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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. 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
Liability of Claims After Merger
Removal to Action to Federal Court
Perjury
Anticipatory Repudiation
2. 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.
Summary Jugment
Forgery
Representing Multiple Parties
Defense of Minority
3. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Proper Service of Complaint
Implied Warranty Construction Contract
Specially Manufactured Goods (SOF)
Joint Tenancy (Severance)
4. 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.
Statute of Frauds
Latent Ambiguity
Applicability of Express Warranty
4th Amendment Search and Seizure
5. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Americans w/ Disabilites Act
Hearsay
Dormant Commerce Clause
Warranties/Disclaimers
6. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Codicil
Merchants Confirming Memo
Domicile
Liability of Directors (improper distribution)
7. 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.
Receipt of Income
Buyer's duties (rejected goods)
Liquidated Damages
Warranties/Disclaimers
8. 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
Defense of Minority
Americans w/ Disabilites Act
Liquidated Damages
Burglary
9. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
1st Amendment Free Speech
Receiving Stolen Property
Negligence (Malpractice)
Special Warranty Deed
10. 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.
Devise of Encumbered Property
Mitigation of Damages
Negligence (Malpractice)
Estates (Intestate)
11. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Hearsay
Attorney Contact w/ Represented Party
Recording Statute
CP (New Matter/Answer)
12. 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
CP (New Matter/Answer)
Contract Formation
Mitigation of Damages
1st Amendment Free Association
13. 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
Entrapment
Liquidated Damages
Attorney Work Product
Bequests
14. 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.
Recording Statute
Age Discrimination
Landlord Duties
Mitigation of Damages
15. 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
Incorporation by Reference
1st Amendment Free Speech (Defamation
ADEA (shifting burdens)
Conditional Devise
16. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Taxability of Embezzeled Property
RPC (Prospective Client)
RPC (Competence)
Removal to Action to Federal Court
17. 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.
Damages
Constructive Eviction
Board of Directors (Voting)
Recklessly Endangering
18. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Negligence (Malpractice)
Attorney Contact w/ Represented Party
Lay Opinion Testimony
Statute of Frauds
19. 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.
CP (Motion for New Trial)
Receiving Stolen Property
Lawyer Advertising
Constructive Eviction
20. A joint tenant can convey his interest or less than his entire interest in property held as joint tenancy with right of survivorship. A conveyance of joint tenant's interest to a third party severs the joint tenancy. Upon severance - joint tenancy wi
Tenancy by the Entireties
Theft
Joint Tenancy (Severance)
Damages
21. 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.
Burglary
Merchants Confirming Memo
Removal to Action to Federal Court
Dormant Commerce Clause
22. 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
3rd Party Beneficiary
RPC (Competence)
Deed (Delivery)
Equitable Division
23. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Privacy Rights
Proper Service of Complaint
Applicability of Express Warranty
24. 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
Applicability of Express Warranty
Liquidated Damages
Board of Directors (Voting)
Ademption
25. 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.
Excited Utterance
Liability of Directors (improper distribution)
Alimony
Revocation of Acceptance
26. 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.
Fed Tax (Advancement)
Attorney-Client Communication
Notice for Special Meeting
Pretermitted Spouse
27. 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.
Board of Directors (Removal)
Landlord Duties
Defense of Minority
Dying Declaration
28. Requires physical presence together with an intent to establish.
Domicile
Duty to Minority Shareholders
1st Degree Murder
Prescriptive Easement
29. Private security guards are private citizens and the restraints that are imposed upon govt. activities are not applicable to actions by private citizens. Therefore - a custodial interrogation done a private security guard w/o Miranda - is admissable
Supression of Evidence
Theft by Deception
Equitable Division
RPC (Competence)
30. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.
Supression of Evidence
Tenancy by the Entireties
Duty to Minority Shareholders
Liquidated Damages
31. 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
Marital Property
Prescriptive Easement (scope)
Treasure Trove
Kidnapping
32. 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
Accord and Satisfaction
Codicil
Corporate Opportunity
Domicile
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.
Domicile
Fee Agreements
Estates (Slayer's Act)
Attorney Contact w/ Represented Party
34. 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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35. 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
Specially Manufactured Goods (SOF)
Recording Statute
Entrapment
36. 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
Applicability of Express Warranty
Tax (Life Insurance Policy Proceeds)
Strict Products Liability
Proper Service of Complaint
37. 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
Estates (Advancement)
Procedural Due Process
Lawyer Advertising
Board of Directors (Removal)
38. 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.
Liability of Claims After Merger
Summary Jugment
2nd Degree Murder
Joint Tenancy (Severance)
39. 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)
RPC (Prospective Client)
Protection From Abuse Order
Theft by Deception
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.
Prescriptive Easement (scope)
Unauthorized Practice of Law
Prescriptive Easement
Statute of Frauds
41. 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.
Incorporation by Reference
Accord and Satisfaction
Terroristic Threats
Contract Formation
42. 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.
Criminal Trespass
Hearsay
1st Degree Murder
Perjury
43. 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.
Mutual Mistake
1st Degree Murder
Deed (Delivery)
Revocation of Acceptance
44. 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
Mitigation of Damages
Unconcionable Contract Provision (UCC)
Implied Warranty Construction Contract
45. (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
Corporate Opportunity
Fee Agreements
Attorney-Client Communication
Fair Reporting Privilege
46. 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
Prescriptive Easement (scope)
Board of Directors (Removal)
Standing
47. 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.
Latent Ambiguity
Conditional Devise
Attorney Work Product
Negligence (Malpractice)
48. 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.
Procedural Due Process
Taxability of Embezzeled Property
Criminal Conspiracy
Accord and Satisfaction
49. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Sharehold Derivative Suit
Attorney Contact w/ Represented Party
Recklessly Endangering
50. 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.
Latent Ambiguity
Theft
Corporate Opportunity
Joint Tenancy (Severance)