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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. 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.
Recklessly Endangering
Corporate Opportunity
Will Requirements
Representing Multiple Parties
2. 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
Lawyer Advertising
Standing
ADEA (shifting burdens)
Equitable Division
3. 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.
Present-sense Impression
Retraint on Alienation
Latent Ambiguity
Implied Warranty Construction Contract
4. 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)
Applicability of Express Warranty
Recording Statute
Excited Utterance
5. 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
Mitigation of Damages
RPC (Prospective Client)
Unconcionable Contract Provision (UCC)
4th Amendment Search and Seizure
6. 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
Criminal Trespass
Accord and Satisfaction
Americans w/ Disabilites Act
Sharehold Derivative Suit
7. 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.
Receipt of Income
Estates (Intestate)
Constructive Eviction
Conditional Devise
8. 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.
Attorney Work Product
Landlord Duties
Present-sense Impression
Corporate Opportunity
9. 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.
1st Degree Murder
Incorporation by Reference
Pat Down Search
Excited Utterance
10. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Sharehold Derivative Suit
Unconcionable Contract Provision (UCC)
Corporate Opportunity
Equitable Division
11. 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.
Merchants Confirming Memo
Statute of Frauds
Theft
Revocation of Acceptance
12. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Usurpation of Corporate Opportunity (Remedies)
Pre-Nuptial Agreements
Latent Ambiguity
Duty to Minority Shareholders
13. 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
Warranties/Disclaimers
Mitigation of Damages
Dying Declaration
Strict Products Liability
14. 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.
Duty to Minority Shareholders
Age Discrimination
Protection From Abuse Order
Forgery
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)
Fed Tax (Advancement)
Kidnapping
Dying Declaration
16. 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
Special Warranty Deed
Estates (Advancement)
Unconcionable Contract Provision (UCC)
Warranties/Disclaimers
17. 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
Gambling Winnings and Losses
Simple Assault
Applicability of Express Warranty
18. Restitution made is generally deductible in the year made.
Incorporation by Reference
Deductibility of Restitution
Simple Assault
Retraint on Alienation
19. 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
Taxability of Embezzeled Property
Board of Directors (Voting)
Summary Jugment
Loss of Consortium
20. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Merchants Confirming Memo
Oral Agreements (SOF)
Statute of Frauds
Protection From Abuse Order
21. 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)
Removal to Action to Federal Court
Domicile
Dormant Commerce Clause
22. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Simple Assault
Title VII- Retaliatory Discharge
Prescriptive Easement
Alimony
23. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Restrictions on Transferability of Stock
Lay Opinion Testimony
Title VII- Retaliatory Discharge
Joint Tenancy w/ Right of Survivorship
24. 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
Equitable Division
Perjury
Defense of Minority
Entrapment
25. 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.
Usurpation of Corporate Opportunity (Remedies)
Age Discrimination
Terroristic Threats
Retraint on Alienation
26. 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
Impeachment
Damages
Representing Multiple Parties
Specially Manufactured Goods (SOF)
27. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Landlord Duties
Taxability of Embezzeled Property
Contract Formation
28. 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
Criminal Trespass
CP (Motion for New Trial)
Hearsay
Liability of Directors (improper distribution)
29. 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.
Entrapment
Proper Service of Complaint
1st Amendment Free Speech
Codicil
30. 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
Applicability of Express Warranty
Bona Fide Purchaser
Attorney Work Product
Strict Products Liability
31. Liabilities of the disappearing corporation flow to the surviving corporation.
Mutual Mistake
Notice for Special Meeting
CP (Motion for New Trial)
Liability of Claims After Merger
32. 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.
Representing Multiple Parties
Ademption
4th Amendment Govt Employers
Gambling Winnings and Losses
33. 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
4th Amendment Govt Employers
Privacy Rights
Receiving Stolen Property
1st Amendment Free Speech (Defamation
34. 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
Liquidated Damages
Equitable Division
Warranties/Disclaimers
Board of Directors (Removal)
35. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
1st Amendment Free Speech (Defamation
Proper Service of Complaint
Receiving Stolen Property
Fed Tax (Advancement)
36. 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.
Age Discrimination
Bequests
Devise of Encumbered Property
Oral Agreements (SOF)
37. Standing requires an injury to P fairly traceable to the Ds conduct. An organization may have standing to sue on behalf of its members if the members would have standing - the interests it seeks to protect are germane to its purpose - and neither the
Taxability of Embezzeled Property
Standing
Loss of Consortium
Representing Multiple Parties
38. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
1st Degree Murder
Implied Warranty Construction Contract
Burglary
Attorney-Client Communication
39. 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
Alimony
1st Amendment Free Speech (Defamation
Pat Down Search
Bequests
40. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Representing Multiple Parties
Restrictions on Transferability of Stock
Fair Reporting Privilege
ADEA (shifting burdens)
41. 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
Liability of Directors (improper distribution)
3rd Party Beneficiary
Deed (Delivery)
Bona Fide Purchaser
42. 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).
Negligence (Malpractice)
Impeachment
Marital Property
Treasure Trove
43. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Usurpation of Corporate Opportunity (Remedies)
Landlord Duties
Criminal Trespass
Taxability of Sale of Residence
44. 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
1st Amendment Free Association
Taxability of Sale of Residence
Incorporation by Reference
45. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Special Warranty Deed
Criminal Trespass
Kidnapping
Marital Property
46. 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.
Simple Assault
4th Amendment Govt Employers
Receipt of Income
Liquidated Damages
47. 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
Receipt of Income
Latent Ambiguity
Supression of Evidence
Pat Down Search
48. 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.
Alimony
Oral Agreements (SOF)
Special Warranty Deed
Taxability of Embezzeled Property
49. 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.
Gambling Winnings and Losses
Alimony
CP (Motion for New Trial)
1st Amendment Free Speech (Defamation
50. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Attorney-Client Communication
Attorney Work Product
Emancipation
Title VII- Retaliatory Discharge