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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. 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.
Theft by Deception
Codicil
Americans w/ Disabilites Act
Statute of Frauds
2. 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
Standing
Joint Tenancy (Severance)
RPC (Prospective Client)
Ademption
3. 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).
Impeachment
Strict Products Liability
Jgmt on the Pleadings
Estates (Slayer's Act)
4. Party injured as a result of breach of contract is required to use ordinary care and diligence to minimize losses. Amount recoverable by injured party is reduced by avoidable losses.
Latent Ambiguity
Strict Products Liability
Age Discrimination
Mitigation of Damages
5. 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)
Domicile
Unauthorized Practice of Law
Receipt of Income
6. 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.
Implied Warranty Construction Contract
Jgmt on the Pleadings
RPC (Prospective Client)
Dying Declaration
7. 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
Standing
RPC (Competence)
Duty to Minority Shareholders
Dormant Commerce Clause
8. When a complaint is filed after the expiration of the 2 yr. SOL - the SOL should be raised as an affirmative defense in a responsive pleading under a heading of 'New Matter'.
Estates (Advancement)
CP (New Matter/Answer)
Statute of Frauds
Present-sense Impression
9. 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
Criminal Trespass
Constructive Eviction
Board of Directors (Voting)
RPC (Prospective Client)
10. 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
Joint Tenancy (Severance)
Tax (Life Insurance Policy Proceeds)
Negligence (Malpractice)
Constructive Eviction
11. 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.
Recording Statute
Landlord Duties
Special Warranty Deed
Gambling Winnings and Losses
12. 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.
Fee Agreements
Estates (Advancement)
Duty to Minority Shareholders
Dying Declaration
13. 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.
Board of Directors (Voting)
Privacy Rights
Applicability of Express Warranty
1st Amendment Free Association
14. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Domicile
Marital Property
Hearsay
15. 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
Fed Tax (Advancement)
Recklessly Endangering
Damages
Tax (Life Insurance Policy Proceeds)
16. 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.
Criminal Conspiracy
Present-sense Impression
Sharehold Derivative Suit
Treasure Trove
17. 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.
Tenancy by the Entireties
CP (Motion for New Trial)
Landlord Duties
Latent Ambiguity
18. 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
Gift of Stock
Conditional Devise
4th Amendment Govt Employers
Terroristic Threats
19. 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
Liquidated Damages
Oral Agreements (SOF)
Restrictive Covenant (Enforcement)
Equitable Division
20. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
ADEA (shifting burdens)
Board of Directors (Removal)
Joint Tenancy w/ Right of Survivorship
21. 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
Mitigation of Damages
Special Warranty Deed
Pre-Nuptial Agreements
Alimony
22. 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
23. 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
Latent Ambiguity
Pat Down Search
Board of Directors (Removal)
Board of Directors (Voting)
24. 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
Latent Ambiguity
Kidnapping
Title VII- Retaliatory Discharge
Deed (Delivery)
25. 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'
CP (Motion for New Trial)
Lawyer Advertising
Damages
Retraint on Alienation
26. Only actions which fall within original jurisdiction of the District Court can be removed. Identification of federal question and diversity of citizenship as grounds for jurisdiction.
Unconcionable Contract Provision (UCC)
Tenancy by the Entireties
Negligence (Malpractice)
Removal to Action to Federal Court
27. 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
Applicability of Express Warranty
Equitable Division
28. 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.
Ademption
4th Amendment Govt Employers
Present-sense Impression
Hearsay
29. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
CP (Motion for New Trial)
Age Discrimination
Sharehold Derivative Suit
30. 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
Procedural Due Process
Negligence (Malpractice)
Will Requirements
Prescriptive Easement
31. 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
Tenancy by the Entireties
Fee Agreements
Americans w/ Disabilites Act
32. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Unconcionable Contract Provision (UCC)
Applicability of Express Warranty
Bona Fide Purchaser
Lay Opinion Testimony
33. Restitution made is generally deductible in the year made.
Restrictions on Transferability of Stock
Usurpation of Corporate Opportunity (Remedies)
Kidnapping
Deductibility of Restitution
34. (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
Removal to Action to Federal Court
Marital Property
Attorney-Client Communication
CP (Motion for New Trial)
35. Liabilities of the disappearing corporation flow to the surviving corporation.
Restrictive Covenant (Enforcement)
Mutual Mistake
Liability of Claims After Merger
Age Discrimination
36. 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
Restrictions on Transferability of Stock
Tenancy by the Entireties
Ademption
37. 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.
Special Warranty Deed
Domicile
Receipt of Income
Summary Jugment
38. 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.
Gambling Winnings and Losses
Strict Products Liability
Attorney Contact w/ Represented Party
Supression of Evidence
39. 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
Attorney Contact w/ Represented Party
RPC (Prospective Client)
Joint Tenancy w/ Right of Survivorship
Representing Multiple Parties
40. 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
Accord and Satisfaction
Joint Tenancy (Severance)
RPC (Competence)
RPC (Prospective Client)
41. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Bona Fide Purchaser
Specially Manufactured Goods (SOF)
Burglary
Prescriptive Easement
42. 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
Liability of Directors (improper distribution)
Board of Directors (Removal)
Americans w/ Disabilites Act
Deductibility of Restitution
43. 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
1st Amendment Free Association
Defense of Minority
4th Amendment Govt Employers
Bequests
44. 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.
Bequests
Dormant Commerce Clause
Latent Ambiguity
Impeachment
45. 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.
Restrictive Covenant (Enforcement)
Liquidated Damages
Perjury
Usurpation of Corporate Opportunity (Remedies)
46. 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
3rd Party Beneficiary
Privacy Rights
Theft by Deception
Present-sense Impression
47. 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
Emancipation
1st Amendment Free Speech
Receipt of Income
Loss of Consortium
48. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Liability of Claims After Merger
Criminal Trespass
Gift of Stock
Defense of Minority
49. 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.
Entrapment
Tax (Life Insurance Policy Proceeds)
Landlord Duties
Supression of Evidence
50. 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
Marital Property
Present-sense Impression
Joint Tenancy (Severance)
Attorney Contact w/ Represented Party