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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. 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
Taxability of Embezzeled Property
Americans w/ Disabilites Act
Fed Tax (Advancement)
Procedural Due Process
2. Restitution made is generally deductible in the year made.
Protection From Abuse Order
2nd Degree Murder
Merchants Confirming Memo
Deductibility of Restitution
3. 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.
Pretermitted Spouse
Defense of Minority
3rd Party Beneficiary
Fair Reporting Privilege
4. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Fed Tax (Advancement)
CP (New Matter/Answer)
Tenancy by the Entireties
Merchants Confirming Memo
5. Landlord has a duty to maintain stairwell which is a common area in an apartment building. Landlord must have actual knowledge of a dangerous condition and a reasonable time to repair it.
Bona Fide Purchaser
Landlord Duties
Duty to Minority Shareholders
Mitigation of Damages
6. 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
Procedural Due Process
Lawyer Advertising
ADEA (shifting burdens)
Representing Multiple Parties
7. 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
Taxability of Embezzeled Property
Removal to Action to Federal Court
1st Amendment Free Speech (Defamation
Recording Statute
8. 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
Impeachment
Buyer's duties (rejected goods)
Dormant Commerce Clause
Equitable Division
9. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Gambling Winnings and Losses
Ademption
Latent Ambiguity
Fair Reporting Privilege
10. Income from gambling constitutes gross taxable income - while losses may be deducted.
Criminal Conspiracy
3rd Party Beneficiary
Gambling Winnings and Losses
Defense of Minority
11. 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.
Bona Fide Purchaser
Dying Declaration
Dormant Commerce Clause
Landlord Duties
12. The moving party must demonstrate that there is no genuine issue material fact and that the moving party is entitled to judgment as a matter of law.
Summary Jugment
Attorney Contact w/ Represented Party
Lay Opinion Testimony
Supression of Evidence
13. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Destruction of Identified Goods
Removal to Action to Federal Court
Hearsay
14. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Lawyer Advertising
Receiving Stolen Property
Receipt of Income
1st Amendment Free Association
15. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Lay Opinion Testimony
Estates (Advancement)
Deed (Delivery)
Domicile
16. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Robbery
Unconcionable Contract Provision (UCC)
Estates (Slayer's Act)
Latent Ambiguity
17. (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
Procedural Due Process
Unconcionable Contract Provision (UCC)
Revocation of Acceptance
Attorney-Client Communication
18. 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.
Hearsay
Summary Jugment
Retraint on Alienation
Criminal Conspiracy
19. 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
Unauthorized Practice of Law
Attorney Work Product
Retraint on Alienation
Procedural Due Process
20. 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.
Anticipatory Repudiation
Summary Jugment
Board of Directors (Voting)
Gambling Winnings and Losses
21. 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
Attorney-Client Communication
Retraint on Alienation
Restrictions on Transferability of Stock
Special Warranty Deed
22. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
RPC (Prospective Client)
Bequests
Theft
1st Degree Murder
23. 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.
Tax (Life Insurance Policy Proceeds)
2nd Degree Murder
Excited Utterance
Emancipation
24. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Criminal Trespass
Impeachment
Deductibility of Restitution
ADEA (shifting burdens)
25. 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.
Revocation of Acceptance
1st Amendment Free Speech
Corporate Opportunity
Destruction of Identified Goods
26. 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
Liquidated Damages
Latent Ambiguity
Implied Warranty Construction Contract
Criminal Conspiracy
27. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed
Joint Tenancy w/ Right of Survivorship
Supression of Evidence
Implied Warranty Construction Contract
Anticipatory Repudiation
28. 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.
Alimony
Criminal Conspiracy
Excited Utterance
Forgery
29. 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.
Mitigation of Damages
Perjury
Marital Property
Tax (Life Insurance Policy Proceeds)
30. 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
Fair Reporting Privilege
Sharehold Derivative Suit
Liability of Directors (improper distribution)
Attorney Work Product
31. 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.
Dying Declaration
Devise of Encumbered Property
Tenancy by the Entireties
Duty to Minority Shareholders
32. 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.
Merchants Confirming Memo
Warranties/Disclaimers
Receipt of Income
Special Warranty Deed
33. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Retraint on Alienation
Domicile
Contract Formation
34. 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
Tax (Life Insurance Policy Proceeds)
Corporate Opportunity
Loss of Consortium
Bequests
35. 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
Strict Products Liability
Estates (Intestate)
Bequests
Deed (Delivery)
36. 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.
4th Amendment Search and Seizure
Privacy Rights
Latent Ambiguity
Taxability of Embezzeled Property
37. 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
CP (New Matter/Answer)
Attorney-Client Communication
Theft by Deception
Liability of Directors (improper distribution)
38. 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.
Board of Directors (Removal)
Damages
Bona Fide Purchaser
Estates (Intestate)
39. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Mitigation of Damages
Constructive Eviction
Lay Opinion Testimony
40. 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.
Americans w/ Disabilites Act
CP (New Matter/Answer)
Lay Opinion Testimony
Revocation of Acceptance
41. 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
Liability of Directors (improper distribution)
Supression of Evidence
Dying Declaration
Emancipation
42. 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
Implied Warranty Construction Contract
Statute of Frauds
Revocation of Acceptance
43. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Tax (Life Insurance Policy Proceeds)
Perjury
Kidnapping
44. 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
Theft by Deception
Bequests
Joint Tenancy (Severance)
Gift of Stock
45. 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
1st Degree Murder
Sharehold Derivative Suit
Alimony
Constructive Eviction
46. 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.
Mitigation of Damages
Attorney Contact w/ Represented Party
Gift of Stock
Recklessly Endangering
47. 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).
4th Amendment Search and Seizure
1st Degree Murder
Anticipatory Repudiation
Joint Tenancy w/ Right of Survivorship
48. 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
1st Amendment Free Association
Gambling Winnings and Losses
Receipt of Income
Kidnapping
49. 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
Simple Assault
Loss of Consortium
Proper Service of Complaint
50. 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
Implied Warranty Construction Contract
Latent Ambiguity
Dormant Commerce Clause