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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. 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
1st Amendment Free Speech
Taxability of Sale of Residence
Procedural Due Process
Kidnapping
2. 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.
1st Amendment Free Speech
Conditional Devise
Proper Service of Complaint
Lawyer Advertising
3. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Protection From Abuse Order
Impeachment
Proper Service of Complaint
Burglary
4. 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
Loss of Consortium
Latent Ambiguity
Procedural Due Process
Emancipation
5. 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
Present-sense Impression
Merchants Confirming Memo
Emancipation
Restrictive Covenant (Enforcement)
6. An express warranty may be enforced by a third party beneficiary who was injured while a guest at the home of the purchaser of the goods to which the warranty applies.
Theft
Applicability of Express Warranty
Bona Fide Purchaser
Estates (Advancement)
7. 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
Supression of Evidence
Jgmt on the Pleadings
Equitable Division
Removal to Action to Federal Court
8. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Kidnapping
RPC (Competence)
Constructive Eviction
Restrictive Covenant (Enforcement)
9. 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
1st Amendment Free Speech (Defamation
Emancipation
Mitigation of Damages
Alimony
10. Property obtained during the course of the marriage is marital property - subject to equitable division.
Simple Assault
Dormant Commerce Clause
Marital Property
Destruction of Identified Goods
11. 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
4th Amendment Search and Seizure
Estates (Advancement)
Recklessly Endangering
Strict Products Liability
12. 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.
Attorney Contact w/ Represented Party
Dormant Commerce Clause
1st Amendment Free Speech
Age Discrimination
13. 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
Gambling Winnings and Losses
Standing
Dying Declaration
Mutual Mistake
14. 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
1st Amendment Free Speech
Oral Agreements (SOF)
Prescriptive Easement
Gift of Stock
15. 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
Treasure Trove
Criminal Trespass
Protection From Abuse Order
Alimony
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
Receipt of Income
Burglary
Americans w/ Disabilites Act
Negligence (Malpractice)
17. 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
Restrictive Covenant (Enforcement)
Pre-Nuptial Agreements
Dormant Commerce Clause
Buyer's duties (rejected goods)
18. 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.
Strict Products Liability
Perjury
Dying Declaration
Negligence (Malpractice)
19. 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.
Excited Utterance
Privacy Rights
RPC (Competence)
Implied Warranty Construction Contract
20. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
1st Degree Murder
Strict Products Liability
Attorney Contact w/ Represented Party
21. 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
Excited Utterance
Forgery
Negligence (Malpractice)
Fed Tax (Advancement)
22. 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.
ADEA (shifting burdens)
Domicile
Excited Utterance
Representing Multiple Parties
23. 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
ADEA (shifting burdens)
Simple Assault
RPC (Prospective Client)
Sharehold Derivative Suit
24. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Strict Products Liability
1st Degree Murder
Recklessly Endangering
Gambling Winnings and Losses
25. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou
1st Amendment Free Speech
Attorney-Client Communication
4th Amendment Search and Seizure
Recklessly Endangering
26. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Attorney Work Product
RPC (Prospective Client)
Taxability of Embezzeled Property
Criminal Trespass
27. 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.
Taxability of Sale of Residence
Statute of Frauds
ADEA (shifting burdens)
Lawyer Advertising
28. 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
Equitable Division
Recklessly Endangering
Notice for Special Meeting
Privacy Rights
29. 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'
Lawyer Advertising
Criminal Conspiracy
Landlord Duties
Jgmt on the Pleadings
30. 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.
Pretermitted Spouse
Marital Property
Unauthorized Practice of Law
Perjury
31. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Defense of Minority
Receiving Stolen Property
2nd Degree Murder
Protection From Abuse Order
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
Dormant Commerce Clause
Liability of Claims After Merger
Privacy Rights
Unauthorized Practice of Law
33. 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
Loss of Consortium
Title VII- Retaliatory Discharge
Treasure Trove
Proper Service of Complaint
34. Use of force to aid in escape after committing a theft constitutes robbery.
Joint Tenancy w/ Right of Survivorship
Robbery
3rd Party Beneficiary
Alimony
35. 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
Sharehold Derivative Suit
Joint Tenancy (Severance)
Proper Service of Complaint
Bequests
36. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
1st Degree Murder
Merchants Confirming Memo
Fair Reporting Privilege
Burglary
37. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Destruction of Identified Goods
Mitigation of Damages
Restrictions on Transferability of Stock
Deductibility of Restitution
38. 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
Joint Tenancy w/ Right of Survivorship
Usurpation of Corporate Opportunity (Remedies)
Bona Fide Purchaser
4th Amendment Govt Employers
39. 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
Liability of Claims After Merger
Bequests
Kidnapping
Contract Formation
40. 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.
2nd Degree Murder
Estates (Advancement)
Landlord Duties
Prescriptive Easement (scope)
41. Income from gambling constitutes gross taxable income - while losses may be deducted.
Restrictions on Transferability of Stock
Gambling Winnings and Losses
Theft by Deception
Liability of Directors (improper distribution)
42. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Hearsay
Usurpation of Corporate Opportunity (Remedies)
Pre-Nuptial Agreements
Kidnapping
43. 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.
Board of Directors (Removal)
Impeachment
Present-sense Impression
1st Amendment Free Speech
44. 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)
Burglary
Joint Tenancy w/ Right of Survivorship
Latent Ambiguity
45. 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.
Recording Statute
Will Requirements
Liquidated Damages
Conditional Devise
46. 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.
Bequests
Prescriptive Easement (scope)
Impeachment
Mitigation of Damages
47. (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
Deed (Delivery)
Attorney Contact w/ Represented Party
Sharehold Derivative Suit
Attorney-Client Communication
48. 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
Equitable Division
Lay Opinion Testimony
Liquidated Damages
Alimony
49. 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
Robbery
Bona Fide Purchaser
Theft by Deception
Joint Tenancy w/ Right of Survivorship
50. 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.
Ademption
Contract Formation
Criminal Conspiracy
Sharehold Derivative Suit