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






2. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.






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






4. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.






5. Cash basis taxpayers report income when received or under the dominion and control of the taxpayer. Dividends are included in gross income. Receipt of a gift is not income.






6. 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






7. 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.






8. 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






9. A contract for a testamentary bequest will not be enforced unless the will contains material provisions of the contract - or there is an express reference in the will to the contract plus extrinsic evidence thereof - or there is a separate non-testam






10. 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.






11. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.






12. 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






13. 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.






14. 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.






15. 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






16. 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






17. 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.






18. 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

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


19. (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






20. 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.






21. 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






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






23. 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






24. 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.






25. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.






26. 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






27. 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






28. 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.






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






30. 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.






31. 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






32. 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.






33. 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


34. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






35. Property obtained during the course of the marriage is marital property - subject to equitable division.






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






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






38. 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.






39. Door-to-door solicitation is a protected form of expression under the 1st Amendment. Infringement on the right requires an important govt. interest that is directly served by the regulation sought to be imposed - and must not be overly broad by precl






40. Buyer can revoke acceptance of goods if goods were accepted without discovery of the defect in the goods and buyer relied upon assurances of the seller in accepting the goods.






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.






42. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.






43. 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






44. 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






45. 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






46. 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






47. 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






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






49. 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.






50. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.