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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. 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.
Contract Formation
Bona Fide Purchaser
Conditional Devise
Merchants Confirming Memo
2. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Loss of Consortium
Procedural Due Process
Criminal Trespass
Buyer's duties (rejected goods)
3. 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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4. 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
Revocation of Acceptance
Lawyer Advertising
Receiving Stolen Property
Liability of Directors (improper distribution)
5. 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
Entrapment
Emancipation
4th Amendment Govt Employers
4th Amendment Search and Seizure
6. 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.
Treasure Trove
Unconcionable Contract Provision (UCC)
Applicability of Express Warranty
4th Amendment Search and Seizure
7. 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.
Robbery
Proper Service of Complaint
Theft
Burglary
8. 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.
Tax (Life Insurance Policy Proceeds)
Emancipation
Summary Jugment
Buyer's duties (rejected goods)
9. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Fair Reporting Privilege
Title VII- Retaliatory Discharge
Simple Assault
1st Amendment Free Speech (Defamation
10. 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
Equitable Division
Recording Statute
Procedural Due Process
Codicil
11. 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.
Implied Warranty Construction Contract
RPC (Prospective Client)
2nd Degree Murder
Will Requirements
12. 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
Criminal Trespass
Fee Agreements
Americans w/ Disabilites Act
Protection From Abuse Order
13. 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
Pretermitted Spouse
Negligence (Malpractice)
Oral Agreements (SOF)
Marital Property
14. 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.
Defense of Minority
Destruction of Identified Goods
Warranties/Disclaimers
Usurpation of Corporate Opportunity (Remedies)
15. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Warranties/Disclaimers
Unauthorized Practice of Law
Fair Reporting Privilege
Revocation of Acceptance
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
Pat Down Search
Kidnapping
Summary Jugment
Dormant Commerce Clause
17. 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
RPC (Prospective Client)
Pat Down Search
Robbery
Receipt of Income
18. 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
Simple Assault
Criminal Trespass
1st Amendment Free Speech
Alimony
19. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Joint Tenancy (Severance)
Applicability of Express Warranty
Hearsay
20. Liabilities of the disappearing corporation flow to the surviving corporation.
Conditional Devise
Liability of Claims After Merger
Emancipation
Criminal Conspiracy
21. 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
Alimony
Pat Down Search
CP (New Matter/Answer)
Privacy Rights
22. 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)
Hearsay
Theft
Receiving Stolen Property
23. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
1st Amendment Free Speech (Defamation
Deductibility of Restitution
Recording Statute
24. 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.
Bona Fide Purchaser
Supression of Evidence
Summary Jugment
Equitable Division
25. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Prescriptive Easement (scope)
Notice for Special Meeting
1st Degree Murder
Removal to Action to Federal Court
26. 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
Kidnapping
1st Amendment Free Speech (Defamation
Special Warranty Deed
Theft by Deception
27. 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.
RPC (Prospective Client)
Liability of Claims After Merger
Statute of Frauds
Gambling Winnings and Losses
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.
Fed Tax (Advancement)
Codicil
Age Discrimination
Board of Directors (Voting)
29. 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.
Estates (Intestate)
Representing Multiple Parties
1st Amendment Free Speech
Usurpation of Corporate Opportunity (Remedies)
30. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Tenancy by the Entireties
Recording Statute
Present-sense Impression
Anticipatory Repudiation
31. Restitution made is generally deductible in the year made.
Taxability of Sale of Residence
Prescriptive Easement (scope)
CP (Motion for New Trial)
Deductibility of Restitution
32. 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
Tenancy by the Entireties
Special Warranty Deed
Protection From Abuse Order
Joint Tenancy (Severance)
33. 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
Bona Fide Purchaser
Protection From Abuse Order
Supression of Evidence
Pretermitted Spouse
34. 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
Equitable Division
Dying Declaration
Loss of Consortium
Standing
35. 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.
Present-sense Impression
Tenancy by the Entireties
Standing
4th Amendment Search and Seizure
36. 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).
Conditional Devise
Joint Tenancy w/ Right of Survivorship
Merchants Confirming Memo
Equitable Division
37. 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)
Marital Property
Unconcionable Contract Provision (UCC)
Burglary
38. 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.'
Terroristic Threats
Protection From Abuse Order
Attorney Contact w/ Represented Party
Privacy Rights
39. 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
Pre-Nuptial Agreements
Estates (Slayer's Act)
Ademption
Attorney Work Product
40. 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)
1st Amendment Free Speech
Retraint on Alienation
RPC (Prospective Client)
41. 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
ADEA (shifting burdens)
Criminal Trespass
Receiving Stolen Property
42. 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
Age Discrimination
Standing
Gift of Stock
Present-sense Impression
43. 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
Treasure Trove
Terroristic Threats
Dormant Commerce Clause
1st Amendment Free Speech
44. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Impeachment
Criminal Conspiracy
Dying Declaration
Landlord Duties
45. 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.
Taxability of Sale of Residence
Americans w/ Disabilites Act
Dormant Commerce Clause
Pretermitted Spouse
46. 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.
Excited Utterance
Dying Declaration
Notice for Special Meeting
Tenancy by the Entireties
47. Occurs when a person takes the property of another with intent to deprive them of it.
4th Amendment Govt Employers
Criminal Trespass
Anticipatory Repudiation
Theft
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.
Attorney Contact w/ Represented Party
Terroristic Threats
Liability of Directors (improper distribution)
Equitable Division
49. 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
Attorney Work Product
Will Requirements
Taxability of Sale of Residence
Incorporation by Reference
50. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Taxability of Sale of Residence
Present-sense Impression
Dying Declaration