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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. Occurs whenever a specific devise in a will of a property is frustrated by the fact that the T thereafter sells the property. Exceptions include incapacities - fires - casualties - and/or any balance due T on the purchase - condemnation - or foreclos
Robbery
Present-sense Impression
Fed Tax (Advancement)
Ademption
2. PA's recording statute protects BFP for value - is without notice of the interest of the prior grantee - and records the deed first. Notice includes not only record notice but also constructive or inquiry notice obtained by inspection of the property
Bona Fide Purchaser
Pretermitted Spouse
Summary Jugment
Fee Agreements
3. Restitution made is generally deductible in the year made.
Ademption
Bequests
Recording Statute
Deductibility of Restitution
4. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Gambling Winnings and Losses
Alimony
Age Discrimination
Fee Agreements
5. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Specially Manufactured Goods (SOF)
Statute of Frauds
Criminal Trespass
Procedural Due Process
6. 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
Attorney-Client Communication
1st Amendment Free Association
Bona Fide Purchaser
Oral Agreements (SOF)
7. 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.
Gambling Winnings and Losses
Latent Ambiguity
Removal to Action to Federal Court
Loss of Consortium
8. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Unconcionable Contract Provision (UCC)
Prescriptive Easement
Title VII- Retaliatory Discharge
9. 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 Contact w/ Represented Party
Attorney Work Product
RPC (Prospective Client)
Bequests
10. 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
Pat Down Search
Conditional Devise
Tenancy by the Entireties
Liability of Directors (improper distribution)
11. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Taxability of Sale of Residence
Deductibility of Restitution
Burglary
1st Amendment Free Association
12. 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.
Pat Down Search
Warranties/Disclaimers
Pretermitted Spouse
Contract Formation
13. 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
Contract Formation
Liquidated Damages
Fair Reporting Privilege
Warranties/Disclaimers
14. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Revocation of Acceptance
3rd Party Beneficiary
RPC (Competence)
Forgery
15. 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.
Destruction of Identified Goods
Implied Warranty Construction Contract
Unconcionable Contract Provision (UCC)
Latent Ambiguity
16. 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
Attorney Contact w/ Represented Party
4th Amendment Govt Employers
1st Amendment Free Speech (Defamation
CP (New Matter/Answer)
17. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Conditional Devise
Excited Utterance
Theft by Deception
Procedural Due Process
18. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Theft by Deception
Recklessly Endangering
Strict Products Liability
Jgmt on the Pleadings
19. 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
Joint Tenancy (Severance)
Retraint on Alienation
3rd Party Beneficiary
Fed Tax (Advancement)
20. 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.
1st Amendment Free Speech
Standing
Hearsay
Bequests
21. 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.
Entrapment
Taxability of Sale of Residence
Joint Tenancy w/ Right of Survivorship
Summary Jugment
22. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Attorney Work Product
Treasure Trove
Recording Statute
Fair Reporting Privilege
23. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Board of Directors (Voting)
Procedural Due Process
Conditional Devise
24. 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.
Estates (Slayer's Act)
Anticipatory Repudiation
Deductibility of Restitution
2nd Degree Murder
25. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Latent Ambiguity
Forgery
Liability of Claims After Merger
26. 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'
Alimony
Marital Property
Age Discrimination
Lawyer Advertising
27. Liabilities of the disappearing corporation flow to the surviving corporation.
Equitable Division
Hearsay
Robbery
Liability of Claims After Merger
28. 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.
Protection From Abuse Order
Implied Warranty Construction Contract
Destruction of Identified Goods
Age Discrimination
29. 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 Speech
Gambling Winnings and Losses
Title VII- Retaliatory Discharge
Prescriptive Easement
30. 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.
Perjury
Deed (Delivery)
3rd Party Beneficiary
Proper Service of Complaint
31. 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
2nd Degree Murder
Theft
Americans w/ Disabilites Act
Sharehold Derivative Suit
32. 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.
Present-sense Impression
Recklessly Endangering
Joint Tenancy (Severance)
Receipt of Income
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
Dormant Commerce Clause
Fed Tax (Advancement)
Hearsay
Pat Down Search
34. 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.
Codicil
Sharehold Derivative Suit
Privacy Rights
Landlord Duties
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.
Latent Ambiguity
Hearsay
Criminal Trespass
Theft by Deception
36. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Fed Tax (Advancement)
Buyer's duties (rejected goods)
Codicil
Receiving Stolen Property
37. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Duty to Minority Shareholders
Impeachment
Title VII- Retaliatory Discharge
38. 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
Supression of Evidence
Bona Fide Purchaser
RPC (Competence)
Usurpation of Corporate Opportunity (Remedies)
39. 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.
Removal to Action to Federal Court
Equitable Division
Liability of Claims After Merger
Buyer's duties (rejected goods)
40. 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
Privacy Rights
Defense of Minority
Recklessly Endangering
4th Amendment Search and Seizure
41. 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
Retraint on Alienation
Incorporation by Reference
Pre-Nuptial Agreements
Gambling Winnings and Losses
42. 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.
Tax (Life Insurance Policy Proceeds)
Title VII- Retaliatory Discharge
Marital Property
Mitigation of Damages
43. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Specially Manufactured Goods (SOF)
Warranties/Disclaimers
Unconcionable Contract Provision (UCC)
Representing Multiple Parties
44. 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.
Applicability of Express Warranty
Standing
Usurpation of Corporate Opportunity (Remedies)
Strict Products Liability
45. 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
Equitable Division
Bequests
Perjury
Taxability of Embezzeled Property
46. Requires physical presence together with an intent to establish.
Liability of Directors (improper distribution)
Attorney Contact w/ Represented Party
Mutual Mistake
Domicile
47. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
Protection From Abuse Order
Bona Fide Purchaser
1st Amendment Free Speech
Criminal Trespass
48. 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
Joint Tenancy (Severance)
Proper Service of Complaint
Destruction of Identified Goods
Excited Utterance
49. 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
Fee Agreements
Estates (Advancement)
Tax (Life Insurance Policy Proceeds)
Alimony
50. 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
Applicability of Express Warranty
Jgmt on the Pleadings
Latent Ambiguity