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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. 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
Excited Utterance
Deductibility of Restitution
Simple Assault
2. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Special Warranty Deed
Title VII- Retaliatory Discharge
Defense of Minority
3. 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.
Merchants Confirming Memo
Estates (Slayer's Act)
Receipt of Income
Criminal Conspiracy
4. 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
ADEA (shifting burdens)
Liability of Directors (improper distribution)
Applicability of Express Warranty
Negligence (Malpractice)
5. 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
CP (New Matter/Answer)
2nd Degree Murder
Jgmt on the Pleadings
6. 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
Devise of Encumbered Property
1st Amendment Free Speech
Alimony
Estates (Slayer's Act)
7. 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
Will Requirements
Estates (Slayer's Act)
Liability of Claims After Merger
Kidnapping
8. 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.
Landlord Duties
Notice for Special Meeting
Special Warranty Deed
Removal to Action to Federal Court
9. 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
Taxability of Embezzeled Property
Unauthorized Practice of Law
Dying Declaration
Marital Property
10. 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.
1st Amendment Free Speech (Defamation
Statute of Frauds
Pre-Nuptial Agreements
RPC (Competence)
11. 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
Criminal Trespass
Title VII- Retaliatory Discharge
Liability of Claims After Merger
3rd Party Beneficiary
12. 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
Damages
Theft by Deception
Joint Tenancy (Severance)
Pat Down Search
13. Requires physical presence together with an intent to establish.
Lawyer Advertising
Joint Tenancy (Severance)
Domicile
Title VII- Retaliatory Discharge
14. 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
Pat Down Search
Excited Utterance
Recording Statute
15. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Defense of Minority
Unconcionable Contract Provision (UCC)
Theft by Deception
Ademption
16. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Theft by Deception
Fee Agreements
Buyer's duties (rejected goods)
Terroristic Threats
17. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
4th Amendment Govt Employers
Accord and Satisfaction
2nd Degree Murder
Restrictions on Transferability of Stock
18. 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.
Attorney-Client Communication
Equitable Division
Mitigation of Damages
Estates (Slayer's Act)
19. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Specially Manufactured Goods (SOF)
ADEA (shifting burdens)
Ademption
Receipt of Income
20. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Prescriptive Easement
Damages
Joint Tenancy w/ Right of Survivorship
21. 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
Marital Property
Conditional Devise
RPC (Prospective Client)
Impeachment
22. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Joint Tenancy w/ Right of Survivorship
Prescriptive Easement
Contract Formation
23. 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.
Revocation of Acceptance
1st Amendment Free Speech
Merchants Confirming Memo
Applicability of Express Warranty
24. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Equitable Division
Americans w/ Disabilites Act
Recklessly Endangering
Bequests
25. 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
Latent Ambiguity
Domicile
Attorney Work Product
Deductibility of Restitution
26. 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.
Unconcionable Contract Provision (UCC)
4th Amendment Search and Seizure
Estates (Advancement)
Anticipatory Repudiation
27. Liabilities of the disappearing corporation flow to the surviving corporation.
Unconcionable Contract Provision (UCC)
Attorney Contact w/ Represented Party
Deductibility of Restitution
Liability of Claims After Merger
28. 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
Joint Tenancy (Severance)
Codicil
Constructive Eviction
Proper Service of Complaint
29. 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.
Prescriptive Easement (scope)
Hearsay
Estates (Slayer's Act)
Deed (Delivery)
30. 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
RPC (Competence)
Deed (Delivery)
Equitable Division
Gift of Stock
31. 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.'
Corporate Opportunity
Liability of Directors (improper distribution)
Protection From Abuse Order
Anticipatory Repudiation
32. 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
Theft by Deception
Robbery
4th Amendment Govt Employers
Specially Manufactured Goods (SOF)
33. 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.
Receipt of Income
Dying Declaration
Oral Agreements (SOF)
Entrapment
34. 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.
1st Amendment Free Speech
ADEA (shifting burdens)
Proper Service of Complaint
Dying Declaration
35. 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'.
Treasure Trove
CP (New Matter/Answer)
1st Amendment Free Association
Defense of Minority
36. 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
Accord and Satisfaction
Pre-Nuptial Agreements
Restrictive Covenant (Enforcement)
Destruction of Identified Goods
37. 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
Liquidated Damages
Accord and Satisfaction
Special Warranty Deed
Board of Directors (Removal)
38. 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
Latent Ambiguity
Liability of Claims After Merger
Sharehold Derivative Suit
Restrictions on Transferability of Stock
39. 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
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.
Conditional Devise
Unauthorized Practice of Law
Hearsay
Tenancy by the Entireties
41. Conditional devise must be strictly construed and reasonable construction of language must be given in favor of beneficiary. A condition to a devise must be express and not implied.
Conditional Devise
Title VII- Retaliatory Discharge
Codicil
Accord and Satisfaction
42. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Prescriptive Easement
Fair Reporting Privilege
Damages
Latent Ambiguity
43. 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.
1st Amendment Free Speech
Merchants Confirming Memo
Statute of Frauds
Devise of Encumbered Property
44. 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
Recording Statute
Mutual Mistake
Contract Formation
45. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Buyer's duties (rejected goods)
Treasure Trove
Specially Manufactured Goods (SOF)
Criminal Conspiracy
46. 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
Applicability of Express Warranty
Receipt of Income
Equitable Division
CP (New Matter/Answer)
47. The tenancy is severable by the action of either joint tenant - and in PA the mortgage on the property by one of the joint tenants operates to sever the joint tenancy w/ right of survivorship (becomes tenancy in common).
Joint Tenancy w/ Right of Survivorship
Liability of Claims After Merger
Conditional Devise
Attorney-Client Communication
48. 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
4th Amendment Govt Employers
Usurpation of Corporate Opportunity (Remedies)
Deductibility of Restitution
49. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Gambling Winnings and Losses
Receiving Stolen Property
Age Discrimination
Unauthorized Practice of Law
50. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
Excited Utterance
Attorney Work Product
Liquidated Damages
Equitable Division