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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. 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
Usurpation of Corporate Opportunity (Remedies)
Implied Warranty Construction Contract
Gift of Stock
2. 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
Restrictive Covenant (Enforcement)
Treasure Trove
Latent Ambiguity
Recklessly Endangering
3. 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
Fair Reporting Privilege
2nd Degree Murder
Standing
Corporate Opportunity
4. Delivery of a deed is essential to pass title. Physical transfer of deed is not necessary to effect delivery. Delivery depends on the intent of the grantor. Delivery may be accomplished when grantor gives the deed to a third party with instructions r
Buyer's duties (rejected goods)
Deed (Delivery)
Simple Assault
1st Amendment Free Speech
5. 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.
4th Amendment Search and Seizure
2nd Degree Murder
Excited Utterance
Receiving Stolen Property
6. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Incorporation by Reference
Statute of Frauds
Taxability of Embezzeled Property
Jgmt on the Pleadings
7. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Bona Fide Purchaser
Impeachment
Prescriptive Easement (scope)
8. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Oral Agreements (SOF)
1st Amendment Free Association
Recklessly Endangering
Hearsay
9. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Perjury
Protection From Abuse Order
Merchants Confirming Memo
Supression of Evidence
10. 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.
Treasure Trove
CP (New Matter/Answer)
Buyer's duties (rejected goods)
Conditional Devise
11. 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
Unauthorized Practice of Law
Title VII- Retaliatory Discharge
Summary Jugment
3rd Party Beneficiary
12. 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
Attorney Contact w/ Represented Party
Recklessly Endangering
Unauthorized Practice of Law
Kidnapping
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
Bona Fide Purchaser
Bequests
Liability of Claims After Merger
Procedural Due Process
14. 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.
Gambling Winnings and Losses
Liquidated Damages
Latent Ambiguity
Statute of Frauds
15. 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
Dormant Commerce Clause
Standing
Gambling Winnings and Losses
4th Amendment Search and Seizure
16. 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.
Unauthorized Practice of Law
Age Discrimination
Liability of Claims After Merger
Implied Warranty Construction Contract
17. 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.
Perjury
Equitable Division
Board of Directors (Removal)
1st Amendment Free Speech
18. Bylaws require notice for special meeting. Notice can be waived by attendance and participation at the meeting. One can attend for the sole purpose of objecting.
Notice for Special Meeting
Prescriptive Easement (scope)
Estates (Advancement)
Criminal Trespass
19. 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
Board of Directors (Removal)
Summary Jugment
Devise of Encumbered Property
Bona Fide Purchaser
20. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
RPC (Competence)
Criminal Trespass
Supression of Evidence
Receiving Stolen Property
21. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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22. 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'
Pretermitted Spouse
Lawyer Advertising
1st Amendment Free Speech
Equitable Division
23. 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
Usurpation of Corporate Opportunity (Remedies)
1st Amendment Free Speech
Joint Tenancy (Severance)
24. 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.
Fee Agreements
Removal to Action to Federal Court
Deed (Delivery)
CP (Motion for New Trial)
25. 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
Ademption
Notice for Special Meeting
Dying Declaration
26. 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.
1st Amendment Free Speech (Defamation
Excited Utterance
Dying Declaration
Alimony
27. Restitution made is generally deductible in the year made.
Liability of Directors (improper distribution)
Summary Jugment
Deductibility of Restitution
Receiving Stolen Property
28. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Deed (Delivery)
Privacy Rights
Implied Warranty Construction Contract
29. 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
Jgmt on the Pleadings
RPC (Prospective Client)
Bequests
Entrapment
30. 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
Attorney Work Product
Americans w/ Disabilites Act
Bequests
31. 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.
Theft
Revocation of Acceptance
1st Amendment Free Speech
Warranties/Disclaimers
32. 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
Liquidated Damages
Estates (Intestate)
Bequests
Applicability of Express Warranty
33. (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
Proper Service of Complaint
Attorney-Client Communication
Defense of Minority
Revocation of Acceptance
34. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Will Requirements
Burglary
Liability of Directors (improper distribution)
Criminal Trespass
35. 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.
2nd Degree Murder
Usurpation of Corporate Opportunity (Remedies)
Jgmt on the Pleadings
Estates (Slayer's Act)
36. Use of force to aid in escape after committing a theft constitutes robbery.
Implied Warranty Construction Contract
Robbery
RPC (Prospective Client)
Receiving Stolen Property
37. 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
Estates (Advancement)
Proper Service of Complaint
Tax (Life Insurance Policy Proceeds)
Americans w/ Disabilites Act
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
1st Amendment Free Speech
Ademption
Will Requirements
39. 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
Proper Service of Complaint
Receipt of Income
Notice for Special Meeting
40. 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.
Summary Jugment
Statute of Frauds
Applicability of Express Warranty
Corporate Opportunity
41. 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
Specially Manufactured Goods (SOF)
Privacy Rights
Restrictions on Transferability of Stock
Attorney Contact w/ Represented Party
42. 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
Entrapment
Loss of Consortium
4th Amendment Search and Seizure
Notice for Special Meeting
43. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Present-sense Impression
Corporate Opportunity
Revocation of Acceptance
Receiving Stolen Property
44. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Strict Products Liability
Terroristic Threats
Fair Reporting Privilege
Recording Statute
45. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Estates (Advancement)
Specially Manufactured Goods (SOF)
Retraint on Alienation
Conditional Devise
46. A direct or indirect threat to commit a crime with intent to terrorize.
Theft
Latent Ambiguity
Terroristic Threats
Procedural Due Process
47. 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.
Dying Declaration
Unconcionable Contract Provision (UCC)
Tenancy by the Entireties
Equitable Division
48. 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
Gift of Stock
1st Amendment Free Speech
Prescriptive Easement (scope)
Supression of Evidence
49. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.
Latent Ambiguity
Corporate Opportunity
Defense of Minority
Devise of Encumbered Property
50. 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
Fair Reporting Privilege
Entrapment
Landlord Duties