception
48. 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
Gambling Winnings and Losses
Bequests
Joint Tenancy w/ Right of Survivorship
49. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Hearsay
Revocation of Acceptance
Fair Reporting Privilege
50. 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
Revocation of Acceptance
Dying Declaration
1st Amendment Free Association
Board of Directors (Removal)