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Test your basic knowledge |
PA Bar Exam
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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. Requires physical presence together with an intent to establish.
Estates (Intestate)
Treasure Trove
Domicile
Mutual Mistake
2. 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
Fed Tax (Advancement)
Title VII- Retaliatory Discharge
Conditional Devise
1st Amendment Free Association
3. 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
Equitable Division
Present-sense Impression
Emancipation
Special Warranty Deed
4. 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.
Kidnapping
Accord and Satisfaction
Domicile
Board of Directors (Voting)
5. 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.
Jgmt on the Pleadings
Board of Directors (Removal)
Accord and Satisfaction
Buyer's duties (rejected goods)
6. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Removal to Action to Federal Court
Prescriptive Easement (scope)
RPC (Competence)
Will Requirements
7. Generally - a parent is obligated to support his child who is under 18. If a court determines that a child under 18 is emancipated - support will terminate. In determining whether a child is emancipated - the Court will look at the child's age - mari
Will Requirements
Emancipation
Board of Directors (Removal)
Dormant Commerce Clause
8. Occurs when a person takes the property of another with intent to deprive them of it.
Taxability of Embezzeled Property
Applicability of Express Warranty
Theft
Attorney Work Product
9. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Lawyer Advertising
Marital Property
Specially Manufactured Goods (SOF)
Contract Formation
10. (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
Kidnapping
Jgmt on the Pleadings
Burglary
1st Amendment Free Association
11. 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
Unauthorized Practice of Law
Procedural Due Process
Bona Fide Purchaser
Notice for Special Meeting
12. 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.
Entrapment
Tax (Life Insurance Policy Proceeds)
Fee Agreements
1st Amendment Free Speech (Defamation
13. 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.
2nd Degree Murder
Taxability of Sale of Residence
Age Discrimination
Perjury
14. 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)
Deductibility of Restitution
Theft
Fed Tax (Advancement)
15. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Pre-Nuptial Agreements
ADEA (shifting burdens)
Incorporation by Reference
Title VII- Retaliatory Discharge
16. 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.
Bona Fide Purchaser
Prescriptive Easement (scope)
Hearsay
Destruction of Identified Goods
17. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Deductibility of Restitution
Ademption
Fee Agreements
Mitigation of Damages
18. 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.
Marital Property
Liability of Claims After Merger
Landlord Duties
Jgmt on the Pleadings
19. 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.
Corporate Opportunity
Domicile
Excited Utterance
Warranties/Disclaimers
20. 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
Tenancy by the Entireties
Defense of Minority
Liquidated Damages
Procedural Due Process
21. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Taxability of Embezzeled Property
Excited Utterance
Simple Assault
Kidnapping
22. Property obtained during the course of the marriage is marital property - subject to equitable division.
1st Amendment Free Speech
Marital Property
Treasure Trove
Retraint on Alienation
23. 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.
Jgmt on the Pleadings
Treasure Trove
Duty to Minority Shareholders
Removal to Action to Federal Court
24. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Simple Assault
Burglary
Special Warranty Deed
Unconcionable Contract Provision (UCC)
25. 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
Estates (Slayer's Act)
Devise of Encumbered Property
Receipt of Income
Ademption
26. 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.
Recklessly Endangering
Dying Declaration
Taxability of Embezzeled Property
Anticipatory Repudiation
27. 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.
Liability of Directors (improper distribution)
Oral Agreements (SOF)
Latent Ambiguity
Notice for Special Meeting
28. 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.
Ademption
Corporate Opportunity
Will Requirements
Entrapment
29. 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.
Impeachment
Gift of Stock
Unconcionable Contract Provision (UCC)
Summary Jugment
30. 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
Anticipatory Repudiation
Constructive Eviction
4th Amendment Govt Employers
Statute of Frauds
31. 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
Bequests
Restrictive Covenant (Enforcement)
Attorney Contact w/ Represented Party
ADEA (shifting burdens)
32. 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
Oral Agreements (SOF)
Proper Service of Complaint
Equitable Division
Accord and Satisfaction
33. 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.
Proper Service of Complaint
Equitable Division
Specially Manufactured Goods (SOF)
Estates (Intestate)
34. The right of election against the will of deceased spouse is 1/3 of the estate. The right of election can be waived in a prenuptial agreement - be forfeited by desertion - or be prohibited in certain circumstances when a divorce is pending.
Pretermitted Spouse
Attorney Contact w/ Represented Party
Hearsay
Impeachment
35. 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
Treasure Trove
Latent Ambiguity
RPC (Prospective Client)
36. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Present-sense Impression
Attorney Contact w/ Represented Party
Anticipatory Repudiation
37. 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.
Unauthorized Practice of Law
Implied Warranty Construction Contract
Protection From Abuse Order
4th Amendment Govt Employers
38. 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
1st Amendment Free Speech (Defamation
Attorney Work Product
Warranties/Disclaimers
Procedural Due Process
39. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Devise of Encumbered Property
Restrictions on Transferability of Stock
Latent Ambiguity
Liability of Claims After Merger
40. To establish legal malpractice - client must establish: 1) employment of the attorney or other basis for a duty - 2) the failure of the attorney to exercise ordinary skill and knowledge - and 3) that such negligence was the proximate cause of damage
Negligence (Malpractice)
Forgery
Criminal Conspiracy
Latent Ambiguity
41. 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
Fee Agreements
Codicil
1st Amendment Free Association
Restrictions on Transferability of Stock
42. 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.
Tenancy by the Entireties
Lawyer Advertising
CP (New Matter/Answer)
RPC (Competence)
43. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
4th Amendment Search and Seizure
Prescriptive Easement (scope)
Mutual Mistake
Criminal Conspiracy
44. 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.
Latent Ambiguity
Age Discrimination
Procedural Due Process
Retraint on Alienation
45. 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).
Gambling Winnings and Losses
Sharehold Derivative Suit
Joint Tenancy w/ Right of Survivorship
3rd Party Beneficiary
46. 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.
Estates (Slayer's Act)
2nd Degree Murder
Protection From Abuse Order
Will Requirements
47. 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.
Bona Fide Purchaser
Equitable Division
Defense of Minority
Estates (Intestate)
48. 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.
Privacy Rights
Prescriptive Easement (scope)
Notice for Special Meeting
Marital Property
49. 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
Deed (Delivery)
4th Amendment Search and Seizure
Buyer's duties (rejected goods)
RPC (Competence)
50. 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
Removal to Action to Federal Court
Domicile
Liquidated Damages
Latent Ambiguity
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