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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. 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).
Joint Tenancy w/ Right of Survivorship
Dying Declaration
Implied Warranty Construction Contract
Notice for Special Meeting
2. An offer can be accepted by performance. Necessity of knowledge of an offer to create a power of acceptance. Acquisition of knowledge during performance but prior to completion creates power of acceptance.
1st Amendment Free Association
Loss of Consortium
Privacy Rights
Contract Formation
3. Minority or lack of capacity can be asserted as a defense to a contract. Contract made by a minor is voidable. Contract made by a minor involving a necessity or necessary - or which is not disaffirmed by the minor within a reasonable time after reach
Codicil
Defense of Minority
Representing Multiple Parties
Receiving Stolen Property
4. 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
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5. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Latent Ambiguity
Restrictions on Transferability of Stock
Landlord Duties
Pre-Nuptial Agreements
6. 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
Codicil
Deed (Delivery)
Constructive Eviction
1st Amendment Free Speech
7. 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.
Taxability of Embezzeled Property
Negligence (Malpractice)
Usurpation of Corporate Opportunity (Remedies)
Buyer's duties (rejected goods)
8. 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.
Accord and Satisfaction
Tenancy by the Entireties
Contract Formation
Receipt of Income
9. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Pat Down Search
Codicil
1st Degree Murder
10. 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.
4th Amendment Govt Employers
Corporate Opportunity
RPC (Competence)
Taxability of Embezzeled Property
11. 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
Destruction of Identified Goods
Dormant Commerce Clause
Tax (Life Insurance Policy Proceeds)
Duty to Minority Shareholders
12. 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
4th Amendment Govt Employers
Liquidated Damages
Attorney Contact w/ Represented Party
Incorporation by Reference
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.
Pat Down Search
Privacy Rights
Merchants Confirming Memo
Will Requirements
14. 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.
Revocation of Acceptance
Representing Multiple Parties
Landlord Duties
Loss of Consortium
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
Prescriptive Easement
Emancipation
Anticipatory Repudiation
Liability of Directors (improper distribution)
16. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Attorney Work Product
CP (New Matter/Answer)
1st Amendment Free Speech
17. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Present-sense Impression
Treasure Trove
Estates (Intestate)
Jgmt on the Pleadings
18. 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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19. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Tenancy by the Entireties
Prescriptive Easement
Duty to Minority Shareholders
Specially Manufactured Goods (SOF)
20. 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'
Perjury
Lawyer Advertising
Dormant Commerce Clause
Anticipatory Repudiation
21. 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
Bona Fide Purchaser
Fed Tax (Advancement)
Gambling Winnings and Losses
Theft
22. 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)
Statute of Frauds
Privacy Rights
Title VII- Retaliatory Discharge
23. 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.
Burglary
Entrapment
Duty to Minority Shareholders
Fed Tax (Advancement)
24. 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
Excited Utterance
Entrapment
3rd Party Beneficiary
25. 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
Robbery
Restrictions on Transferability of Stock
Emancipation
26. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Equitable Division
Marital Property
Gambling Winnings and Losses
27. 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
Anticipatory Repudiation
Revocation of Acceptance
Ademption
Dormant Commerce Clause
28. 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
Proper Service of Complaint
Joint Tenancy (Severance)
Estates (Advancement)
1st Degree Murder
29. 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.
1st Degree Murder
Prescriptive Easement (scope)
Entrapment
Buyer's duties (rejected goods)
30. 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.
1st Amendment Free Association
Marital Property
Conditional Devise
Impeachment
31. 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
Estates (Intestate)
Americans w/ Disabilites Act
1st Amendment Free Speech
Bona Fide Purchaser
32. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Recklessly Endangering
Theft by Deception
Special Warranty Deed
Applicability of Express Warranty
33. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed
Tax (Life Insurance Policy Proceeds)
Damages
Anticipatory Repudiation
Gambling Winnings and Losses
34. 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
Mitigation of Damages
Taxability of Sale of Residence
Accord and Satisfaction
Theft
35. 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.
Liability of Directors (improper distribution)
Summary Jugment
Board of Directors (Removal)
Age Discrimination
36. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Fair Reporting Privilege
Lawyer Advertising
Attorney Contact w/ Represented Party
37. Income from gambling constitutes gross taxable income - while losses may be deducted.
Hearsay
Age Discrimination
Deed (Delivery)
Gambling Winnings and Losses
38. 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.
Fee Agreements
Attorney-Client Communication
Restrictions on Transferability of Stock
Summary Jugment
39. Liabilities of the disappearing corporation flow to the surviving corporation.
Board of Directors (Removal)
Liability of Claims After Merger
Codicil
Lawyer Advertising
40. 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
Loss of Consortium
Strict Products Liability
ADEA (shifting burdens)
Representing Multiple Parties
41. 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.
Statute of Frauds
Buyer's duties (rejected goods)
Jgmt on the Pleadings
Lay Opinion Testimony
42. 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
Retraint on Alienation
Devise of Encumbered Property
Supression of Evidence
43. 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
Codicil
Bona Fide Purchaser
1st Amendment Free Speech
2nd Degree Murder
44. 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).
Robbery
1st Amendment Free Association
Impeachment
CP (New Matter/Answer)
45. 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
Perjury
Damages
Joint Tenancy (Severance)
Simple Assault
46. 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
Fee Agreements
Pat Down Search
Loss of Consortium
CP (Motion for New Trial)
47. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Destruction of Identified Goods
Estates (Advancement)
Will Requirements
Criminal Conspiracy
48. 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.
Receiving Stolen Property
Attorney Contact w/ Represented Party
1st Amendment Free Speech (Defamation
Pat Down Search
49. 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.
Buyer's duties (rejected goods)
Lay Opinion Testimony
Landlord Duties
2nd Degree Murder
50. 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
Revocation of Acceptance
Will Requirements
Fee Agreements
Sharehold Derivative Suit