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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. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
4th Amendment Search and Seizure
Warranties/Disclaimers
Sharehold Derivative Suit
Liability of Claims After Merger
2. 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
Emancipation
Forgery
4th Amendment Govt Employers
Prescriptive Easement (scope)
3. Directors generally serve at the will of the shareholders and can be removed by the shareholders with or without cause. Directors may only be removed by the direcors for cause under limited circumstances.
Loss of Consortium
Accord and Satisfaction
Pat Down Search
Board of Directors (Removal)
4. 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.
Attorney Work Product
Duty to Minority Shareholders
Tenancy by the Entireties
Fed Tax (Advancement)
5. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Notice for Special Meeting
Perjury
Receiving Stolen Property
2nd Degree Murder
6. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Latent Ambiguity
Attorney-Client Communication
Pre-Nuptial Agreements
Specially Manufactured Goods (SOF)
7. 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.
Equitable Division
Latent Ambiguity
1st Amendment Free Association
Prescriptive Easement (scope)
8. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Estates (Intestate)
Title VII- Retaliatory Discharge
Jgmt on the Pleadings
Taxability of Sale of Residence
9. 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
1st Degree Murder
Liability of Directors (improper distribution)
Standing
Latent Ambiguity
10. 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
Usurpation of Corporate Opportunity (Remedies)
Equitable Division
Terroristic Threats
Prescriptive Easement
11. 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
Domicile
Constructive Eviction
Age Discrimination
RPC (Prospective Client)
12. Requires physical presence together with an intent to establish.
Taxability of Sale of Residence
Ademption
Domicile
Present-sense Impression
13. 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
Prescriptive Easement
Recording Statute
Incorporation by Reference
Will Requirements
14. Liabilities of the disappearing corporation flow to the surviving corporation.
Criminal Conspiracy
Liquidated Damages
Domicile
Liability of Claims After Merger
15. 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
Gift of Stock
RPC (Prospective Client)
Removal to Action to Federal Court
Estates (Advancement)
16. Restitution made is generally deductible in the year made.
Warranties/Disclaimers
Mitigation of Damages
4th Amendment Search and Seizure
Deductibility of Restitution
17. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Will Requirements
Estates (Slayer's Act)
Fee Agreements
18. 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).
Procedural Due Process
Dormant Commerce Clause
Impeachment
CP (New Matter/Answer)
19. 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
Procedural Due Process
Taxability of Sale of Residence
Implied Warranty Construction Contract
Pretermitted Spouse
20. 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.
Mitigation of Damages
Terroristic Threats
4th Amendment Govt Employers
Deductibility of Restitution
21. 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.
Unauthorized Practice of Law
Removal to Action to Federal Court
Liability of Directors (improper distribution)
Standing
22. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Receiving Stolen Property
Negligence (Malpractice)
Statute of Frauds
23. 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.
Present-sense Impression
Representing Multiple Parties
Mutual Mistake
Taxability of Sale of Residence
24. 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.
Liability of Claims After Merger
Joint Tenancy w/ Right of Survivorship
Perjury
Warranties/Disclaimers
25. 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.
Retraint on Alienation
Attorney Contact w/ Represented Party
Restrictive Covenant (Enforcement)
Representing Multiple Parties
26. 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
Devise of Encumbered Property
Board of Directors (Removal)
Joint Tenancy (Severance)
Lay Opinion Testimony
27. 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.
3rd Party Beneficiary
Retraint on Alienation
Mutual Mistake
Prescriptive Easement (scope)
28. A verdict is against the weight of the evidence where the verdict constitutes a miscarriage of justice or shocks the conscience of the Court - or is such that no reasonable jury could have reached the same conclusion.
Emancipation
Tenancy by the Entireties
CP (Motion for New Trial)
Implied Warranty Construction Contract
29. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Protection From Abuse Order
Merchants Confirming Memo
Criminal Trespass
Privacy Rights
30. 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.
Taxability of Embezzeled Property
Warranties/Disclaimers
Accord and Satisfaction
Lawyer Advertising
31. 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
Representing Multiple Parties
Anticipatory Repudiation
Kidnapping
Supression of Evidence
32. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Lay Opinion Testimony
Privacy Rights
Americans w/ Disabilites Act
Pre-Nuptial Agreements
33. A direct or indirect threat to commit a crime with intent to terrorize.
Unauthorized Practice of Law
Terroristic Threats
Dormant Commerce Clause
Oral Agreements (SOF)
34. 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
Implied Warranty Construction Contract
Joint Tenancy w/ Right of Survivorship
Alimony
35. 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).
Treasure Trove
Joint Tenancy w/ Right of Survivorship
Constructive Eviction
Landlord Duties
36. 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
Proper Service of Complaint
Bequests
Estates (Slayer's Act)
Anticipatory Repudiation
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
Prescriptive Easement (scope)
Bona Fide Purchaser
Retraint on Alienation
Special Warranty Deed
38. 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
Retraint on Alienation
Summary Jugment
Theft by Deception
Fed Tax (Advancement)
39. 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.
Terroristic Threats
Removal to Action to Federal Court
Americans w/ Disabilites Act
Dying Declaration
40. 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
Strict Products Liability
Tax (Life Insurance Policy Proceeds)
Lay Opinion Testimony
Taxability of Sale of Residence
41. 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
Devise of Encumbered Property
Restrictive Covenant (Enforcement)
Prescriptive Easement
Attorney Work Product
42. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Standing
Robbery
Latent Ambiguity
Lay Opinion Testimony
43. 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.
Entrapment
Duty to Minority Shareholders
Board of Directors (Voting)
Retraint on Alienation
44. 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.
Receiving Stolen Property
Buyer's duties (rejected goods)
Forgery
Negligence (Malpractice)
45. Use of force to aid in escape after committing a theft constitutes robbery.
Liability of Claims After Merger
Robbery
Lay Opinion Testimony
ADEA (shifting burdens)
46. 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
Privacy Rights
Board of Directors (Removal)
Receiving Stolen Property
Theft by Deception
47. 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
Bona Fide Purchaser
Joint Tenancy w/ Right of Survivorship
2nd Degree Murder
Gift of Stock
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)
Defense of Minority
Joint Tenancy (Severance)
Latent Ambiguity
49. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Receiving Stolen Property
Attorney Work Product
Impeachment
50. 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.
Specially Manufactured Goods (SOF)
1st Amendment Free Speech
Impeachment
Receipt of Income
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