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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. 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.
Forgery
Dormant Commerce Clause
Merchants Confirming Memo
Age Discrimination
2. A document which is not admissible to probate as a document incorporated by reference because it was not in existence at the time of the execution of the will in question may nevertheless be admissible to probate as a codicil if in fact it was execut
Codicil
Recklessly Endangering
Devise of Encumbered Property
Buyer's duties (rejected goods)
3. 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
Criminal Conspiracy
Pre-Nuptial Agreements
Strict Products Liability
4. 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
Attorney Work Product
Emancipation
Joint Tenancy w/ Right of Survivorship
Pre-Nuptial Agreements
5. 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.
Forgery
Conditional Devise
Accord and Satisfaction
Removal to Action to Federal Court
6. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Fee Agreements
Criminal Conspiracy
RPC (Prospective Client)
Proper Service of Complaint
7. 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
Excited Utterance
Unconcionable Contract Provision (UCC)
Joint Tenancy (Severance)
Notice for Special Meeting
8. 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.
Fed Tax (Advancement)
Present-sense Impression
Revocation of Acceptance
CP (New Matter/Answer)
9. 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
Loss of Consortium
Protection From Abuse Order
Bona Fide Purchaser
Retraint on Alienation
10. 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
Recording Statute
Alimony
Unconcionable Contract Provision (UCC)
Equitable Division
11. 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'
Warranties/Disclaimers
Mutual Mistake
Proper Service of Complaint
Lawyer Advertising
12. 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
Emancipation
Treasure Trove
Accord and Satisfaction
Revocation of Acceptance
13. 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.
Usurpation of Corporate Opportunity (Remedies)
Negligence (Malpractice)
Duty to Minority Shareholders
Tenancy by the Entireties
14. 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.
Strict Products Liability
Marital Property
CP (New Matter/Answer)
2nd Degree Murder
15. 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
Ademption
4th Amendment Govt Employers
Special Warranty Deed
Dormant Commerce Clause
16. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Pre-Nuptial Agreements
Age Discrimination
Fair Reporting Privilege
Present-sense Impression
17. 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
Age Discrimination
Incorporation by Reference
Will Requirements
Standing
18. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Removal to Action to Federal Court
Warranties/Disclaimers
Attorney Contact w/ Represented Party
Bequests
19. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Warranties/Disclaimers
Liability of Directors (improper distribution)
Unconcionable Contract Provision (UCC)
20. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Usurpation of Corporate Opportunity (Remedies)
Pre-Nuptial Agreements
Lay Opinion Testimony
Estates (Advancement)
21. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan
Dormant Commerce Clause
Estates (Advancement)
Contract Formation
Fed Tax (Advancement)
22. When a complaint is filed after the expiration of the 2 yr. SOL - the SOL should be raised as an affirmative defense in a responsive pleading under a heading of 'New Matter'.
Hearsay
CP (New Matter/Answer)
Fed Tax (Advancement)
Defense of Minority
23. Directors generally serve at the will of the shareholders and can be removed by the shareholders with or without cause. Directors may only be removed by the direcors for cause under limited circumstances.
Representing Multiple Parties
3rd Party Beneficiary
Board of Directors (Removal)
Supression of Evidence
24. Requires physical presence together with an intent to establish.
Simple Assault
Domicile
Sharehold Derivative Suit
Incorporation by Reference
25. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Title VII- Retaliatory Discharge
4th Amendment Search and Seizure
Specially Manufactured Goods (SOF)
Negligence (Malpractice)
26. 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.
Tenancy by the Entireties
Corporate Opportunity
CP (Motion for New Trial)
Liability of Directors (improper distribution)
27. 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.
Applicability of Express Warranty
Pat Down Search
Mitigation of Damages
CP (Motion for New Trial)
28. 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.
Board of Directors (Removal)
Latent Ambiguity
Retraint on Alienation
Attorney-Client Communication
29. 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.
Receiving Stolen Property
Notice for Special Meeting
Estates (Advancement)
Defense of Minority
30. 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
RPC (Prospective Client)
Forgery
Marital Property
Robbery
31. 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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32. 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.
Liability of Directors (improper distribution)
Lay Opinion Testimony
Board of Directors (Voting)
Equitable Division
33. 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.
Latent Ambiguity
RPC (Competence)
Estates (Advancement)
Conditional Devise
34. 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.
Board of Directors (Removal)
Equitable Division
Supression of Evidence
RPC (Prospective Client)
35. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Deed (Delivery)
Recklessly Endangering
Liability of Claims After Merger
1st Amendment Free Speech
36. 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.
Liability of Claims After Merger
Destruction of Identified Goods
Recklessly Endangering
1st Amendment Free Association
37. 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.
Fee Agreements
Theft
1st Amendment Free Speech
Representing Multiple Parties
38. 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
Conditional Devise
Anticipatory Repudiation
4th Amendment Govt Employers
Present-sense Impression
39. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Excited Utterance
Landlord Duties
Attorney-Client Communication
Pre-Nuptial Agreements
40. Minority or lack of capacity can be asserted as a defense to a contract. Contract made by a minor is voidable. Contract made by a minor involving a necessity or necessary - or which is not disaffirmed by the minor within a reasonable time after reach
Codicil
Excited Utterance
Defense of Minority
Ademption
41. 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
Negligence (Malpractice)
Privacy Rights
Procedural Due Process
Recklessly Endangering
42. 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.
Entrapment
Title VII- Retaliatory Discharge
Prescriptive Easement
Oral Agreements (SOF)
43. 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.
Alimony
Procedural Due Process
Latent Ambiguity
Merchants Confirming Memo
44. 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.
Theft by Deception
Estates (Advancement)
Constructive Eviction
Conditional Devise
45. 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
Supression of Evidence
Fair Reporting Privilege
1st Amendment Free Speech
Deed (Delivery)
46. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Burglary
Latent Ambiguity
Jgmt on the Pleadings
Privacy Rights
47. 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.
RPC (Prospective Client)
CP (Motion for New Trial)
4th Amendment Search and Seizure
Sharehold Derivative Suit
48. 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.
Entrapment
Alimony
2nd Degree Murder
Proper Service of Complaint
49. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
Tax (Life Insurance Policy Proceeds)
Devise of Encumbered Property
Incorporation by Reference
1st Amendment Free Speech
50. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Warranties/Disclaimers
Equitable Division
Protection From Abuse Order