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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. 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
Damages
Attorney Contact w/ Represented Party
Fee Agreements
2. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Theft
Forgery
Americans w/ Disabilites Act
3. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Alimony
Warranties/Disclaimers
Contract Formation
Oral Agreements (SOF)
4. 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.
Hearsay
Lawyer Advertising
Estates (Intestate)
Mutual Mistake
5. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
RPC (Prospective Client)
Attorney Work Product
Pre-Nuptial Agreements
Proper Service of Complaint
6. 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.
Board of Directors (Voting)
Bequests
Applicability of Express Warranty
Loss of Consortium
7. 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
Impeachment
Summary Jugment
Pat Down Search
Fed Tax (Advancement)
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
Age Discrimination
Strict Products Liability
Recording Statute
Lawyer Advertising
9. 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
RPC (Prospective Client)
Latent Ambiguity
Restrictive Covenant (Enforcement)
Jgmt on the Pleadings
10. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Usurpation of Corporate Opportunity (Remedies)
Notice for Special Meeting
ADEA (shifting burdens)
Criminal Conspiracy
11. 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.
Dormant Commerce Clause
Landlord Duties
1st Amendment Free Association
Accord and Satisfaction
12. 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
13. 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)
Tenancy by the Entireties
Loss of Consortium
Jgmt on the Pleadings
14. 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.
Jgmt on the Pleadings
Fair Reporting Privilege
Procedural Due Process
Board of Directors (Voting)
15. 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.
Fed Tax (Advancement)
Tenancy by the Entireties
Burglary
Devise of Encumbered Property
16. Occurs when a person takes the property of another with intent to deprive them of it.
Receipt of Income
Gift of Stock
Fed Tax (Advancement)
Theft
17. Gain on sale or transfer of a home is generally a taxable event for seller. The gain equals the amount realized on sale less the adjusted basis of the property. The adjusted basis includes the original cost plus the cost of any improvements. The amou
Joint Tenancy w/ Right of Survivorship
Fee Agreements
Taxability of Sale of Residence
Privacy Rights
18. 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'.
CP (New Matter/Answer)
Dying Declaration
1st Amendment Free Speech
Usurpation of Corporate Opportunity (Remedies)
19. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
Representing Multiple Parties
Prescriptive Easement
Retraint on Alienation
Devise of Encumbered Property
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
Joint Tenancy (Severance)
Joint Tenancy w/ Right of Survivorship
Loss of Consortium
Bequests
21. With the intent to defraud or injure or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone the actor alters any writing of another without his authority or utters any writing he knows to be forged.
Forgery
Equitable Division
Applicability of Express Warranty
Implied Warranty Construction Contract
22. 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
Sharehold Derivative Suit
Defense of Minority
Bequests
Receipt of Income
23. 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.
Marital Property
Constructive Eviction
2nd Degree Murder
Board of Directors (Voting)
24. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Criminal Trespass
Simple Assault
Liability of Claims After Merger
Fair Reporting Privilege
25. 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.
Latent Ambiguity
Retraint on Alienation
Board of Directors (Removal)
Dormant Commerce Clause
26. 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
Ademption
Dormant Commerce Clause
Jgmt on the Pleadings
Specially Manufactured Goods (SOF)
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
Deed (Delivery)
Implied Warranty Construction Contract
Jgmt on the Pleadings
28. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Tax (Life Insurance Policy Proceeds)
Theft by Deception
Fee Agreements
Destruction of Identified Goods
29. 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
Loss of Consortium
1st Amendment Free Speech (Defamation
Mitigation of Damages
Alimony
30. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Protection From Abuse Order
Equitable Division
Estates (Advancement)
31. 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.
Representing Multiple Parties
Estates (Advancement)
Entrapment
Marital Property
32. 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.
Mutual Mistake
Landlord Duties
Latent Ambiguity
1st Amendment Free Speech (Defamation
33. 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.
Anticipatory Repudiation
Will Requirements
Protection From Abuse Order
Present-sense Impression
34. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Joint Tenancy (Severance)
Representing Multiple Parties
Pat Down Search
35. 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
Alimony
CP (Motion for New Trial)
Hearsay
36. 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).
Impeachment
Perjury
Unauthorized Practice of Law
Fee Agreements
37. 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
Theft by Deception
Usurpation of Corporate Opportunity (Remedies)
Notice for Special Meeting
Standing
38. 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
Alimony
Fair Reporting Privilege
Joint Tenancy w/ Right of Survivorship
Accord and Satisfaction
39. 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
Pat Down Search
Deductibility of Restitution
Restrictive Covenant (Enforcement)
40. 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
Restrictions on Transferability of Stock
Attorney-Client Communication
Entrapment
41. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Estates (Intestate)
Board of Directors (Removal)
Incorporation by Reference
42. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Estates (Slayer's Act)
Criminal Conspiracy
Estates (Intestate)
3rd Party Beneficiary
43. An offer can be accepted by performance. Necessity of knowledge of an offer to create a power of acceptance. Acquisition of knowledge during performance but prior to completion creates power of acceptance.
Proper Service of Complaint
Estates (Advancement)
Representing Multiple Parties
Contract Formation
44. 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
Robbery
Prescriptive Easement
Dormant Commerce Clause
45. Income from gambling constitutes gross taxable income - while losses may be deducted.
Accord and Satisfaction
Restrictions on Transferability of Stock
Anticipatory Repudiation
Gambling Winnings and Losses
46. 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
Revocation of Acceptance
Representing Multiple Parties
Attorney-Client Communication
47. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
ADEA (shifting burdens)
Unconcionable Contract Provision (UCC)
Lay Opinion Testimony
Perjury
48. 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.
Representing Multiple Parties
Gift of Stock
Bequests
Removal to Action to Federal Court
49. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Estates (Slayer's Act)
Removal to Action to Federal Court
Lay Opinion Testimony
50. 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.
Strict Products Liability
Marital Property
Joint Tenancy (Severance)
Equitable Division