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PA Bar Exam

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. 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






2. Property obtained during the course of the marriage is marital property - subject to equitable division.






3. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a






4. 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






5. 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






6. 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






7. Conditional devise must be strictly construed and reasonable construction of language must be given in favor of beneficiary. A condition to a devise must be express and not implied.






8. 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.






9. 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.






10. 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.






11. 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






12. 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.






13. 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






14. 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.






15. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.






16. 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.






17. 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






18. 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






19. 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






20. 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






21. 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.






22. 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






23. 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).






24. Use of force to aid in escape after committing a theft constitutes robbery.






25. 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.






26. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.






27. Govt employees have reasonable expectation of privacy in desk - file cabinets absent any contrary practices. Warrant not required for workplace search by Govt employer- search must be reasonable. Search must be reasonable at inception - related to in






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.






29. 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.






30. 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.






31. 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.






32. 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






33. An express warranty may be enforced by a third party beneficiary who was injured while a guest at the home of the purchaser of the goods to which the warranty applies.






34. 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.






35. 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






36. 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






37. 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






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.






39. 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.






40. 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






41. The right of election against the will of deceased spouse is 1/3 of the estate. The right of election can be waived in a prenuptial agreement - be forfeited by desertion - or be prohibited in certain circumstances when a divorce is pending.






42. 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






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






44. Income from gambling constitutes gross taxable income - while losses may be deducted.






45. 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'






46. 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.






47. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.






48. 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






49. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.






50. 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