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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. 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.
CP (Motion for New Trial)
Simple Assault
Theft
Conditional Devise
2. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Recording Statute
Devise of Encumbered Property
Lay Opinion Testimony
Landlord Duties
3. Income from gambling constitutes gross taxable income - while losses may be deducted.
Pat Down Search
Mutual Mistake
Gambling Winnings and Losses
Warranties/Disclaimers
4. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Lawyer Advertising
Devise of Encumbered Property
Equitable Division
5. 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
Protection From Abuse Order
Theft by Deception
Liability of Claims After Merger
Duty to Minority Shareholders
6. 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
Equitable Division
Attorney-Client Communication
Pretermitted Spouse
RPC (Prospective Client)
7. (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
Attorney-Client Communication
Standing
Recklessly Endangering
Joint Tenancy w/ Right of Survivorship
8. 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
Strict Products Liability
Notice for Special Meeting
Lawyer Advertising
1st Amendment Free Speech (Defamation
9. 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.
Robbery
Prescriptive Easement (scope)
Kidnapping
Pre-Nuptial Agreements
10. 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.
Fed Tax (Advancement)
Notice for Special Meeting
Theft
Equitable Division
11. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Taxability of Sale of Residence
Dying Declaration
Loss of Consortium
12. Generally - a parent is obligated to support his child who is under 18. If a court determines that a child under 18 is emancipated - support will terminate. In determining whether a child is emancipated - the Court will look at the child's age - mari
Emancipation
Defense of Minority
Loss of Consortium
Receipt of Income
13. 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
CP (New Matter/Answer)
2nd Degree Murder
Ademption
Attorney Contact w/ Represented Party
14. 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.
Entrapment
Estates (Intestate)
Forgery
Impeachment
15. 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
Kidnapping
Anticipatory Repudiation
Defense of Minority
1st Amendment Free Speech
16. Majority shareholders owe fiduciary duty to minority shareholders not to freeze them out of the benefits that would normally accrue to them from the operations of the corporation.
Dying Declaration
Fee Agreements
Duty to Minority Shareholders
Accord and Satisfaction
17. 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
1st Amendment Free Speech (Defamation
Age Discrimination
Joint Tenancy (Severance)
Liability of Claims After Merger
18. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Implied Warranty Construction Contract
Equitable Division
Warranties/Disclaimers
Proper Service of Complaint
19. 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
Landlord Duties
Kidnapping
CP (New Matter/Answer)
20. 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
Anticipatory Repudiation
Unauthorized Practice of Law
Implied Warranty Construction Contract
Codicil
21. 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
Defense of Minority
Restrictive Covenant (Enforcement)
Simple Assault
22. 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.
Statute of Frauds
Usurpation of Corporate Opportunity (Remedies)
Destruction of Identified Goods
4th Amendment Govt Employers
23. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Board of Directors (Voting)
Title VII- Retaliatory Discharge
Specially Manufactured Goods (SOF)
Impeachment
24. 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
Restrictions on Transferability of Stock
Deductibility of Restitution
Constructive Eviction
3rd Party Beneficiary
25. 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
Tenancy by the Entireties
Burglary
Bona Fide Purchaser
Procedural Due Process
26. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Restrictive Covenant (Enforcement)
Special Warranty Deed
Joint Tenancy w/ Right of Survivorship
RPC (Competence)
27. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Accord and Satisfaction
Conditional Devise
Attorney Contact w/ Represented Party
28. 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.
Deed (Delivery)
2nd Degree Murder
Joint Tenancy (Severance)
Strict Products Liability
29. 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.
Corporate Opportunity
Present-sense Impression
Title VII- Retaliatory Discharge
Latent Ambiguity
30. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Board of Directors (Removal)
Mitigation of Damages
Estates (Intestate)
31. 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
Statute of Frauds
Present-sense Impression
Robbery
32. 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.'
Equitable Division
Tenancy by the Entireties
Protection From Abuse Order
Recklessly Endangering
33. 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).
Unauthorized Practice of Law
Liability of Claims After Merger
Impeachment
Dying Declaration
34. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Prescriptive Easement (scope)
Mitigation of Damages
Simple Assault
Recording Statute
35. 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.
Restrictions on Transferability of Stock
Representing Multiple Parties
Theft
Excited Utterance
36. 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.
Perjury
Loss of Consortium
Joint Tenancy (Severance)
1st Amendment Free Speech (Defamation
37. 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
Present-sense Impression
Procedural Due Process
Americans w/ Disabilites Act
Terroristic Threats
38. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Sharehold Derivative Suit
Lay Opinion Testimony
Estates (Advancement)
39. 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
Loss of Consortium
Title VII- Retaliatory Discharge
Equitable Division
Treasure Trove
40. 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
4th Amendment Search and Seizure
Fair Reporting Privilege
Equitable Division
Retraint on Alienation
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
Receiving Stolen Property
Liquidated Damages
Pre-Nuptial Agreements
Criminal Conspiracy
42. 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)
Strict Products Liability
Defense of Minority
Revocation of Acceptance
43. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Mutual Mistake
RPC (Prospective Client)
Gift of Stock
44. Occurs when a person takes the property of another with intent to deprive them of it.
Estates (Advancement)
Theft
1st Amendment Free Speech
Gambling Winnings and Losses
45. 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.
Pat Down Search
Title VII- Retaliatory Discharge
Mitigation of Damages
Merchants Confirming Memo
46. 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.
Mitigation of Damages
Sharehold Derivative Suit
Applicability of Express Warranty
Conditional Devise
47. 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
Impeachment
Fair Reporting Privilege
Dormant Commerce Clause
Constructive Eviction
48. 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
1st Amendment Free Speech
Theft by Deception
1st Amendment Free Association
Terroristic Threats
49. 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
2nd Degree Murder
Privacy Rights
Prescriptive Easement (scope)
Unauthorized Practice of Law
50. 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
Estates (Slayer's Act)
Prescriptive Easement (scope)
Equitable Division