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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 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.
Hearsay
4th Amendment Search and Seizure
Pat Down Search
Negligence (Malpractice)
2. 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
Damages
Restrictions on Transferability of Stock
Receiving Stolen Property
Estates (Advancement)
3. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Joint Tenancy w/ Right of Survivorship
Attorney Work Product
Receiving Stolen Property
Joint Tenancy (Severance)
4. Liabilities of the disappearing corporation flow to the surviving corporation.
Marital Property
4th Amendment Govt Employers
Incorporation by Reference
Liability of Claims After Merger
5. Requires physical presence together with an intent to establish.
Lawyer Advertising
Domicile
Joint Tenancy w/ Right of Survivorship
Dying Declaration
6. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Liability of Directors (improper distribution)
Duty to Minority Shareholders
Specially Manufactured Goods (SOF)
Pre-Nuptial Agreements
7. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Specially Manufactured Goods (SOF)
Buyer's duties (rejected goods)
Joint Tenancy w/ Right of Survivorship
Retraint on Alienation
8. 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
Title VII- Retaliatory Discharge
Usurpation of Corporate Opportunity (Remedies)
Incorporation by Reference
Present-sense Impression
9. 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.
Dying Declaration
Devise of Encumbered Property
Theft
Landlord Duties
10. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Receiving Stolen Property
Incorporation by Reference
Fee Agreements
Equitable Division
11. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Impeachment
Incorporation by Reference
Fee Agreements
12. 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
Constructive Eviction
Theft by Deception
Prescriptive Easement (scope)
13. 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
Americans w/ Disabilites Act
1st Amendment Free Speech
Contract Formation
4th Amendment Govt Employers
14. 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.
Domicile
Criminal Conspiracy
Marital Property
Taxability of Embezzeled Property
15. 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
Estates (Advancement)
Strict Products Liability
Terroristic Threats
16. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.
Simple Assault
Will Requirements
Revocation of Acceptance
Tenancy by the Entireties
17. 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'.
Merchants Confirming Memo
CP (New Matter/Answer)
1st Degree Murder
Equitable Division
18. 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
Tax (Life Insurance Policy Proceeds)
Fed Tax (Advancement)
1st Amendment Free Speech
Privacy Rights
19. 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
Deed (Delivery)
Landlord Duties
Special Warranty Deed
Codicil
20. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Board of Directors (Voting)
Oral Agreements (SOF)
Strict Products Liability
21. 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.
Duty to Minority Shareholders
Warranties/Disclaimers
Corporate Opportunity
1st Amendment Free Speech
22. 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.
Receiving Stolen Property
Contract Formation
Landlord Duties
Supression of Evidence
23. 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
Privacy Rights
Excited Utterance
Board of Directors (Voting)
Americans w/ Disabilites Act
24. 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
Burglary
Accord and Satisfaction
Fed Tax (Advancement)
25. 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
Gambling Winnings and Losses
Kidnapping
Title VII- Retaliatory Discharge
26. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Destruction of Identified Goods
Statute of Frauds
Latent Ambiguity
Lay Opinion Testimony
27. Private security guards are private citizens and the restraints that are imposed upon govt. activities are not applicable to actions by private citizens. Therefore - a custodial interrogation done a private security guard w/o Miranda - is admissable
Joint Tenancy w/ Right of Survivorship
Proper Service of Complaint
Supression of Evidence
Impeachment
28. 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
Anticipatory Repudiation
Fee Agreements
Deed (Delivery)
29. 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.
Estates (Slayer's Act)
Removal to Action to Federal Court
Domicile
Defense of Minority
30. 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
Devise of Encumbered Property
Alimony
Theft by Deception
31. 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
Forgery
Restrictive Covenant (Enforcement)
Fee Agreements
Attorney-Client Communication
32. 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
Oral Agreements (SOF)
Simple Assault
Incorporation by Reference
33. 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
1st Amendment Free Speech (Defamation
Joint Tenancy w/ Right of Survivorship
Dormant Commerce Clause
4th Amendment Govt Employers
34. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Forgery
Tenancy by the Entireties
Prescriptive Easement
Equitable Division
35. 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.
ADEA (shifting burdens)
Pretermitted Spouse
Dying Declaration
Simple Assault
36. Restitution made is generally deductible in the year made.
Codicil
Corporate Opportunity
1st Amendment Free Speech
Deductibility of Restitution
37. 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.
Board of Directors (Voting)
RPC (Prospective Client)
Buyer's duties (rejected goods)
CP (New Matter/Answer)
38. 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.
Domicile
Accord and Satisfaction
Receipt of Income
Representing Multiple Parties
39. 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.
Contract Formation
Perjury
Anticipatory Repudiation
Devise of Encumbered Property
40. 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.
CP (New Matter/Answer)
Latent Ambiguity
Duty to Minority Shareholders
Incorporation by Reference
41. 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
Prescriptive Easement (scope)
Pat Down Search
Protection From Abuse Order
Codicil
42. Occurs when a person takes the property of another with intent to deprive them of it.
Negligence (Malpractice)
Restrictions on Transferability of Stock
Constructive Eviction
Theft
43. 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.
2nd Degree Murder
Receipt of Income
Usurpation of Corporate Opportunity (Remedies)
Theft by Deception
44. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Loss of Consortium
Destruction of Identified Goods
Mutual Mistake
Criminal Conspiracy
45. 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.
Pat Down Search
Estates (Intestate)
Implied Warranty Construction Contract
Will Requirements
46. 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
Retraint on Alienation
Robbery
Joint Tenancy (Severance)
Joint Tenancy w/ Right of Survivorship
47. 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).
Statute of Frauds
Impeachment
Mutual Mistake
4th Amendment Search and Seizure
48. 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 (Prospective Client)
Applicability of Express Warranty
Impeachment
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.
Bona Fide Purchaser
Domicile
Entrapment
Destruction of Identified Goods
50. 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
CP (Motion for New Trial)
3rd Party Beneficiary
Contract Formation
Taxability of Embezzeled Property