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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. 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.
Jgmt on the Pleadings
Usurpation of Corporate Opportunity (Remedies)
Fair Reporting Privilege
Perjury
2. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Warranties/Disclaimers
Duty to Minority Shareholders
Prescriptive Easement
Unconcionable Contract Provision (UCC)
3. 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.
Perjury
Simple Assault
Hearsay
Landlord Duties
4. A 3rd party may enforce a contract if the recognition of a right to performance in the beneficiary will effectuate the intention of the parties and the performance will either (a) satisfy an obligation to pay money to the beneficiary; or (b) the circ
Estates (Intestate)
Bona Fide Purchaser
3rd Party Beneficiary
CP (New Matter/Answer)
5. 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
Joint Tenancy w/ Right of Survivorship
Burglary
Equitable Division
6. 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.
Strict Products Liability
Summary Jugment
Dying Declaration
Domicile
7. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unauthorized Practice of Law
Will Requirements
Unconcionable Contract Provision (UCC)
CP (New Matter/Answer)
8. 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
Title VII- Retaliatory Discharge
Dormant Commerce Clause
Dying Declaration
9. 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'.
CP (New Matter/Answer)
Dormant Commerce Clause
Duty to Minority Shareholders
Statute of Frauds
10. 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
RPC (Competence)
Anticipatory Repudiation
Theft
Unconcionable Contract Provision (UCC)
11. 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.
Forgery
Unconcionable Contract Provision (UCC)
Retraint on Alienation
Robbery
12. Occurs when a person takes the property of another with intent to deprive them of it.
Devise of Encumbered Property
Impeachment
Statute of Frauds
Theft
13. Restitution made is generally deductible in the year made.
Mutual Mistake
Privacy Rights
Lawyer Advertising
Deductibility of Restitution
14. 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
Statute of Frauds
Bona Fide Purchaser
Duty to Minority Shareholders
Implied Warranty Construction Contract
15. 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.
1st Degree Murder
Recklessly Endangering
Representing Multiple Parties
Standing
16. 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.
Constructive Eviction
Applicability of Express Warranty
Simple Assault
Taxability of Embezzeled Property
17. 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
Loss of Consortium
Tax (Life Insurance Policy Proceeds)
Liquidated Damages
Entrapment
18. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Treasure Trove
Specially Manufactured Goods (SOF)
Terroristic Threats
Duty to Minority Shareholders
19. 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
Strict Products Liability
Joint Tenancy (Severance)
Tenancy by the Entireties
Unauthorized Practice of Law
20. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
CP (Motion for New Trial)
Removal to Action to Federal Court
Equitable Division
Protection From Abuse Order
21. Use of force to aid in escape after committing a theft constitutes robbery.
Negligence (Malpractice)
Robbery
Retraint on Alienation
Applicability of Express Warranty
22. 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
Dying Declaration
Latent Ambiguity
Fed Tax (Advancement)
Theft by Deception
23. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
Warranties/Disclaimers
Impeachment
Mutual Mistake
Merchants Confirming Memo
24. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Recklessly Endangering
ADEA (shifting burdens)
4th Amendment Search and Seizure
3rd Party Beneficiary
25. 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.
Oral Agreements (SOF)
1st Amendment Free Speech (Defamation
Deed (Delivery)
Receiving Stolen Property
26. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Gift of Stock
Pretermitted Spouse
Fed Tax (Advancement)
Lay Opinion Testimony
27. Only actions which fall within original jurisdiction of the District Court can be removed. Identification of federal question and diversity of citizenship as grounds for jurisdiction.
Removal to Action to Federal Court
Negligence (Malpractice)
Will Requirements
Theft by Deception
28. 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
Perjury
Ademption
Theft
29. 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.
1st Amendment Free Speech
1st Amendment Free Speech
Lay Opinion Testimony
Latent Ambiguity
30. 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
Estates (Slayer's Act)
Board of Directors (Voting)
1st Amendment Free Speech
Corporate Opportunity
31. 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
Receiving Stolen Property
Kidnapping
Unauthorized Practice of Law
Recording Statute
32. 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.
Destruction of Identified Goods
Age Discrimination
Recording Statute
Latent Ambiguity
33. 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.
Supression of Evidence
Alimony
Corporate Opportunity
Codicil
34. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Alimony
Bona Fide Purchaser
Restrictive Covenant (Enforcement)
35. 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.
Deed (Delivery)
Revocation of Acceptance
Destruction of Identified Goods
ADEA (shifting burdens)
36. 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.
Will Requirements
Proper Service of Complaint
Estates (Advancement)
Receipt of Income
37. 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
Simple Assault
Fed Tax (Advancement)
Liquidated Damages
Deductibility of Restitution
38. 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
Anticipatory Repudiation
Damages
Will Requirements
Treasure Trove
39. 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
Kidnapping
Dormant Commerce Clause
Joint Tenancy w/ Right of Survivorship
Destruction of Identified Goods
40. 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.
Protection From Abuse Order
Mutual Mistake
Taxability of Embezzeled Property
Proper Service of Complaint
41. Requires physical presence together with an intent to establish.
Domicile
Applicability of Express Warranty
Revocation of Acceptance
Statute of Frauds
42. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Jgmt on the Pleadings
Treasure Trove
Contract Formation
Representing Multiple Parties
43. 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
Americans w/ Disabilites Act
Board of Directors (Voting)
Liability of Claims After Merger
Impeachment
44. 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).
Prescriptive Easement
Alimony
Criminal Trespass
Joint Tenancy w/ Right of Survivorship
45. 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
Pre-Nuptial Agreements
Revocation of Acceptance
RPC (Competence)
Loss of Consortium
46. 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
Criminal Trespass
Summary Jugment
Jgmt on the Pleadings
Incorporation by Reference
47. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Incorporation by Reference
Simple Assault
Terroristic Threats
Attorney-Client Communication
48. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Fee Agreements
Incorporation by Reference
Receiving Stolen Property
49. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Merchants Confirming Memo
Statute of Frauds
Notice for Special Meeting
Fee Agreements
50. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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