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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. Warranty of habitability or reasonable workmanship is implied by law in every contract where a builder-vendor sells a new home to a residential purchaser.
Usurpation of Corporate Opportunity (Remedies)
Hearsay
Special Warranty Deed
Implied Warranty Construction Contract
2. 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
Present-sense Impression
Privacy Rights
Emancipation
3. 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
Devise of Encumbered Property
Conditional Devise
Defense of Minority
Restrictive Covenant (Enforcement)
4. 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
1st Degree Murder
Dormant Commerce Clause
Equitable Division
Notice for Special Meeting
5. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Proper Service of Complaint
Impeachment
Prescriptive Easement
6. 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.
Gift of Stock
Sharehold Derivative Suit
Age Discrimination
Corporate Opportunity
7. 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
Unauthorized Practice of Law
Privacy Rights
Representing Multiple Parties
Burglary
8. 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.
Taxability of Sale of Residence
Prescriptive Easement
Proper Service of Complaint
Notice for Special Meeting
9. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Representing Multiple Parties
Perjury
Liquidated Damages
10. 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.
Attorney-Client Communication
Anticipatory Repudiation
Duty to Minority Shareholders
Fair Reporting Privilege
11. (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
Taxability of Embezzeled Property
Unauthorized Practice of Law
Privacy Rights
Attorney-Client Communication
12. 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.
Terroristic Threats
Statute of Frauds
1st Amendment Free Speech (Defamation
Representing Multiple Parties
13. 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
Burglary
Marital Property
Will Requirements
RPC (Prospective Client)
14. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Latent Ambiguity
Accord and Satisfaction
Loss of Consortium
15. 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
Pretermitted Spouse
Latent Ambiguity
Special Warranty Deed
Specially Manufactured Goods (SOF)
16. 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
Estates (Slayer's Act)
Deed (Delivery)
Supression of Evidence
Applicability of Express Warranty
17. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Equitable Division
Tenancy by the Entireties
Conditional Devise
Fair Reporting Privilege
18. 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'
1st Amendment Free Speech (Defamation
Lawyer Advertising
CP (Motion for New Trial)
Strict Products Liability
19. 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
Alimony
Proper Service of Complaint
Equitable Division
Standing
20. 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
Fair Reporting Privilege
Privacy Rights
Applicability of Express Warranty
Unauthorized Practice of Law
21. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Liability of Claims After Merger
1st Amendment Free Speech
Damages
Simple Assault
22. 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.
Duty to Minority Shareholders
Marital Property
Supression of Evidence
Usurpation of Corporate Opportunity (Remedies)
23. The proceeds of a life insurance policy are generally not gross income to the beneficiary. The proceeds of a life insurance policy are gross income if the policy was transferred for value. The value of the consideration given by the beneficiary in ex
Tax (Life Insurance Policy Proceeds)
Special Warranty Deed
Emancipation
Codicil
24. 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
Receipt of Income
1st Amendment Free Association
Corporate Opportunity
Robbery
25. 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
4th Amendment Govt Employers
Hearsay
Gift of Stock
Estates (Intestate)
26. Liabilities of the disappearing corporation flow to the surviving corporation.
Protection From Abuse Order
Liability of Claims After Merger
Forgery
Impeachment
27. 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.
Impeachment
Attorney Contact w/ Represented Party
Dormant Commerce Clause
CP (Motion for New Trial)
28. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Notice for Special Meeting
Treasure Trove
Entrapment
Restrictive Covenant (Enforcement)
29. 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.
Will Requirements
Recording Statute
Lawyer Advertising
Simple Assault
30. 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.
Notice for Special Meeting
Kidnapping
Defense of Minority
Statute of Frauds
31. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
ADEA (shifting burdens)
Robbery
Pretermitted Spouse
Fee Agreements
32. 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
Recklessly Endangering
Bequests
Retraint on Alienation
Kidnapping
33. 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
Title VII- Retaliatory Discharge
Landlord Duties
Ademption
Bequests
34. 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.
Theft by Deception
Oral Agreements (SOF)
Corporate Opportunity
Receiving Stolen Property
35. 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
Latent Ambiguity
Loss of Consortium
Burglary
36. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Jgmt on the Pleadings
Constructive Eviction
Alimony
37. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
RPC (Prospective Client)
Oral Agreements (SOF)
Gambling Winnings and Losses
ADEA (shifting burdens)
38. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Excited Utterance
Unconcionable Contract Provision (UCC)
Treasure Trove
Applicability of Express Warranty
39. 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.
CP (Motion for New Trial)
Anticipatory Repudiation
Taxability of Embezzeled Property
Age Discrimination
40. Property obtained during the course of the marriage is marital property - subject to equitable division.
Constructive Eviction
Landlord Duties
Gift of Stock
Marital Property
41. 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
Oral Agreements (SOF)
RPC (Prospective Client)
CP (Motion for New Trial)
4th Amendment Govt Employers
42. 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
Implied Warranty Construction Contract
Strict Products Liability
Burglary
Fee Agreements
43. 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
Equitable Division
Entrapment
Taxability of Sale of Residence
44. 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.
Usurpation of Corporate Opportunity (Remedies)
Estates (Advancement)
Impeachment
Equitable Division
45. 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.
Domicile
Present-sense Impression
Damages
Conditional Devise
46. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Recklessly Endangering
4th Amendment Govt Employers
RPC (Competence)
1st Amendment Free Speech (Defamation
47. 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.
Taxability of Embezzeled Property
Receipt of Income
CP (Motion for New Trial)
1st Amendment Free Speech (Defamation
48. 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.
Latent Ambiguity
Title VII- Retaliatory Discharge
Loss of Consortium
Duty to Minority Shareholders
49. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Damages
Receiving Stolen Property
Title VII- Retaliatory Discharge
50. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
1st Amendment Free Association
4th Amendment Search and Seizure
Pre-Nuptial Agreements