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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. 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
Damages
Strict Products Liability
Forgery
Lay Opinion Testimony
2. Occurs when a person takes the property of another with intent to deprive them of it.
Tenancy by the Entireties
Incorporation by Reference
Theft
Fee Agreements
3. 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
Mutual Mistake
Protection From Abuse Order
Attorney Work Product
Latent Ambiguity
4. Income from gambling constitutes gross taxable income - while losses may be deducted.
Mitigation of Damages
Gambling Winnings and Losses
Domicile
Estates (Advancement)
5. At the time he was terminated - P was within the class protected by the ADEA - he was otherwise qualified for his job - he was discharged by D - and D employed a substantially younger person for his position.
Warranties/Disclaimers
Specially Manufactured Goods (SOF)
Age Discrimination
Restrictive Covenant (Enforcement)
6. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Robbery
Unconcionable Contract Provision (UCC)
Defense of Minority
Jgmt on the Pleadings
7. Liabilities of the disappearing corporation flow to the surviving corporation.
Mutual Mistake
Liability of Claims After Merger
Taxability of Sale of Residence
Simple Assault
8. 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
Privacy Rights
Taxability of Embezzeled Property
Strict Products Liability
9. Property obtained during the course of the marriage is marital property - subject to equitable division.
Will Requirements
Incorporation by Reference
Marital Property
Burglary
10. A direct or indirect threat to commit a crime with intent to terrorize.
Estates (Intestate)
Codicil
Warranties/Disclaimers
Terroristic Threats
11. 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
Marital Property
Procedural Due Process
4th Amendment Search and Seizure
Mutual Mistake
12. 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
Implied Warranty Construction Contract
Privacy Rights
Estates (Intestate)
Pre-Nuptial Agreements
13. 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.
Restrictive Covenant (Enforcement)
Board of Directors (Voting)
Prescriptive Easement (scope)
Criminal Trespass
14. 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
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
Recording Statute
Liability of Directors (improper distribution)
Liability of Claims After Merger
Prescriptive Easement (scope)
16. 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
Jgmt on the Pleadings
Estates (Advancement)
Joint Tenancy (Severance)
Incorporation by Reference
17. 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
Deed (Delivery)
Prescriptive Easement (scope)
Gift of Stock
Privacy Rights
18. 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.
Summary Jugment
Oral Agreements (SOF)
Sharehold Derivative Suit
Liability of Directors (improper distribution)
19. 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
RPC (Competence)
Terroristic Threats
Implied Warranty Construction Contract
Kidnapping
20. A contract for a testamentary bequest will not be enforced unless the will contains material provisions of the contract - or there is an express reference in the will to the contract plus extrinsic evidence thereof - or there is a separate non-testam
Revocation of Acceptance
Bequests
RPC (Competence)
Estates (Slayer's Act)
21. 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.
Corporate Opportunity
Applicability of Express Warranty
Unauthorized Practice of Law
Robbery
22. 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.
Restrictive Covenant (Enforcement)
Landlord Duties
Revocation of Acceptance
Destruction of Identified Goods
23. 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
Dying Declaration
Negligence (Malpractice)
Simple Assault
ADEA (shifting burdens)
24. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Restrictive Covenant (Enforcement)
Taxability of Sale of Residence
Latent Ambiguity
25. 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
Tax (Life Insurance Policy Proceeds)
Hearsay
Mutual Mistake
Receipt of Income
26. 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
Fee Agreements
Implied Warranty Construction Contract
Buyer's duties (rejected goods)
27. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Privacy Rights
Merchants Confirming Memo
Jgmt on the Pleadings
28. Govt employees have reasonable expectation of privacy in desk - file cabinets absent any contrary practices. Warrant not required for workplace search by Govt employer- search must be reasonable. Search must be reasonable at inception - related to in
Latent Ambiguity
4th Amendment Govt Employers
Statute of Frauds
Representing Multiple Parties
29. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Board of Directors (Removal)
Estates (Advancement)
Sharehold Derivative Suit
Duty to Minority Shareholders
30. 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.
Corporate Opportunity
Gift of Stock
Applicability of Express Warranty
Board of Directors (Voting)
31. 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.
Supression of Evidence
Theft by Deception
Pretermitted Spouse
Bona Fide Purchaser
32. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Marital Property
Lay Opinion Testimony
Americans w/ Disabilites Act
Estates (Advancement)
33. 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)
Retraint on Alienation
Destruction of Identified Goods
Restrictive Covenant (Enforcement)
34. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Revocation of Acceptance
CP (Motion for New Trial)
Simple Assault
Notice for Special Meeting
35. 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
Ademption
Equitable Division
Revocation of Acceptance
Alimony
36. 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
Age Discrimination
Conditional Devise
Restrictive Covenant (Enforcement)
Estates (Advancement)
37. 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.
Supression of Evidence
Bequests
Representing Multiple Parties
Restrictive Covenant (Enforcement)
38. 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
Loss of Consortium
Oral Agreements (SOF)
Lawyer Advertising
Americans w/ Disabilites Act
39. Restitution made is generally deductible in the year made.
Special Warranty Deed
Will Requirements
Deductibility of Restitution
Domicile
40. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Joint Tenancy (Severance)
Revocation of Acceptance
Corporate Opportunity
41. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
Entrapment
Tax (Life Insurance Policy Proceeds)
Estates (Advancement)
42. 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.
Dying Declaration
Mitigation of Damages
Impeachment
Conditional Devise
43. 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.
Representing Multiple Parties
Unconcionable Contract Provision (UCC)
Fair Reporting Privilege
Estates (Intestate)
44. 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
Deed (Delivery)
Joint Tenancy (Severance)
1st Amendment Free Speech (Defamation
CP (Motion for New Trial)
45. 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)
Codicil
Buyer's duties (rejected goods)
Ademption
46. 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.
Latent Ambiguity
Title VII- Retaliatory Discharge
Taxability of Embezzeled Property
Negligence (Malpractice)
47. 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
Destruction of Identified Goods
Estates (Slayer's Act)
Taxability of Embezzeled Property
48. 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.
Corporate Opportunity
Entrapment
4th Amendment Govt Employers
Lay Opinion Testimony
49. 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
Bequests
Deductibility of Restitution
50. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Marital Property
Hearsay
RPC (Competence)
Pre-Nuptial Agreements