Test your basic knowledge |

PA Bar Exam

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. 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.






2. 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






3. 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






4. Restricts states from imposing differential treatment of in-state and out-of-state economic interests. A local regulation which discriminates on its face is invalid unless it advances a legitimate local purpose that cannot be served by reasonable non






5. Restitution made is generally deductible in the year made.






6. 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.






7. 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






8. 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.






9. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.






10. 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.






11. (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






12. 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.






13. 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






14. A direct or indirect threat to commit a crime with intent to terrorize.






15. 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






16. 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






17. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.






18. 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'






19. The value of property acquired prior to marriage is non-marital property. The increase in value of premarital assets during the marriage is marital property subject to equitable distribution. The value of property received by inheritance during the m






20. 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






21. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.






22. 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.






23. 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






24. 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






25. 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






26. Liabilities of the disappearing corporation flow to the surviving corporation.






27. 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.






28. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).






29. 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.






30. 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.






31. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.






32. 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






33. 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






34. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.






35. 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






36. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.






37. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






38. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.






39. 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.






40. Property obtained during the course of the marriage is marital property - subject to equitable division.






41. 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






42. 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






43. 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






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.






45. 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.






46. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.






47. 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.






48. 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.






49. Use of force to aid in escape after committing a theft constitutes robbery.






50. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.