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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. 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
Alimony
Mutual Mistake
Ademption
Warranties/Disclaimers
2. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Contract Formation
Specially Manufactured Goods (SOF)
Restrictive Covenant (Enforcement)
Duty to Minority Shareholders
3. 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
1st Amendment Free Association
Privacy Rights
Treasure Trove
Dormant Commerce Clause
4. 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
Criminal Trespass
Treasure Trove
Attorney Work Product
Oral Agreements (SOF)
5. Income from gambling constitutes gross taxable income - while losses may be deducted.
Standing
Taxability of Sale of Residence
Gambling Winnings and Losses
Liquidated Damages
6. 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.
Joint Tenancy w/ Right of Survivorship
Landlord Duties
Oral Agreements (SOF)
Attorney Contact w/ Represented Party
7. A direct or indirect threat to commit a crime with intent to terrorize.
Standing
Criminal Conspiracy
Present-sense Impression
Terroristic Threats
8. Use of force to aid in escape after committing a theft constitutes robbery.
Special Warranty Deed
Liability of Directors (improper distribution)
Latent Ambiguity
Robbery
9. 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
Applicability of Express Warranty
Receiving Stolen Property
Ademption
10. 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
Corporate Opportunity
Theft by Deception
2nd Degree Murder
Restrictive Covenant (Enforcement)
11. 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
Mutual Mistake
Present-sense Impression
CP (Motion for New Trial)
Jgmt on the Pleadings
12. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Restrictive Covenant (Enforcement)
Incorporation by Reference
Unconcionable Contract Provision (UCC)
13. 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.
1st Degree Murder
Receipt of Income
Retraint on Alienation
Merchants Confirming Memo
14. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Equitable Division
Tax (Life Insurance Policy Proceeds)
Summary Jugment
15. 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
Estates (Slayer's Act)
Domicile
Taxability of Sale of Residence
Usurpation of Corporate Opportunity (Remedies)
16. (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
Gift of Stock
Jgmt on the Pleadings
1st Amendment Free Speech (Defamation
Tax (Life Insurance Policy Proceeds)
17. 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
Liability of Claims After Merger
Excited Utterance
Devise of Encumbered Property
Constructive Eviction
18. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Impeachment
Taxability of Sale of Residence
Removal to Action to Federal Court
ADEA (shifting burdens)
19. 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.
Gift of Stock
Strict Products Liability
Applicability of Express Warranty
Hearsay
20. 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.
Gift of Stock
Codicil
Implied Warranty Construction Contract
Equitable Division
21. Property obtained during the course of the marriage is marital property - subject to equitable division.
Restrictions on Transferability of Stock
Pat Down Search
Marital Property
Estates (Advancement)
22. 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
1st Amendment Free Speech (Defamation
Usurpation of Corporate Opportunity (Remedies)
Fed Tax (Advancement)
Gift of Stock
23. 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.
Merchants Confirming Memo
Latent Ambiguity
Recklessly Endangering
Proper Service of Complaint
24. 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.
3rd Party Beneficiary
Statute of Frauds
Deed (Delivery)
Accord and Satisfaction
25. 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
Simple Assault
Criminal Trespass
1st Amendment Free Association
Board of Directors (Voting)
26. 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.
Sharehold Derivative Suit
Alimony
Criminal Conspiracy
Forgery
27. 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.
Receipt of Income
Destruction of Identified Goods
Taxability of Sale of Residence
Mitigation of Damages
28. Generally - a promise to answer for the debts of another must be in writing to be enforceable. If the main object of the promisor is to serve his own pecuniary or business purpose - then SOF does not apply.
Oral Agreements (SOF)
Proper Service of Complaint
Pretermitted Spouse
Receipt of Income
29. 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.
Pretermitted Spouse
Excited Utterance
Will Requirements
Notice for Special Meeting
30. 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
Sharehold Derivative Suit
Fed Tax (Advancement)
Alimony
4th Amendment Search and Seizure
31. 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
Equitable Division
Robbery
Recording Statute
Latent Ambiguity
32. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Warranties/Disclaimers
Recklessly Endangering
Burglary
Statute of Frauds
33. 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
Americans w/ Disabilites Act
Liability of Directors (improper distribution)
Deed (Delivery)
Lawyer Advertising
34. 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.
Robbery
Latent Ambiguity
Bona Fide Purchaser
1st Degree Murder
35. 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
Emancipation
Warranties/Disclaimers
Ademption
Fed Tax (Advancement)
36. 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.
Specially Manufactured Goods (SOF)
Estates (Advancement)
Applicability of Express Warranty
Summary Jugment
37. 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
Simple Assault
3rd Party Beneficiary
Deed (Delivery)
Theft
38. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Theft
Strict Products Liability
Will Requirements
39. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Devise of Encumbered Property
Merchants Confirming Memo
Specially Manufactured Goods (SOF)
Fee Agreements
40. 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
4th Amendment Govt Employers
Sharehold Derivative Suit
Duty to Minority Shareholders
Incorporation by Reference
41. 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.
Specially Manufactured Goods (SOF)
Pretermitted Spouse
Usurpation of Corporate Opportunity (Remedies)
Board of Directors (Voting)
42. 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
Estates (Advancement)
Criminal Trespass
Board of Directors (Voting)
43. 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.
Retraint on Alienation
Perjury
Robbery
Unconcionable Contract Provision (UCC)
44. 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.
Restrictive Covenant (Enforcement)
Removal to Action to Federal Court
Joint Tenancy w/ Right of Survivorship
Destruction of Identified Goods
45. 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.
Will Requirements
Latent Ambiguity
Entrapment
Theft by Deception
46. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Corporate Opportunity
Age Discrimination
Marital Property
47. 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.
Entrapment
Liability of Claims After Merger
Lawyer Advertising
Impeachment
48. 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'.
CP (New Matter/Answer)
Constructive Eviction
Bequests
Alimony
49. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Fair Reporting Privilege
RPC (Competence)
Restrictions on Transferability of Stock
Deed (Delivery)
50. 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
Robbery
Codicil
Unauthorized Practice of Law
Receiving Stolen Property