Test your basic knowledge |

PA Bar Exam

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. 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.






2. 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).






3. 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.






4. 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.






5. Liabilities of the disappearing corporation flow to the surviving corporation.






6. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.






7. 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.






8. 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






9. 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.

Warning: Invalid argument supplied for foreach() in /var/www/html/basicversity.com/show_quiz.php on line 183


10. 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






11. 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






12. 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






13. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.






14. Offense occurs if a person without license or privilege by force enters an occupied structure of another.






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






16. 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






17. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.






18. An express warranty may be enforced by a third party beneficiary who was injured while a guest at the home of the purchaser of the goods to which the warranty applies.






19. 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.






20. 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.






21. 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






22. Occurs when a person takes the property of another with intent to deprive them of it.






23. 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.






24. 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.






25. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.






26. 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).






27. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.






28. 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.






29. 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






30. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.






31. 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.






32. 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






33. A 3rd party may enforce a contract if the recognition of a right to performance in the beneficiary will effectuate the intention of the parties and the performance will either (a) satisfy an obligation to pay money to the beneficiary; or (b) the circ






34. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.






35. 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






36. 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.






37. 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'






38. 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






39. 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.






40. 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.






41. 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.






42. 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






43. 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.






44. 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






45. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.






46. 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.






47. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.






48. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.






49. 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.






50. 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.