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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 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.
Retraint on Alienation
Recording Statute
Accord and Satisfaction
Notice for Special Meeting
2. 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
Representing Multiple Parties
Procedural Due Process
Destruction of Identified Goods
3. 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.
Hearsay
Theft by Deception
Joint Tenancy (Severance)
Unauthorized Practice of Law
4. 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
Tax (Life Insurance Policy Proceeds)
Corporate Opportunity
Marital Property
Liquidated Damages
5. 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.
Damages
Burglary
1st Amendment Free Speech
Conditional Devise
6. 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
Bequests
Lawyer Advertising
Marital Property
RPC (Prospective Client)
7. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Implied Warranty Construction Contract
Tax (Life Insurance Policy Proceeds)
Lay Opinion Testimony
1st Amendment Free Speech (Defamation
8. Restitution made is generally deductible in the year made.
Fair Reporting Privilege
Deductibility of Restitution
Dormant Commerce Clause
Pre-Nuptial Agreements
9. 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.
4th Amendment Govt Employers
Destruction of Identified Goods
Emancipation
Damages
10. 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.
Hearsay
Usurpation of Corporate Opportunity (Remedies)
Tax (Life Insurance Policy Proceeds)
Revocation of Acceptance
11. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Codicil
Representing Multiple Parties
Proper Service of Complaint
12. 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
Treasure Trove
ADEA (shifting burdens)
Age Discrimination
13. 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
Fed Tax (Advancement)
Receipt of Income
Equitable Division
1st Amendment Free Speech
14. 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
Dormant Commerce Clause
Liability of Directors (improper distribution)
Gambling Winnings and Losses
Present-sense Impression
15. 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.
Usurpation of Corporate Opportunity (Remedies)
Prescriptive Easement
Terroristic Threats
Dying Declaration
16. Requires physical presence together with an intent to establish.
Criminal Trespass
Removal to Action to Federal Court
Prescriptive Easement (scope)
Domicile
17. 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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18. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Jgmt on the Pleadings
Age Discrimination
Equitable Division
19. (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
Ademption
Jgmt on the Pleadings
Entrapment
Tax (Life Insurance Policy Proceeds)
20. 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)
Removal to Action to Federal Court
Bequests
Lay Opinion Testimony
21. 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
Implied Warranty Construction Contract
Joint Tenancy w/ Right of Survivorship
Accord and Satisfaction
Latent Ambiguity
22. Occurs when a person takes the property of another with intent to deprive them of it.
Contract Formation
Summary Jugment
Theft
Lawyer Advertising
23. 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.
Statute of Frauds
Age Discrimination
Will Requirements
Negligence (Malpractice)
24. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.
Loss of Consortium
Strict Products Liability
Tenancy by the Entireties
Notice for Special Meeting
25. 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
Taxability of Sale of Residence
Burglary
Taxability of Embezzeled Property
1st Amendment Free Speech (Defamation
26. 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
4th Amendment Search and Seizure
Latent Ambiguity
Liability of Claims After Merger
Supression of Evidence
27. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Applicability of Express Warranty
ADEA (shifting burdens)
Entrapment
Lawyer Advertising
28. (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
Robbery
Restrictive Covenant (Enforcement)
Attorney-Client Communication
Board of Directors (Removal)
29. 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.
Estates (Intestate)
Estates (Advancement)
Merchants Confirming Memo
Liquidated Damages
30. 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.
Merchants Confirming Memo
Codicil
Prescriptive Easement
Estates (Intestate)
31. 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
Recklessly Endangering
Criminal Trespass
Landlord Duties
Privacy Rights
32. 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.
Latent Ambiguity
Negligence (Malpractice)
Gambling Winnings and Losses
2nd Degree Murder
33. 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
Joint Tenancy (Severance)
Removal to Action to Federal Court
Strict Products Liability
Proper Service of Complaint
34. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Hearsay
Estates (Slayer's Act)
Lay Opinion Testimony
35. 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
Equitable Division
Implied Warranty Construction Contract
Negligence (Malpractice)
1st Degree Murder
36. 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
1st Amendment Free Association
Theft
Joint Tenancy (Severance)
Devise of Encumbered Property
37. 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.
Buyer's duties (rejected goods)
Joint Tenancy w/ Right of Survivorship
Summary Jugment
Fed Tax (Advancement)
38. The 14th Amendment protects against the deprivation of property or liberty without due process. At will employment does not establish a legitimate claim of continued employment to establish a property interest but 60 day notice provision supports exi
Contract Formation
Latent Ambiguity
Perjury
Procedural Due Process
39. 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'
Joint Tenancy (Severance)
Mitigation of Damages
Corporate Opportunity
Lawyer Advertising
40. 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
Usurpation of Corporate Opportunity (Remedies)
Estates (Advancement)
Simple Assault
41. 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)
Burglary
Unauthorized Practice of Law
Attorney-Client Communication
42. 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
Supression of Evidence
Taxability of Sale of Residence
Implied Warranty Construction Contract
Latent Ambiguity
43. 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
CP (New Matter/Answer)
Prescriptive Easement
Attorney Contact w/ Represented Party
Incorporation by Reference
44. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Procedural Due Process
Fair Reporting Privilege
Unauthorized Practice of Law
Restrictive Covenant (Enforcement)
45. 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.
Entrapment
Implied Warranty Construction Contract
Treasure Trove
Latent Ambiguity
46. 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
Alimony
Attorney Work Product
Jgmt on the Pleadings
Equitable Division
47. 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)
Contract Formation
Liability of Directors (improper distribution)
Gift of Stock
48. 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
Mutual Mistake
Representing Multiple Parties
Conditional Devise
Will Requirements
49. 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'.
Usurpation of Corporate Opportunity (Remedies)
Dormant Commerce Clause
Specially Manufactured Goods (SOF)
CP (New Matter/Answer)
50. 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
Restrictive Covenant (Enforcement)
Destruction of Identified Goods
4th Amendment Govt Employers
Bequests