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Test your basic knowledge |
PA Bar Exam
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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. Requires physical presence together with an intent to establish.
Title VII- Retaliatory Discharge
Prescriptive Easement
Domicile
Impeachment
2. 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.
Restrictive Covenant (Enforcement)
Latent Ambiguity
Liability of Directors (improper distribution)
Present-sense Impression
3. 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
Unauthorized Practice of Law
4th Amendment Search and Seizure
Constructive Eviction
Tenancy by the Entireties
4. 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
Prescriptive Easement
Taxability of Sale of Residence
Title VII- Retaliatory Discharge
5. 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).
Pat Down Search
Usurpation of Corporate Opportunity (Remedies)
Impeachment
Receipt of Income
6. Liabilities of the disappearing corporation flow to the surviving corporation.
Attorney Contact w/ Represented Party
Latent Ambiguity
Liability of Claims After Merger
Special Warranty Deed
7. 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.
Anticipatory Repudiation
Latent Ambiguity
Notice for Special Meeting
Liquidated Damages
8. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Kidnapping
Recording Statute
Conditional Devise
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
Forgery
Lay Opinion Testimony
Simple Assault
1st Amendment Free Speech (Defamation
10. 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
Ademption
Attorney Work Product
Dying Declaration
Kidnapping
11. 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
Excited Utterance
Board of Directors (Voting)
Marital Property
Codicil
12. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Forgery
Americans w/ Disabilites Act
Deed (Delivery)
Warranties/Disclaimers
13. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Equitable Division
1st Amendment Free Speech
Incorporation by Reference
Theft by Deception
14. T can incorporate by reference a document into her will so long as said document is in existence at the time at which the will is executed. Document to be incorporated by reference must be sufficiently identified in the will and its incorporation mus
CP (Motion for New Trial)
Incorporation by Reference
Latent Ambiguity
Recording Statute
15. 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.
Pretermitted Spouse
Implied Warranty Construction Contract
Duty to Minority Shareholders
Forgery
16. An attorney is prohibited from communicating about the subject of the representation with a party the lawyer knows to be represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
Gambling Winnings and Losses
Simple Assault
Destruction of Identified Goods
Attorney Contact w/ Represented Party
17. 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
Unauthorized Practice of Law
Buyer's duties (rejected goods)
Excited Utterance
18. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Equitable Division
Burglary
Conditional Devise
Prescriptive Easement (scope)
19. 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.
Deed (Delivery)
Age Discrimination
Liquidated Damages
Estates (Slayer's Act)
20. 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.
Supression of Evidence
Prescriptive Easement
Retraint on Alienation
Landlord Duties
21. 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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22. 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
Dormant Commerce Clause
Procedural Due Process
Entrapment
Alimony
23. 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.
4th Amendment Search and Seizure
Hearsay
Liquidated Damages
Perjury
24. 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.
Latent Ambiguity
Liability of Claims After Merger
Conditional Devise
Lawyer Advertising
25. 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
Mitigation of Damages
4th Amendment Govt Employers
Taxability of Sale of Residence
Bequests
26. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Fee Agreements
ADEA (shifting burdens)
Standing
27. 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
Alimony
Implied Warranty Construction Contract
Tax (Life Insurance Policy Proceeds)
Privacy Rights
28. 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.
1st Amendment Free Speech
Attorney Work Product
Entrapment
Unauthorized Practice of Law
29. 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
Board of Directors (Removal)
Jgmt on the Pleadings
1st Amendment Free Association
3rd Party Beneficiary
30. 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.
Recklessly Endangering
Incorporation by Reference
Prescriptive Easement (scope)
Devise of Encumbered Property
31. 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
Supression of Evidence
Revocation of Acceptance
Summary Jugment
32. 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.
Estates (Intestate)
Retraint on Alienation
Specially Manufactured Goods (SOF)
Contract Formation
33. 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.
Tenancy by the Entireties
Notice for Special Meeting
Estates (Advancement)
Summary Jugment
34. 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
Applicability of Express Warranty
Liquidated Damages
Simple Assault
Criminal Trespass
35. 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.
Receipt of Income
1st Amendment Free Association
Taxability of Embezzeled Property
Robbery
36. 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.
Oral Agreements (SOF)
Bequests
1st Amendment Free Association
Destruction of Identified Goods
37. 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
Americans w/ Disabilites Act
Standing
Fee Agreements
Fed Tax (Advancement)
38. 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.
Latent Ambiguity
Domicile
Lawyer Advertising
Special Warranty Deed
39. 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
Restrictive Covenant (Enforcement)
Will Requirements
Pat Down Search
Codicil
40. 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.
Prescriptive Easement
2nd Degree Murder
Merchants Confirming Memo
CP (Motion for New Trial)
41. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Recording Statute
Defense of Minority
Revocation of Acceptance
42. 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'
Tax (Life Insurance Policy Proceeds)
Deed (Delivery)
Lawyer Advertising
Sharehold Derivative Suit
43. 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.
Treasure Trove
Mitigation of Damages
Domicile
Receiving Stolen Property
44. 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
Recklessly Endangering
Joint Tenancy (Severance)
Hearsay
Attorney Work Product
45. 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
Americans w/ Disabilites Act
Taxability of Sale of Residence
Lay Opinion Testimony
Restrictions on Transferability of Stock
46. 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
Protection From Abuse Order
Privacy Rights
Joint Tenancy (Severance)
Burglary
47. 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.
Dormant Commerce Clause
Removal to Action to Federal Court
Estates (Slayer's Act)
Contract Formation
48. 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
Special Warranty Deed
Jgmt on the Pleadings
Contract Formation
Dormant Commerce Clause
49. 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
Attorney Contact w/ Represented Party
Supression of Evidence
Incorporation by Reference
Prescriptive Easement (scope)
50. The ADA prohibits discrimination against a qualified individual with a disability because of the disability with respect to discharge or other terms and conditions of employment. The ADA also requires that an employer consider an accomodation which w
Americans w/ Disabilites Act
Statute of Frauds
Applicability of Express Warranty
Usurpation of Corporate Opportunity (Remedies)
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