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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. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Criminal Conspiracy
Emancipation
Robbery
2. 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
Jgmt on the Pleadings
Liquidated Damages
Unconcionable Contract Provision (UCC)
Receipt of Income
3. Income from gambling constitutes gross taxable income - while losses may be deducted.
Corporate Opportunity
Gambling Winnings and Losses
Constructive Eviction
Pat Down Search
4. 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.
Criminal Conspiracy
Recording Statute
Retraint on Alienation
Summary Jugment
5. Requires only proof that a product was sold in a defective condition unreasonably dangerous to the user or consumer - and that the defect was the proximate cause of P's injury. Defective condition includes the lack of adequate warnings or instruction
Strict Products Liability
Equitable Division
Taxability of Embezzeled Property
Latent Ambiguity
6. Equity allows for the impression of a constructive trust and an accounting to allow the corporation to receive the benefit of the opportunity and any profits.
Estates (Advancement)
1st Amendment Free Association
Usurpation of Corporate Opportunity (Remedies)
Duty to Minority Shareholders
7. 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'
Specially Manufactured Goods (SOF)
Lawyer Advertising
Deed (Delivery)
Domicile
8. 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
Board of Directors (Voting)
CP (Motion for New Trial)
Specially Manufactured Goods (SOF)
9. 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
Loss of Consortium
Latent Ambiguity
Oral Agreements (SOF)
10. The interference with the right of consortium by a tortfesor to one spouse affords the other spouse with a legal cause of action to recover damages for that interference. Consortium refers to the loss of a spouse's services after injury. A loss of so
Pre-Nuptial Agreements
Loss of Consortium
Gambling Winnings and Losses
Liquidated Damages
11. 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.
Specially Manufactured Goods (SOF)
Conditional Devise
Age Discrimination
Damages
12. 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.
3rd Party Beneficiary
Destruction of Identified Goods
Taxability of Sale of Residence
Latent Ambiguity
13. 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.
Representing Multiple Parties
Specially Manufactured Goods (SOF)
Liquidated Damages
Retraint on Alienation
14. (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
Unconcionable Contract Provision (UCC)
Attorney-Client Communication
Dying Declaration
Taxability of Embezzeled Property
15. (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
Sharehold Derivative Suit
Deed (Delivery)
Restrictive Covenant (Enforcement)
Jgmt on the Pleadings
16. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
1st Amendment Free Association
Mutual Mistake
Warranties/Disclaimers
Latent Ambiguity
17. 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.
Oral Agreements (SOF)
Privacy Rights
Alimony
Mitigation of Damages
18. 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
Lawyer Advertising
Hearsay
Mutual Mistake
19. 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
Equitable Division
Pretermitted Spouse
Standing
Defense of Minority
20. 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
Loss of Consortium
Taxability of Embezzeled Property
Deed (Delivery)
Anticipatory Repudiation
21. 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.
Tenancy by the Entireties
Entrapment
Recklessly Endangering
RPC (Competence)
22. 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
Protection From Abuse Order
Attorney Work Product
Joint Tenancy w/ Right of Survivorship
Anticipatory Repudiation
23. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Lawyer Advertising
RPC (Competence)
Entrapment
Equitable Division
24. 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
Corporate Opportunity
Landlord Duties
Usurpation of Corporate Opportunity (Remedies)
Accord and Satisfaction
25. 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.
ADEA (shifting burdens)
Implied Warranty Construction Contract
Proper Service of Complaint
Standing
26. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Codicil
Fee Agreements
Incorporation by Reference
Merchants Confirming Memo
27. 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
Lay Opinion Testimony
4th Amendment Search and Seizure
Entrapment
Robbery
28. 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
Proper Service of Complaint
Latent Ambiguity
Negligence (Malpractice)
29. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Americans w/ Disabilites Act
Fee Agreements
Latent Ambiguity
Protection From Abuse Order
30. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Joint Tenancy w/ Right of Survivorship
Simple Assault
Restrictive Covenant (Enforcement)
Standing
31. 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
Estates (Slayer's Act)
Constructive Eviction
Criminal Trespass
Taxability of Embezzeled Property
32. 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
Oral Agreements (SOF)
Entrapment
Liability of Claims After Merger
33. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Entrapment
Title VII- Retaliatory Discharge
Fair Reporting Privilege
Receiving Stolen Property
34. 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.
Devise of Encumbered Property
RPC (Prospective Client)
Landlord Duties
Statute of Frauds
35. Restitution made is generally deductible in the year made.
Negligence (Malpractice)
Standing
Receiving Stolen Property
Deductibility of Restitution
36. 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
Deed (Delivery)
Anticipatory Repudiation
Criminal Conspiracy
3rd Party Beneficiary
37. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
1st Degree Murder
Estates (Advancement)
Unconcionable Contract Provision (UCC)
CP (Motion for New Trial)
38. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Applicability of Express Warranty
Prescriptive Easement (scope)
Receipt of Income
Warranties/Disclaimers
39. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Attorney Work Product
Joint Tenancy (Severance)
Liability of Claims After Merger
Recklessly Endangering
40. 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
Special Warranty Deed
4th Amendment Govt Employers
Mutual Mistake
Robbery
41. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Implied Warranty Construction Contract
Entrapment
Treasure Trove
42. 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.
Equitable Division
Present-sense Impression
Forgery
Dying Declaration
43. 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
Mutual Mistake
Destruction of Identified Goods
RPC (Competence)
Bequests
44. 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
Restrictions on Transferability of Stock
Oral Agreements (SOF)
Attorney Contact w/ Represented Party
45. 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.
2nd Degree Murder
Taxability of Sale of Residence
Dormant Commerce Clause
Equitable Division
46. 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.
Joint Tenancy (Severance)
Fair Reporting Privilege
Removal to Action to Federal Court
Liquidated Damages
47. 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.
Impeachment
Perjury
1st Degree Murder
Board of Directors (Voting)
48. 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
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49. 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.
Negligence (Malpractice)
Burglary
Summary Jugment
Oral Agreements (SOF)
50. 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
CP (Motion for New Trial)
Buyer's duties (rejected goods)
Ademption
Pat Down Search