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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. 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
Privacy Rights
Mitigation of Damages
Representing Multiple Parties
2. 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.
Entrapment
Corporate Opportunity
Treasure Trove
RPC (Competence)
3. 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.
Will Requirements
Joint Tenancy w/ Right of Survivorship
Attorney Contact w/ Represented Party
Removal to Action to Federal Court
4. 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.
Oral Agreements (SOF)
Representing Multiple Parties
Tenancy by the Entireties
Perjury
5. A direct or indirect threat to commit a crime with intent to terrorize.
Destruction of Identified Goods
1st Degree Murder
Dying Declaration
Terroristic Threats
6. Liabilities of the disappearing corporation flow to the surviving corporation.
Deed (Delivery)
Statute of Frauds
Board of Directors (Removal)
Liability of Claims After Merger
7. 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
Statute of Frauds
Representing Multiple Parties
Destruction of Identified Goods
Constructive Eviction
8. 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.
Unconcionable Contract Provision (UCC)
Prescriptive Easement
Criminal Trespass
Summary Jugment
9. Requires physical presence together with an intent to establish.
Domicile
Present-sense Impression
RPC (Prospective Client)
Attorney-Client Communication
10. 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
Restrictive Covenant (Enforcement)
Loss of Consortium
Damages
1st Amendment Free Speech
11. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
Warranties/Disclaimers
Bequests
Proper Service of Complaint
Will Requirements
12. 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
Board of Directors (Voting)
RPC (Prospective Client)
Estates (Intestate)
Fair Reporting Privilege
13. 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
Theft by Deception
1st Amendment Free Association
Equitable Division
Procedural Due Process
14. 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)
Tax (Life Insurance Policy Proceeds)
Damages
Unauthorized Practice of Law
15. 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
Pre-Nuptial Agreements
Defense of Minority
Joint Tenancy (Severance)
ADEA (shifting burdens)
16. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Attorney-Client Communication
ADEA (shifting burdens)
Sharehold Derivative Suit
Fair Reporting Privilege
17. 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.
Duty to Minority Shareholders
Devise of Encumbered Property
Protection From Abuse Order
Unauthorized Practice of Law
18. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
19. 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
Usurpation of Corporate Opportunity (Remedies)
Attorney-Client Communication
Deed (Delivery)
Estates (Advancement)
20. 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
Burglary
Duty to Minority Shareholders
Recording Statute
Liquidated Damages
21. 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
Revocation of Acceptance
Pretermitted Spouse
Estates (Advancement)
Emancipation
22. 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
Robbery
Emancipation
Applicability of Express Warranty
Tax (Life Insurance Policy Proceeds)
23. 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
Liability of Claims After Merger
Sharehold Derivative Suit
Proper Service of Complaint
Impeachment
24. 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
Present-sense Impression
Gambling Winnings and Losses
Restrictive Covenant (Enforcement)
Marital Property
25. 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.
Supression of Evidence
Defense of Minority
Entrapment
Mutual Mistake
26. 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.
Specially Manufactured Goods (SOF)
Fair Reporting Privilege
Latent Ambiguity
Destruction of Identified Goods
27. 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
Privacy Rights
Taxability of Embezzeled Property
Mutual Mistake
1st Amendment Free Association
28. 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.'
Strict Products Liability
Equitable Division
Protection From Abuse Order
Tenancy by the Entireties
29. 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.
Bequests
Americans w/ Disabilites Act
Unauthorized Practice of Law
Statute of Frauds
30. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Latent Ambiguity
Simple Assault
ADEA (shifting burdens)
Devise of Encumbered Property
31. (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
Jgmt on the Pleadings
RPC (Competence)
Criminal Trespass
1st Amendment Free Speech
32. 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
Gift of Stock
4th Amendment Search and Seizure
Board of Directors (Voting)
1st Amendment Free Speech (Defamation
33. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Bequests
Applicability of Express Warranty
Robbery
34. 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
Retraint on Alienation
Landlord Duties
4th Amendment Govt Employers
35. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Pretermitted Spouse
Joint Tenancy (Severance)
Implied Warranty Construction Contract
Treasure Trove
36. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Burglary
Kidnapping
Terroristic Threats
Latent Ambiguity
37. 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
Strict Products Liability
Equitable Division
4th Amendment Govt Employers
Landlord Duties
38. 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
Pretermitted Spouse
Special Warranty Deed
Marital Property
Prescriptive Easement
39. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Tenancy by the Entireties
Fee Agreements
Defense of Minority
Title VII- Retaliatory Discharge
40. 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.
Summary Jugment
Devise of Encumbered Property
Tenancy by the Entireties
Special Warranty Deed
41. 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.
Contract Formation
Kidnapping
1st Amendment Free Speech (Defamation
Standing
42. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Bequests
Dormant Commerce Clause
Taxability of Embezzeled Property
43. 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.
Treasure Trove
4th Amendment Govt Employers
Revocation of Acceptance
Theft
44. At the time he was terminated - P was within the class protected by the ADEA - he was otherwise qualified for his job - he was discharged by D - and D employed a substantially younger person for his position.
Terroristic Threats
Recording Statute
Tenancy by the Entireties
Age Discrimination
45. Occurs when a person takes the property of another with intent to deprive them of it.
Recklessly Endangering
Liability of Claims After Merger
Impeachment
Theft
46. 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.
Theft
Board of Directors (Voting)
Negligence (Malpractice)
Loss of Consortium
47. 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
Present-sense Impression
Restrictive Covenant (Enforcement)
Equitable Division
48. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Fee Agreements
Title VII- Retaliatory Discharge
RPC (Competence)
Strict Products Liability
49. 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.
Equitable Division
Implied Warranty Construction Contract
Simple Assault
Attorney Contact w/ Represented Party
50. 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