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PA Bar Exam

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. 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.






2. 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.






3. 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.






4. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).






5. 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.






6. A document which is not admissible to probate as a document incorporated by reference because it was not in existence at the time of the execution of the will in question may nevertheless be admissible to probate as a codicil if in fact it was execut






7. Restitution made is generally deductible in the year made.






8. 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.






9. 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.






10. Income from gambling constitutes gross taxable income - while losses may be deducted.






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.






12. 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.






13. 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.






14. 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






15. 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






16. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.






17. Accord is a contract whereby an obligee promises to accept a stated performance in satisfaction of the obligor's original duty. Where there is a dispute between the parties concerning the amount due - consideration for an accord is found when the cre






18. 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






19. 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.






20. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan






21. 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.






22. 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






23. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.






24. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.






25. 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.'






26. 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






27. 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






28. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou






29. 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.






30. 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






31. A direct or indirect threat to commit a crime with intent to terrorize.






32. 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






33. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.






34. 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).






35. 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






36. Use of force to aid in escape after committing a theft constitutes robbery.






37. 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






38. 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






39. (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






40. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.






41. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.






42. 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






43. 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.






44. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.






45. 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.






46. 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.






47. 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.






48. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






49. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.






50. 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