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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.
Contract Formation
Theft
Retraint on Alienation
Oral Agreements (SOF)
2. 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 Trespass
Statute of Frauds
Gift of Stock
4th Amendment Govt Employers
3. 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
Liability of Directors (improper distribution)
Liquidated Damages
3rd Party Beneficiary
Attorney Contact w/ Represented Party
4. 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.
Present-sense Impression
Notice for Special Meeting
Special Warranty Deed
Devise of Encumbered Property
5. 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.
Receipt of Income
ADEA (shifting burdens)
Special Warranty Deed
1st Amendment Free Association
6. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Prescriptive Easement
Fee Agreements
Attorney Work Product
7. 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.
Impeachment
Notice for Special Meeting
4th Amendment Search and Seizure
Restrictions on Transferability of Stock
8. 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
Fee Agreements
Equitable Division
Hearsay
9. 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.
Deductibility of Restitution
Deed (Delivery)
Forgery
Impeachment
10. 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
Strict Products Liability
Ademption
1st Amendment Free Association
11. 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
Recklessly Endangering
Tax (Life Insurance Policy Proceeds)
Taxability of Embezzeled Property
Bequests
12. 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
Anticipatory Repudiation
1st Amendment Free Speech (Defamation
Liquidated Damages
Forgery
13. (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
Strict Products Liability
Liability of Directors (improper distribution)
Liquidated Damages
Attorney-Client Communication
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
Pre-Nuptial Agreements
CP (Motion for New Trial)
Constructive Eviction
Summary Jugment
15. 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.
Equitable Division
Americans w/ Disabilites Act
Joint Tenancy (Severance)
Excited Utterance
16. 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
Corporate Opportunity
Equitable Division
Deed (Delivery)
Americans w/ Disabilites Act
17. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Estates (Intestate)
Burglary
Duty to Minority Shareholders
Privacy Rights
18. 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.
Applicability of Express Warranty
Equitable Division
Perjury
Removal to Action to Federal Court
19. Occurs when a person takes the property of another with intent to deprive them of it.
Restrictions on Transferability of Stock
Conditional Devise
Theft
Sharehold Derivative Suit
20. 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).
Proper Service of Complaint
Fair Reporting Privilege
Joint Tenancy w/ Right of Survivorship
Terroristic Threats
21. 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.
CP (Motion for New Trial)
Liability of Directors (improper distribution)
Entrapment
Incorporation by Reference
22. 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.
Impeachment
Taxability of Sale of Residence
Simple Assault
Will Requirements
23. 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
Procedural Due Process
Taxability of Embezzeled Property
Liability of Claims After Merger
24. 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.
Prescriptive Easement (scope)
Dormant Commerce Clause
Pre-Nuptial Agreements
Age Discrimination
25. 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
Kidnapping
4th Amendment Search and Seizure
Prescriptive Easement
Usurpation of Corporate Opportunity (Remedies)
26. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fed Tax (Advancement)
Emancipation
Summary Jugment
Fair Reporting Privilege
27. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
Estates (Slayer's Act)
Entrapment
Impeachment
28. 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
Lay Opinion Testimony
Warranties/Disclaimers
Loss of Consortium
Marital Property
29. 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
Lawyer Advertising
Theft
Receipt of Income
30. 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.
Notice for Special Meeting
Latent Ambiguity
Receipt of Income
Prescriptive Easement (scope)
31. Liabilities of the disappearing corporation flow to the surviving corporation.
Procedural Due Process
Theft by Deception
Liability of Claims After Merger
Removal to Action to Federal Court
32. 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
Recording Statute
Unauthorized Practice of Law
Notice for Special Meeting
Unconcionable Contract Provision (UCC)
33. 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.
Gambling Winnings and Losses
Attorney Contact w/ Represented Party
Criminal Conspiracy
Warranties/Disclaimers
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
Ademption
Special Warranty Deed
Estates (Advancement)
Incorporation by Reference
35. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Standing
Present-sense Impression
Joint Tenancy (Severance)
36. 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.
Deductibility of Restitution
Mitigation of Damages
RPC (Prospective Client)
Lay Opinion Testimony
37. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Fed Tax (Advancement)
Bona Fide Purchaser
Devise of Encumbered Property
Pre-Nuptial Agreements
38. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.
Title VII- Retaliatory Discharge
Dying Declaration
Board of Directors (Removal)
Pat Down Search
39. 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
Pretermitted Spouse
Attorney Work Product
4th Amendment Search and Seizure
Constructive Eviction
40. 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.
Conditional Devise
Taxability of Embezzeled Property
Bequests
Alimony
41. 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.
Theft
Title VII- Retaliatory Discharge
Lay Opinion Testimony
Pretermitted Spouse
42. 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
Pre-Nuptial Agreements
Loss of Consortium
Restrictive Covenant (Enforcement)
Tenancy by the Entireties
43. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Liability of Claims After Merger
ADEA (shifting burdens)
4th Amendment Search and Seizure
44. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Mitigation of Damages
Usurpation of Corporate Opportunity (Remedies)
Impeachment
45. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
Estates (Intestate)
1st Amendment Free Speech
Oral Agreements (SOF)
46. 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
Americans w/ Disabilites Act
Equitable Division
Fed Tax (Advancement)
Damages
47. 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
Liability of Directors (improper distribution)
Negligence (Malpractice)
Taxability of Embezzeled Property
48. 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
Terroristic Threats
RPC (Prospective Client)
Merchants Confirming Memo
Proper Service of Complaint
49. 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.
50. 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
Emancipation
Robbery
Gift of Stock
Implied Warranty Construction Contract