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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. 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.
Terroristic Threats
Domicile
Hearsay
Will Requirements
2. 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
1st Amendment Free Association
Present-sense Impression
1st Amendment Free Speech
CP (New Matter/Answer)
3. 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
Lay Opinion Testimony
Taxability of Embezzeled Property
Damages
Notice for Special Meeting
4. (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
Revocation of Acceptance
Corporate Opportunity
Jgmt on the Pleadings
Recording Statute
5. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Lawyer Advertising
Latent Ambiguity
Specially Manufactured Goods (SOF)
Bequests
6. 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.
Theft
Statute of Frauds
Receipt of Income
Constructive Eviction
7. 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
Americans w/ Disabilites Act
Tenancy by the Entireties
Attorney Work Product
8. 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
Receiving Stolen Property
Recording Statute
Equitable Division
Restrictive Covenant (Enforcement)
9. 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
Negligence (Malpractice)
Incorporation by Reference
Receipt of Income
Perjury
10. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
RPC (Competence)
Restrictions on Transferability of Stock
Taxability of Embezzeled Property
Negligence (Malpractice)
11. Income from gambling constitutes gross taxable income - while losses may be deducted.
Criminal Conspiracy
Liability of Directors (improper distribution)
1st Amendment Free Speech
Gambling Winnings and Losses
12. Restitution made is generally deductible in the year made.
Deductibility of Restitution
1st Amendment Free Speech (Defamation
Standing
Forgery
13. 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
Board of Directors (Voting)
Dying Declaration
Loss of Consortium
Retraint on Alienation
14. 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).
4th Amendment Search and Seizure
Impeachment
Joint Tenancy w/ Right of Survivorship
Statute of Frauds
15. 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'
Contract Formation
Merchants Confirming Memo
Lawyer Advertising
Recklessly Endangering
16. Requires physical presence together with an intent to establish.
Theft by Deception
Prescriptive Easement (scope)
Pre-Nuptial Agreements
Domicile
17. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Theft by Deception
RPC (Competence)
1st Amendment Free Speech (Defamation
Standing
18. 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.
Americans w/ Disabilites Act
Destruction of Identified Goods
Estates (Advancement)
Devise of Encumbered Property
19. 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.
Jgmt on the Pleadings
CP (Motion for New Trial)
Proper Service of Complaint
Joint Tenancy (Severance)
20. Buyer can revoke acceptance of goods if goods were accepted without discovery of the defect in the goods and buyer relied upon assurances of the seller in accepting the goods.
1st Amendment Free Association
Notice for Special Meeting
Revocation of Acceptance
Pat Down Search
21. 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.'
RPC (Prospective Client)
Gift of Stock
Devise of Encumbered Property
Protection From Abuse Order
22. Occurs when a person takes the property of another with intent to deprive them of it.
Anticipatory Repudiation
Theft
Loss of Consortium
Dormant Commerce Clause
23. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.
Devise of Encumbered Property
Recklessly Endangering
Jgmt on the Pleadings
Attorney Contact w/ Represented Party
24. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Equitable Division
Estates (Intestate)
1st Degree Murder
Codicil
25. Liabilities of the disappearing corporation flow to the surviving corporation.
Pat Down Search
Codicil
Standing
Liability of Claims After Merger
26. 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
Deductibility of Restitution
Codicil
Entrapment
Excited Utterance
27. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
ADEA (shifting burdens)
Gambling Winnings and Losses
1st Degree Murder
28. 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.
Taxability of Embezzeled Property
Theft
1st Amendment Free Speech
Recklessly Endangering
29. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Tax (Life Insurance Policy Proceeds)
Dying Declaration
Estates (Intestate)
30. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Constructive Eviction
Criminal Trespass
Board of Directors (Voting)
Hearsay
31. 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
Simple Assault
Proper Service of Complaint
RPC (Prospective Client)
4th Amendment Search and Seizure
32. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
Impeachment
Lawyer Advertising
3rd Party Beneficiary
33. 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.
Merchants Confirming Memo
Unauthorized Practice of Law
Latent Ambiguity
Perjury
34. 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
Attorney-Client Communication
Deed (Delivery)
Defense of Minority
1st Amendment Free Speech
35. 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
Restrictive Covenant (Enforcement)
Excited Utterance
Present-sense Impression
Constructive Eviction
36. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Strict Products Liability
Criminal Trespass
Criminal Conspiracy
Simple Assault
37. 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
Negligence (Malpractice)
Representing Multiple Parties
Codicil
Mitigation of Damages
38. 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.
Robbery
Estates (Intestate)
RPC (Prospective Client)
Present-sense Impression
39. 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
Fair Reporting Privilege
Liability of Directors (improper distribution)
Pat Down Search
40. 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
CP (Motion for New Trial)
Deed (Delivery)
Warranties/Disclaimers
Board of Directors (Removal)
41. 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.
Contract Formation
Standing
Bequests
Pretermitted Spouse
42. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Will Requirements
Notice for Special Meeting
Statute of Frauds
Prescriptive Easement
43. 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
Robbery
Latent Ambiguity
Buyer's duties (rejected goods)
44. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan
Dormant Commerce Clause
RPC (Prospective Client)
Criminal Trespass
Fed Tax (Advancement)
45. 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
Removal to Action to Federal Court
Statute of Frauds
Incorporation by Reference
Supression of Evidence
46. (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
Deductibility of Restitution
Procedural Due Process
Negligence (Malpractice)
Attorney-Client Communication
47. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Lawyer Advertising
Hearsay
Removal to Action to Federal Court
Burglary
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 (Competence)
Treasure Trove
Estates (Intestate)
49. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Notice for Special Meeting
Merchants Confirming Memo
4th Amendment Search and Seizure
Restrictions on Transferability of Stock
50. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Estates (Advancement)
Usurpation of Corporate Opportunity (Remedies)
Protection From Abuse Order