SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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
Deed (Delivery)
Prescriptive Easement (scope)
Liability of Directors (improper distribution)
Estates (Slayer's Act)
2. 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.
Latent Ambiguity
Receipt of Income
Unconcionable Contract Provision (UCC)
Liquidated Damages
3. 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.
Unconcionable Contract Provision (UCC)
Marital Property
Latent Ambiguity
Board of Directors (Removal)
4. 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.
Strict Products Liability
Gift of Stock
Perjury
1st Amendment Free Association
5. 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.
CP (New Matter/Answer)
Implied Warranty Construction Contract
Loss of Consortium
Criminal Trespass
6. 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.
Removal to Action to Federal Court
Dormant Commerce Clause
Revocation of Acceptance
Usurpation of Corporate Opportunity (Remedies)
7. 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.
2nd Degree Murder
Mutual Mistake
Estates (Intestate)
Excited Utterance
8. 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.
Joint Tenancy (Severance)
Emancipation
Contract Formation
Proper Service of Complaint
9. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
ADEA (shifting burdens)
Usurpation of Corporate Opportunity (Remedies)
Prescriptive Easement
Emancipation
10. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.
Liability of Directors (improper distribution)
Corporate Opportunity
Forgery
Negligence (Malpractice)
11. 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.
Kidnapping
Summary Jugment
Pre-Nuptial Agreements
Impeachment
12. 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.
RPC (Prospective Client)
Sharehold Derivative Suit
Will Requirements
4th Amendment Govt Employers
13. 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
Mutual Mistake
Procedural Due Process
Attorney Work Product
Proper Service of Complaint
14. 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
CP (Motion for New Trial)
Americans w/ Disabilites Act
Latent Ambiguity
15. 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
Estates (Intestate)
RPC (Prospective Client)
Loss of Consortium
16. 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.
Attorney Contact w/ Represented Party
Gift of Stock
Latent Ambiguity
Restrictions on Transferability of Stock
17. 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
Corporate Opportunity
Revocation of Acceptance
Loss of Consortium
Deductibility of Restitution
18. 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
4th Amendment Search and Seizure
Corporate Opportunity
Conditional Devise
19. A direct or indirect threat to commit a crime with intent to terrorize.
Mutual Mistake
Standing
Terroristic Threats
Pretermitted Spouse
20. 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.
Special Warranty Deed
Implied Warranty Construction Contract
Destruction of Identified Goods
Conditional Devise
21. 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.
Conditional Devise
Jgmt on the Pleadings
Constructive Eviction
Restrictions on Transferability of Stock
22. 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)
Pat Down Search
Warranties/Disclaimers
Conditional Devise
23. 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
Bona Fide Purchaser
Title VII- Retaliatory Discharge
Americans w/ Disabilites Act
Criminal Trespass
24. 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
Bona Fide Purchaser
4th Amendment Govt Employers
Negligence (Malpractice)
Liability of Directors (improper distribution)
25. 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
Fed Tax (Advancement)
1st Amendment Free Speech
Dormant Commerce Clause
Estates (Intestate)
26. 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.
Ademption
CP (Motion for New Trial)
Mitigation of Damages
1st Amendment Free Speech
27. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Gambling Winnings and Losses
Strict Products Liability
Attorney Work Product
28. 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
Warranties/Disclaimers
Restrictive Covenant (Enforcement)
Accord and Satisfaction
Robbery
29. 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.
Excited Utterance
Prescriptive Easement
2nd Degree Murder
Merchants Confirming Memo
30. 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.
Forgery
Fair Reporting Privilege
Devise of Encumbered Property
Estates (Intestate)
31. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
32. To establish legal malpractice - client must establish: 1) employment of the attorney or other basis for a duty - 2) the failure of the attorney to exercise ordinary skill and knowledge - and 3) that such negligence was the proximate cause of damage
Marital Property
Entrapment
Negligence (Malpractice)
1st Amendment Free Speech (Defamation
33. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Procedural Due Process
Negligence (Malpractice)
Burglary
Robbery
34. 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
Kidnapping
Summary Jugment
Notice for Special Meeting
Emancipation
35. 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
Attorney Work Product
Deed (Delivery)
Applicability of Express Warranty
Emancipation
36. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
2nd Degree Murder
Prescriptive Easement
Implied Warranty Construction Contract
37. 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
Standing
Devise of Encumbered Property
Latent Ambiguity
Liquidated Damages
38. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Title VII- Retaliatory Discharge
Joint Tenancy (Severance)
Criminal Conspiracy
Devise of Encumbered Property
39. Marital misconduct may not be considered at an equitable division hearing. The Court should consider the parties' income as one factor in determining equitable property division.
Negligence (Malpractice)
Equitable Division
Joint Tenancy w/ Right of Survivorship
Burglary
40. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Present-sense Impression
Unconcionable Contract Provision (UCC)
Entrapment
Equitable Division
41. 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
Impeachment
Liquidated Damages
Merchants Confirming Memo
Corporate Opportunity
42. 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
Specially Manufactured Goods (SOF)
Americans w/ Disabilites Act
Equitable Division
Burglary
43. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Implied Warranty Construction Contract
Estates (Intestate)
Attorney Work Product
44. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Kidnapping
ADEA (shifting burdens)
Lay Opinion Testimony
1st Amendment Free Association
45. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Warranties/Disclaimers
Criminal Trespass
Latent Ambiguity
Anticipatory Repudiation
46. 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.
Board of Directors (Removal)
1st Amendment Free Speech
4th Amendment Govt Employers
Tenancy by the Entireties
47. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed
Anticipatory Repudiation
1st Amendment Free Speech
Loss of Consortium
Corporate Opportunity
48. 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
Bequests
ADEA (shifting burdens)
Attorney-Client Communication
Procedural Due Process
49. 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
Mutual Mistake
Incorporation by Reference
Tax (Life Insurance Policy Proceeds)
Criminal Trespass
50. 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.
1st Amendment Free Speech
1st Degree Murder
Mutual Mistake
Duty to Minority Shareholders