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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. 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
Mutual Mistake
Recklessly Endangering
Will Requirements
4th Amendment Search and Seizure
2. 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
Treasure Trove
Privacy Rights
Representing Multiple Parties
Board of Directors (Voting)
3. 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.
Attorney-Client Communication
Removal to Action to Federal Court
Joint Tenancy w/ Right of Survivorship
Receipt of Income
4. 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
Fair Reporting Privilege
Equitable Division
Criminal Conspiracy
Standing
5. 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
2nd Degree Murder
Simple Assault
Accord and Satisfaction
Estates (Advancement)
6. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
1st Amendment Free Speech
Codicil
1st Amendment Free Speech (Defamation
Restrictions on Transferability of Stock
7. 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
Fed Tax (Advancement)
Tax (Life Insurance Policy Proceeds)
Strict Products Liability
Alimony
8. 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
Receiving Stolen Property
Estates (Intestate)
Joint Tenancy (Severance)
Notice for Special Meeting
9. 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.
Accord and Satisfaction
Liability of Claims After Merger
Conditional Devise
Summary Jugment
10. 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
Damages
CP (Motion for New Trial)
Proper Service of Complaint
Bona Fide Purchaser
11. 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
Protection From Abuse Order
Strict Products Liability
Lawyer Advertising
12. 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.
Hearsay
Prescriptive Easement (scope)
Pre-Nuptial Agreements
Forgery
13. There is a constructive eviction where the implied covenant for the quiet enjoyment of leased premises is breached. To establish a constructive eviction - there must be substantial interference with quiet enjoyment of leased premises - such that it d
Equitable Division
Joint Tenancy (Severance)
Constructive Eviction
Prescriptive Easement (scope)
14. 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.
Perjury
Latent Ambiguity
Removal to Action to Federal Court
Taxability of Sale of Residence
15. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Prescriptive Easement (scope)
Receiving Stolen Property
Tenancy by the Entireties
Jgmt on the Pleadings
16. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Specially Manufactured Goods (SOF)
4th Amendment Govt Employers
Defense of Minority
17. Requires physical presence together with an intent to establish.
1st Amendment Free Speech
Buyer's duties (rejected goods)
Domicile
Theft
18. 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
Perjury
Liability of Claims After Merger
Joint Tenancy (Severance)
19. 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.
Equitable Division
Will Requirements
Forgery
Retraint on Alienation
20. 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.
Attorney Contact w/ Represented Party
Unconcionable Contract Provision (UCC)
Notice for Special Meeting
Removal to Action to Federal Court
21. 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.
Liability of Directors (improper distribution)
Procedural Due Process
2nd Degree Murder
Usurpation of Corporate Opportunity (Remedies)
22. 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
RPC (Prospective Client)
Unauthorized Practice of Law
Pre-Nuptial Agreements
Americans w/ Disabilites Act
23. 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
Burglary
Criminal Conspiracy
Buyer's duties (rejected goods)
Liability of Directors (improper distribution)
24. 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.
Attorney Contact w/ Represented Party
Estates (Advancement)
Incorporation by Reference
Retraint on Alienation
25. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Defense of Minority
Fee Agreements
Simple Assault
Removal to Action to Federal Court
26. 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.
Anticipatory Repudiation
Dying Declaration
Dormant Commerce Clause
Criminal Conspiracy
27. 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)
Attorney Contact w/ Represented Party
Estates (Advancement)
Defense of Minority
28. 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.
Fee Agreements
Tenancy by the Entireties
Statute of Frauds
Pretermitted Spouse
29. 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
Deductibility of Restitution
Bona Fide Purchaser
Privacy Rights
Damages
30. Police conduct is examined to determine if their conduct created a substantial risk that the offense will be committed by one who is innocently disposed.
Incorporation by Reference
Strict Products Liability
Theft
Entrapment
31. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Protection From Abuse Order
Recklessly Endangering
Liquidated Damages
32. 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
4th Amendment Search and Seizure
Unauthorized Practice of Law
Procedural Due Process
Restrictive Covenant (Enforcement)
33. 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.
Restrictions on Transferability of Stock
Codicil
Excited Utterance
Americans w/ Disabilites Act
34. 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
Receiving Stolen Property
Notice for Special Meeting
Forgery
Sharehold Derivative Suit
35. 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
Warranties/Disclaimers
CP (New Matter/Answer)
Fed Tax (Advancement)
Mutual Mistake
36. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Impeachment
Warranties/Disclaimers
Theft by Deception
Conditional Devise
37. 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.
Negligence (Malpractice)
Oral Agreements (SOF)
Estates (Intestate)
Corporate Opportunity
38. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Theft by Deception
Recklessly Endangering
Revocation of Acceptance
39. Alleged prior bad acts are not relevant and are inadmissible for impeachment. Convictions for robbery (w/i 10 years) are admissible to impeach (crime of dishonesty).
CP (Motion for New Trial)
Damages
Impeachment
Dormant Commerce Clause
40. Liabilities of the disappearing corporation flow to the surviving corporation.
1st Degree Murder
Liability of Claims After Merger
Lay Opinion Testimony
Accord and Satisfaction
41. 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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42. 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
Terroristic Threats
Alimony
Supression of Evidence
Representing Multiple Parties
43. 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
Estates (Intestate)
Pat Down Search
Entrapment
RPC (Competence)
44. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Representing Multiple Parties
Forgery
Supression of Evidence
Recklessly Endangering
45. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
1st Amendment Free Speech
Latent Ambiguity
Criminal Conspiracy
46. A statement - other than one made by the declarant while testifying at the trial or hearing - offered in evidence to prove the truth of the matter asserted.
Lawyer Advertising
4th Amendment Search and Seizure
Accord and Satisfaction
Hearsay
47. 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.
Taxability of Embezzeled Property
Attorney Contact w/ Represented Party
Special Warranty Deed
Attorney-Client Communication
48. 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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49. 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
Mutual Mistake
Duty to Minority Shareholders
Kidnapping
Hearsay
50. 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.
Board of Directors (Removal)
Gift of Stock
1st Amendment Free Speech
Corporate Opportunity
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