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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. 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.
Warranties/Disclaimers
Oral Agreements (SOF)
1st Amendment Free Speech (Defamation
Latent Ambiguity
2. 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.
Alimony
Mitigation of Damages
Loss of Consortium
Taxability of Embezzeled Property
3. 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
Standing
Burglary
Codicil
4. 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.
Prescriptive Easement (scope)
Title VII- Retaliatory Discharge
Taxability of Sale of Residence
Deed (Delivery)
5. 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
Statute of Frauds
Tax (Life Insurance Policy Proceeds)
Unauthorized Practice of Law
Pat Down Search
6. 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.
Robbery
Mitigation of Damages
Title VII- Retaliatory Discharge
Perjury
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.
Constructive Eviction
Tax (Life Insurance Policy Proceeds)
Notice for Special Meeting
Latent Ambiguity
8. 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.
Will Requirements
1st Amendment Free Speech
Joint Tenancy (Severance)
CP (New Matter/Answer)
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
1st Amendment Free Speech
1st Amendment Free Speech (Defamation
Latent Ambiguity
Prescriptive Easement (scope)
10. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Restrictions on Transferability of Stock
Tax (Life Insurance Policy Proceeds)
Title VII- Retaliatory Discharge
CP (Motion for New Trial)
11. 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.
Attorney Contact w/ Represented Party
Pretermitted Spouse
Usurpation of Corporate Opportunity (Remedies)
Simple Assault
12. 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.
Mitigation of Damages
Specially Manufactured Goods (SOF)
Fed Tax (Advancement)
Implied Warranty Construction Contract
13. 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
Pat Down Search
Statute of Frauds
3rd Party Beneficiary
Fair Reporting Privilege
14. 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
Equitable Division
Sharehold Derivative Suit
Unauthorized Practice of Law
Terroristic Threats
15. 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
Loss of Consortium
Lay Opinion Testimony
Dying Declaration
Devise of Encumbered Property
16. 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
Treasure Trove
Dormant Commerce Clause
Taxability of Sale of Residence
Fed Tax (Advancement)
17. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Liability of Directors (improper distribution)
Unauthorized Practice of Law
1st Amendment Free Speech
18. Use of force to aid in escape after committing a theft constitutes robbery.
Latent Ambiguity
Implied Warranty Construction Contract
Robbery
Board of Directors (Removal)
19. The goal of damages in breach of building contract by the contractor is to protect the expectation interest of the injured party. Where the building contractor breaches the contract by defective performance - cost of repair or completion is the usual
Standing
ADEA (shifting burdens)
Damages
Taxability of Embezzeled Property
20. 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'
Estates (Advancement)
Estates (Slayer's Act)
Lawyer Advertising
Merchants Confirming Memo
21. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Marital Property
Alimony
Specially Manufactured Goods (SOF)
Title VII- Retaliatory Discharge
22. 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
Excited Utterance
Specially Manufactured Goods (SOF)
Liquidated Damages
Revocation of Acceptance
23. 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
Implied Warranty Construction Contract
Age Discrimination
Fair Reporting Privilege
Fed Tax (Advancement)
24. Requires physical presence together with an intent to establish.
Privacy Rights
Domicile
Joint Tenancy (Severance)
Fair Reporting Privilege
25. 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.
Special Warranty Deed
Bona Fide Purchaser
Equitable Division
Entrapment
26. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Estates (Intestate)
Lawyer Advertising
RPC (Competence)
Ademption
27. 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.
Mutual Mistake
3rd Party Beneficiary
Lay Opinion Testimony
Board of Directors (Voting)
28. 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
Restrictions on Transferability of Stock
Latent Ambiguity
Taxability of Sale of Residence
29. (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
Dormant Commerce Clause
Criminal Conspiracy
Ademption
Attorney-Client Communication
30. 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
Theft
1st Amendment Free Speech (Defamation
Equitable Division
31. 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.
Present-sense Impression
Jgmt on the Pleadings
3rd Party Beneficiary
Statute of Frauds
32. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Pretermitted Spouse
Receiving Stolen Property
Incorporation by Reference
33. 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
Procedural Due Process
Defense of Minority
1st Amendment Free Speech
Special Warranty Deed
34. 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.
Representing Multiple Parties
Criminal Conspiracy
Negligence (Malpractice)
Proper Service of Complaint
35. 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.
Alimony
Receiving Stolen Property
Excited Utterance
Equitable Division
36. The intestate estate of a decedent who does not leave a surviving spouse but does leave two surviving children (and no deceased children) passes in equal shares to the decedent's two children.
Estates (Intestate)
Age Discrimination
Prescriptive Easement (scope)
Recklessly Endangering
37. Buyer can revoke acceptance of goods if goods were accepted without discovery of the defect in the goods and buyer relied upon assurances of the seller in accepting the goods.
Excited Utterance
Liquidated Damages
Revocation of Acceptance
CP (New Matter/Answer)
38. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
4th Amendment Search and Seizure
Terroristic Threats
Taxability of Embezzeled Property
39. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Lawyer Advertising
ADEA (shifting burdens)
Duty to Minority Shareholders
40. 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.
Unconcionable Contract Provision (UCC)
Hearsay
ADEA (shifting burdens)
Contract Formation
41. 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
RPC (Prospective Client)
Removal to Action to Federal Court
Retraint on Alienation
Americans w/ Disabilites Act
42. 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.
Oral Agreements (SOF)
Fed Tax (Advancement)
Landlord Duties
RPC (Competence)
43. 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
Theft by Deception
Marital Property
Receipt of Income
Joint Tenancy (Severance)
44. 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.
Destruction of Identified Goods
Defense of Minority
Latent Ambiguity
Ademption
45. Distributions may be authorized by directors with certain limitations such as the equity insolvency test and balance sheet test. Directors owe a duty of care and loyalty to the corporation that they serve. Directors who vote for an improper distribut
Joint Tenancy w/ Right of Survivorship
Incorporation by Reference
Liability of Directors (improper distribution)
Attorney Contact w/ Represented Party
46. 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
Damages
Bequests
Devise of Encumbered Property
Representing Multiple Parties
47. 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).
Pre-Nuptial Agreements
Impeachment
Anticipatory Repudiation
Fee Agreements
48. 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
Restrictions on Transferability of Stock
Duty to Minority Shareholders
Taxability of Sale of Residence
49. 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.
4th Amendment Search and Seizure
Revocation of Acceptance
Forgery
2nd Degree Murder
50. 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.
Americans w/ Disabilites Act
Incorporation by Reference
Bona Fide Purchaser
Age Discrimination