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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. 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
Buyer's duties (rejected goods)
4th Amendment Govt Employers
Bequests
2. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Perjury
1st Amendment Free Speech (Defamation
Title VII- Retaliatory Discharge
Landlord Duties
3. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Burglary
Protection From Abuse Order
Gambling Winnings and Losses
Specially Manufactured Goods (SOF)
4. 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).
Mitigation of Damages
Joint Tenancy w/ Right of Survivorship
Accord and Satisfaction
Statute of Frauds
5. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Statute of Frauds
Contract Formation
Liability of Claims After Merger
Treasure Trove
6. 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
Marital Property
Destruction of Identified Goods
Attorney Work Product
Implied Warranty Construction Contract
7. 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
Unauthorized Practice of Law
Usurpation of Corporate Opportunity (Remedies)
Unconcionable Contract Provision (UCC)
Revocation of Acceptance
8. 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.
Negligence (Malpractice)
Destruction of Identified Goods
Representing Multiple Parties
Dying Declaration
9. Requires physical presence together with an intent to establish.
Domicile
Criminal Trespass
1st Degree Murder
Board of Directors (Voting)
10. Use of force to aid in escape after committing a theft constitutes robbery.
Theft by Deception
Revocation of Acceptance
Attorney-Client Communication
Robbery
11. 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
Summary Jugment
Fed Tax (Advancement)
Codicil
Privacy Rights
12. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Tenancy by the Entireties
Entrapment
Dying Declaration
13. 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
Ademption
Domicile
4th Amendment Search and Seizure
2nd Degree Murder
14. 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
Emancipation
Statute of Frauds
Duty to Minority Shareholders
15. 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.
Joint Tenancy w/ Right of Survivorship
Landlord Duties
Damages
Retraint on Alienation
16. 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
Theft
Title VII- Retaliatory Discharge
Treasure Trove
Defense of Minority
17. 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.
Procedural Due Process
Contract Formation
Age Discrimination
Retraint on Alienation
18. 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.
Codicil
Taxability of Embezzeled Property
Implied Warranty Construction Contract
Warranties/Disclaimers
19. 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
Anticipatory Repudiation
Deductibility of Restitution
Sharehold Derivative Suit
Excited Utterance
20. 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
Pat Down Search
Removal to Action to Federal Court
Board of Directors (Voting)
Revocation of Acceptance
21. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Present-sense Impression
Oral Agreements (SOF)
Fee Agreements
1st Amendment Free Association
22. 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.
Hearsay
Landlord Duties
Latent Ambiguity
CP (Motion for New Trial)
23. 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
Tax (Life Insurance Policy Proceeds)
Mutual Mistake
Theft by Deception
Special Warranty Deed
24. 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.
Present-sense Impression
Dying Declaration
RPC (Competence)
Notice for Special Meeting
25. 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
Theft by Deception
Joint Tenancy (Severance)
Standing
Deed (Delivery)
26. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Negligence (Malpractice)
Specially Manufactured Goods (SOF)
Unconcionable Contract Provision (UCC)
27. 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.
Terroristic Threats
Tenancy by the Entireties
Perjury
Tax (Life Insurance Policy Proceeds)
28. 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.
Defense of Minority
Excited Utterance
Hearsay
Estates (Advancement)
29. 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.
Standing
1st Degree Murder
Hearsay
Kidnapping
30. 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
Mitigation of Damages
Estates (Advancement)
Dormant Commerce Clause
Latent Ambiguity
31. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Lawyer Advertising
Attorney Contact w/ Represented Party
Deed (Delivery)
32. 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.
Statute of Frauds
Bona Fide Purchaser
Duty to Minority Shareholders
Estates (Intestate)
33. 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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34. 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.
2nd Degree Murder
Theft
Liability of Claims After Merger
Estates (Intestate)
35. Occurs when a person takes the property of another with intent to deprive them of it.
Prescriptive Easement
Will Requirements
Equitable Division
Theft
36. 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
Specially Manufactured Goods (SOF)
Liability of Directors (improper distribution)
Mitigation of Damages
Special Warranty Deed
37. A completed gift requires intent to make a gift and actual or constructive delivery sufficient to divest the giver of all dominion and invest the recipient therewith. The transfer of the registration of stock ownership on the books of the corporation
Title VII- Retaliatory Discharge
Gift of Stock
ADEA (shifting burdens)
2nd Degree Murder
38. 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.
Retraint on Alienation
Estates (Intestate)
Board of Directors (Voting)
Fed Tax (Advancement)
39. Govt employees have reasonable expectation of privacy in desk - file cabinets absent any contrary practices. Warrant not required for workplace search by Govt employer- search must be reasonable. Search must be reasonable at inception - related to in
Prescriptive Easement (scope)
4th Amendment Govt Employers
CP (New Matter/Answer)
Present-sense Impression
40. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Equitable Division
Negligence (Malpractice)
Bona Fide Purchaser
Recklessly Endangering
41. 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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42. 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
Latent Ambiguity
Fed Tax (Advancement)
Board of Directors (Voting)
43. 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.'
Protection From Abuse Order
Terroristic Threats
RPC (Competence)
Summary Jugment
44. 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
Estates (Advancement)
Age Discrimination
Alimony
2nd Degree Murder
45. 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
4th Amendment Govt Employers
Bequests
Special Warranty Deed
1st Amendment Free Speech
46. Liabilities of the disappearing corporation flow to the surviving corporation.
Age Discrimination
Liability of Claims After Merger
Dormant Commerce Clause
Theft
47. 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
Entrapment
Oral Agreements (SOF)
Taxability of Sale of Residence
48. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Conditional Devise
Revocation of Acceptance
Prescriptive Easement
Burglary
49. 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.
Prescriptive Easement (scope)
Liability of Directors (improper distribution)
Dormant Commerce Clause
Recording Statute
50. 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'.
Ademption
Age Discrimination
Usurpation of Corporate Opportunity (Remedies)
CP (New Matter/Answer)