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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. 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.
Implied Warranty Construction Contract
Tenancy by the Entireties
Protection From Abuse Order
Taxability of Embezzeled Property
2. 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.
Mutual Mistake
Treasure Trove
Statute of Frauds
Hearsay
3. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Latent Ambiguity
Statute of Frauds
Specially Manufactured Goods (SOF)
4. 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.
Present-sense Impression
Revocation of Acceptance
Fair Reporting Privilege
Criminal Conspiracy
5. 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.
Special Warranty Deed
4th Amendment Search and Seizure
Summary Jugment
Estates (Slayer's Act)
6. 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
Title VII- Retaliatory Discharge
Robbery
Attorney-Client Communication
RPC (Prospective Client)
7. 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.
Joint Tenancy w/ Right of Survivorship
Revocation of Acceptance
Forgery
Impeachment
8. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Joint Tenancy (Severance)
Codicil
Liability of Directors (improper distribution)
Treasure Trove
9. 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
Latent Ambiguity
Equitable Division
1st Amendment Free Speech (Defamation
Entrapment
10. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Attorney Contact w/ Represented Party
Liability of Claims After Merger
Theft
Fair Reporting Privilege
11. 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
1st Amendment Free Speech (Defamation
Constructive Eviction
Domicile
CP (New Matter/Answer)
12. 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
Latent Ambiguity
1st Amendment Free Speech (Defamation
Deed (Delivery)
Devise of Encumbered Property
13. 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
Sharehold Derivative Suit
Incorporation by Reference
Corporate Opportunity
1st Amendment Free Speech
14. 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.
Revocation of Acceptance
Notice for Special Meeting
Terroristic Threats
Duty to Minority Shareholders
15. 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
Criminal Trespass
Liquidated Damages
16. 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.
Codicil
2nd Degree Murder
Equitable Division
Standing
17. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Sharehold Derivative Suit
Usurpation of Corporate Opportunity (Remedies)
Kidnapping
18. 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
Contract Formation
Removal to Action to Federal Court
Equitable Division
19. 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
Gift of Stock
Latent Ambiguity
Anticipatory Repudiation
Lawyer Advertising
20. 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.
1st Amendment Free Association
Corporate Opportunity
Latent Ambiguity
Recklessly Endangering
21. 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.
Alimony
Board of Directors (Voting)
Summary Jugment
Taxability of Sale of Residence
22. 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
Warranties/Disclaimers
Alimony
Entrapment
Specially Manufactured Goods (SOF)
23. 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
Receiving Stolen Property
Americans w/ Disabilites Act
Dormant Commerce Clause
24. Property obtained during the course of the marriage is marital property - subject to equitable division.
Devise of Encumbered Property
Unconcionable Contract Provision (UCC)
Liability of Directors (improper distribution)
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.
Damages
Corporate Opportunity
Entrapment
Deductibility of Restitution
26. 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.
Negligence (Malpractice)
Robbery
Representing Multiple Parties
Gambling Winnings and Losses
27. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Receiving Stolen Property
Bequests
Taxability of Sale of Residence
Recording Statute
28. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Recklessly Endangering
Terroristic Threats
Merchants Confirming Memo
Bona Fide Purchaser
29. 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
Joint Tenancy w/ Right of Survivorship
Dormant Commerce Clause
Prescriptive Easement (scope)
CP (Motion for New Trial)
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.
Summary Jugment
Lay Opinion Testimony
Dormant Commerce Clause
Mitigation of Damages
31. 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
Taxability of Sale of Residence
Gambling Winnings and Losses
Kidnapping
Liquidated Damages
32. 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
Kidnapping
RPC (Competence)
1st Amendment Free Speech
Unconcionable Contract Provision (UCC)
33. 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.
Fee Agreements
Corporate Opportunity
Receiving Stolen Property
Fed Tax (Advancement)
34. 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.
Loss of Consortium
Contract Formation
Age Discrimination
Hearsay
35. 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
Domicile
1st Amendment Free Speech
Taxability of Sale of Residence
Negligence (Malpractice)
36. 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
Simple Assault
Representing Multiple Parties
Implied Warranty Construction Contract
Gift of Stock
37. Income from gambling constitutes gross taxable income - while losses may be deducted.
Emancipation
Gambling Winnings and Losses
Recording Statute
Representing Multiple Parties
38. 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
RPC (Competence)
Attorney Contact w/ Represented Party
Estates (Advancement)
Bona Fide Purchaser
39. 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
1st Amendment Free Speech (Defamation
4th Amendment Search and Seizure
1st Amendment Free Association
Standing
40. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Lawyer Advertising
CP (New Matter/Answer)
Receipt of Income
RPC (Competence)
41. 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.
Domicile
Treasure Trove
Latent Ambiguity
Warranties/Disclaimers
42. 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.
Criminal Conspiracy
2nd Degree Murder
Taxability of Embezzeled Property
Joint Tenancy (Severance)
43. 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
Buyer's duties (rejected goods)
1st Amendment Free Speech (Defamation
4th Amendment Govt Employers
Receipt of Income
44. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Recklessly Endangering
ADEA (shifting burdens)
Americans w/ Disabilites Act
Ademption
45. Reasonable expansion of use of prescriptive easement allowed if not too burdensome to servient estate. Factors to consider: 1) Increase in size distinguished from increased use; 2) change in purpose of use; 3) Increased burden on servient estate.
Title VII- Retaliatory Discharge
Summary Jugment
Receipt of Income
Prescriptive Easement (scope)
46. Liabilities of the disappearing corporation flow to the surviving corporation.
Negligence (Malpractice)
Strict Products Liability
Special Warranty Deed
Liability of Claims After Merger
47. 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.
Receipt of Income
Fee Agreements
Recklessly Endangering
Deed (Delivery)
48. 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
Removal to Action to Federal Court
Notice for Special Meeting
ADEA (shifting burdens)
Defense of Minority
49. 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.
Summary Jugment
Estates (Advancement)
Retraint on Alienation
Restrictions on Transferability of Stock
50. (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
Estates (Slayer's Act)
Removal to Action to Federal Court
Attorney-Client Communication
Excited Utterance