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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.
Statute of Frauds
Prescriptive Easement (scope)
Loss of Consortium
Simple Assault
2. 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
Theft
4th Amendment Search and Seizure
1st Amendment Free Speech (Defamation
Forgery
3. 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.
Receiving Stolen Property
RPC (Competence)
Age Discrimination
Implied Warranty Construction Contract
4. 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.
Excited Utterance
1st Amendment Free Speech (Defamation
Destruction of Identified Goods
Representing Multiple Parties
5. 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.
Codicil
Theft
Perjury
Tenancy by the Entireties
6. Can be filed on behalf of the corporation. Demand must be made upon the corporate board unless injury will result to the corporation. Must be a shareholder to pursure a derivative action. Breach of fiduciary duty or breach of contract support the fil
Merchants Confirming Memo
Applicability of Express Warranty
Recklessly Endangering
Sharehold Derivative Suit
7. Income from gambling constitutes gross taxable income - while losses may be deducted.
Prescriptive Easement (scope)
Negligence (Malpractice)
Joint Tenancy (Severance)
Gambling Winnings and Losses
8. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Jgmt on the Pleadings
Warranties/Disclaimers
Prescriptive Easement
Taxability of Sale of Residence
9. 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
Proper Service of Complaint
Oral Agreements (SOF)
Equitable Division
Codicil
10. Liabilities of the disappearing corporation flow to the surviving corporation.
Proper Service of Complaint
Liability of Claims After Merger
Supression of Evidence
Restrictive Covenant (Enforcement)
11. 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
Restrictive Covenant (Enforcement)
Taxability of Embezzeled Property
Bona Fide Purchaser
Notice for Special Meeting
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
Bona Fide Purchaser
Loss of Consortium
Warranties/Disclaimers
Board of Directors (Voting)
13. Marital misconduct may not be considered at an equitable division hearing. The Court should consider the parties' income as one factor in determining equitable property division.
Unauthorized Practice of Law
ADEA (shifting burdens)
Taxability of Sale of Residence
Equitable Division
14. 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.
Estates (Advancement)
Usurpation of Corporate Opportunity (Remedies)
Dormant Commerce Clause
Recklessly Endangering
15. An attorney who knowingly assists a non-attorney in the unauthorized practice of law is in violation of PA RPC. An attorney may give a seminar on the law to non-lawyers in conjunction with their employment when such knowledge may be beneficial to the
Equitable Division
Destruction of Identified Goods
Fee Agreements
Unauthorized Practice of Law
16. 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.
Removal to Action to Federal Court
Notice for Special Meeting
Fed Tax (Advancement)
Alimony
17. 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
4th Amendment Govt Employers
Fed Tax (Advancement)
Negligence (Malpractice)
Statute of Frauds
18. 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
Defense of Minority
Pretermitted Spouse
Strict Products Liability
Joint Tenancy (Severance)
19. 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
Attorney-Client Communication
Bona Fide Purchaser
4th Amendment Search and Seizure
Latent Ambiguity
20. Property obtained during the course of the marriage is marital property - subject to equitable division.
Kidnapping
Marital Property
Lawyer Advertising
Attorney Work Product
21. 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
Estates (Slayer's Act)
Special Warranty Deed
Damages
Incorporation by Reference
22. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Gambling Winnings and Losses
Unconcionable Contract Provision (UCC)
Destruction of Identified Goods
23. 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
Statute of Frauds
Attorney-Client Communication
Tax (Life Insurance Policy Proceeds)
Dormant Commerce Clause
24. 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
Attorney-Client Communication
CP (New Matter/Answer)
Mutual Mistake
Restrictions on Transferability of Stock
25. 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
Retraint on Alienation
Tenancy by the Entireties
Special Warranty Deed
Impeachment
26. 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
Standing
Equitable Division
Accord and Satisfaction
Proper Service of Complaint
27. 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
Will Requirements
Board of Directors (Voting)
Merchants Confirming Memo
28. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Bequests
Special Warranty Deed
Unauthorized Practice of Law
29. 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.
Notice for Special Meeting
Tenancy by the Entireties
Buyer's duties (rejected goods)
Simple Assault
30. 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.
Forgery
Defense of Minority
Gift of Stock
Mitigation of Damages
31. 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
Restrictive Covenant (Enforcement)
Criminal Conspiracy
Supression of Evidence
Merchants Confirming Memo
32. 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
Privacy Rights
Sharehold Derivative Suit
Fed Tax (Advancement)
Board of Directors (Removal)
33. 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.
Bona Fide Purchaser
Representing Multiple Parties
Marital Property
Proper Service of Complaint
34. 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
Supression of Evidence
1st Amendment Free Speech (Defamation
Equitable Division
35. 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.
Emancipation
Latent Ambiguity
Theft by Deception
1st Degree Murder
36. 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
RPC (Competence)
Prescriptive Easement
Bona Fide Purchaser
1st Amendment Free Association
37. 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
Recording Statute
Unauthorized Practice of Law
Estates (Slayer's Act)
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.
Lawyer Advertising
Fee Agreements
Jgmt on the Pleadings
Receipt of Income
39. 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.
Landlord Duties
Americans w/ Disabilites Act
Gift of Stock
Representing Multiple Parties
40. 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
Attorney Work Product
Destruction of Identified Goods
Applicability of Express Warranty
Privacy Rights
41. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Terroristic Threats
Contract Formation
Simple Assault
Burglary
42. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Criminal Trespass
Bona Fide Purchaser
RPC (Competence)
Attorney Work Product
43. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Sharehold Derivative Suit
Marital Property
2nd Degree Murder
Unconcionable Contract Provision (UCC)
44. (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
Terroristic Threats
Unconcionable Contract Provision (UCC)
Attorney-Client Communication
Mutual Mistake
45. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Joint Tenancy (Severance)
Representing Multiple Parties
2nd Degree Murder
46. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Privacy Rights
Title VII- Retaliatory Discharge
Fed Tax (Advancement)
Usurpation of Corporate Opportunity (Remedies)
47. Occurs when a person takes the property of another with intent to deprive them of it.
Latent Ambiguity
Taxability of Embezzeled Property
Theft
Perjury
48. 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.
Pat Down Search
Usurpation of Corporate Opportunity (Remedies)
Retraint on Alienation
Taxability of Sale of Residence
49. 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
Contract Formation
Bequests
Corporate Opportunity
Restrictive Covenant (Enforcement)
50. 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)
Restrictive Covenant (Enforcement)
Robbery
Kidnapping