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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. 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
Duty to Minority Shareholders
Receiving Stolen Property
1st Amendment Free Association
Bequests
2. 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.
2nd Degree Murder
Revocation of Acceptance
Incorporation by Reference
Robbery
3. 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
Title VII- Retaliatory Discharge
Strict Products Liability
Equitable Division
Proper Service of Complaint
4. 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
Implied Warranty Construction Contract
Incorporation by Reference
Equitable Division
Fee Agreements
5. 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.
Latent Ambiguity
ADEA (shifting burdens)
Special Warranty Deed
Applicability of Express Warranty
6. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Prescriptive Easement
1st Amendment Free Speech (Defamation
ADEA (shifting burdens)
Supression of Evidence
7. Requires physical presence together with an intent to establish.
Domicile
Corporate Opportunity
Estates (Intestate)
Loss of Consortium
8. 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.
Damages
Joint Tenancy w/ Right of Survivorship
CP (New Matter/Answer)
Forgery
9. 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.
10. 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
Domicile
Dormant Commerce Clause
Lay Opinion Testimony
Americans w/ Disabilites Act
11. 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.
Deed (Delivery)
Accord and Satisfaction
1st Amendment Free Speech
Revocation of Acceptance
12. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Theft by Deception
Robbery
Receipt of Income
Specially Manufactured Goods (SOF)
13. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Protection From Abuse Order
Attorney Work Product
Estates (Slayer's Act)
2nd Degree Murder
14. 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.
Hearsay
Supression of Evidence
Will Requirements
3rd Party Beneficiary
15. 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
Destruction of Identified Goods
Burglary
Attorney Work Product
Jgmt on the Pleadings
16. 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
Liability of Directors (improper distribution)
Estates (Slayer's Act)
Title VII- Retaliatory Discharge
Warranties/Disclaimers
17. 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
Receiving Stolen Property
Simple Assault
Ademption
18. 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 (Severance)
Joint Tenancy w/ Right of Survivorship
Excited Utterance
Kidnapping
19. 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.
Corporate Opportunity
Buyer's duties (rejected goods)
Retraint on Alienation
Estates (Advancement)
20. 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
Americans w/ Disabilites Act
Age Discrimination
1st Amendment Free Speech
Damages
21. 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.
Revocation of Acceptance
Theft
Corporate Opportunity
Proper Service of Complaint
22. 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'.
1st Amendment Free Association
CP (New Matter/Answer)
Landlord Duties
Domicile
23. 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
Taxability of Sale of Residence
Emancipation
Statute of Frauds
1st Amendment Free Speech (Defamation
24. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Implied Warranty Construction Contract
Prescriptive Easement
Liability of Claims After Merger
Fair Reporting Privilege
25. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Attorney Work Product
Board of Directors (Voting)
Loss of Consortium
26. 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
Excited Utterance
Representing Multiple Parties
Recording Statute
27. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Fed Tax (Advancement)
Tax (Life Insurance Policy Proceeds)
Devise of Encumbered Property
28. 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
Prescriptive Easement (scope)
Burglary
Procedural Due Process
Loss of Consortium
29. 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
Excited Utterance
Age Discrimination
1st Amendment Free Speech (Defamation
30. 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
Pre-Nuptial Agreements
1st Amendment Free Speech
Deductibility of Restitution
Negligence (Malpractice)
31. 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
Specially Manufactured Goods (SOF)
Usurpation of Corporate Opportunity (Remedies)
Entrapment
Fed Tax (Advancement)
32. 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
Taxability of Sale of Residence
Landlord Duties
Bequests
Codicil
33. 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.
Title VII- Retaliatory Discharge
Attorney Contact w/ Represented Party
RPC (Competence)
Hearsay
34. PA's recording statute protects BFP for value - is without notice of the interest of the prior grantee - and records the deed first. Notice includes not only record notice but also constructive or inquiry notice obtained by inspection of the property
Proper Service of Complaint
Bona Fide Purchaser
3rd Party Beneficiary
Ademption
35. 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
Equitable Division
Damages
Landlord Duties
1st Amendment Free Association
36. 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.
Destruction of Identified Goods
Equitable Division
Receiving Stolen Property
Theft by Deception
37. 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
Fee Agreements
Theft
Restrictive Covenant (Enforcement)
Conditional Devise
38. 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
Tax (Life Insurance Policy Proceeds)
1st Amendment Free Association
Attorney-Client Communication
39. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
RPC (Competence)
Pre-Nuptial Agreements
Perjury
ADEA (shifting burdens)
40. 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
Taxability of Embezzeled Property
Corporate Opportunity
Representing Multiple Parties
1st Amendment Free Speech (Defamation
41. 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)
Liability of Claims After Merger
Dying Declaration
Damages
42. Accord is a contract whereby an obligee promises to accept a stated performance in satisfaction of the obligor's original duty. Where there is a dispute between the parties concerning the amount due - consideration for an accord is found when the cre
Oral Agreements (SOF)
Accord and Satisfaction
Supression of Evidence
Devise of Encumbered Property
43. A direct or indirect threat to commit a crime with intent to terrorize.
Will Requirements
Representing Multiple Parties
Terroristic Threats
Taxability of Embezzeled Property
44. 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
Unconcionable Contract Provision (UCC)
Attorney-Client Communication
Anticipatory Repudiation
Equitable Division
45. 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
Marital Property
1st Amendment Free Speech (Defamation
1st Amendment Free Association
Taxability of Sale of Residence
46. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Pre-Nuptial Agreements
Estates (Intestate)
Taxability of Sale of Residence
Fee Agreements
47. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Hearsay
Strict Products Liability
Title VII- Retaliatory Discharge
Revocation of Acceptance
48. 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.
Fair Reporting Privilege
Constructive Eviction
Hearsay
Perjury
49. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Impeachment
Tenancy by the Entireties
Receiving Stolen Property
Pat Down Search
50. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Codicil
Prescriptive Easement
Criminal Trespass
Americans w/ Disabilites Act