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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. Minority or lack of capacity can be asserted as a defense to a contract. Contract made by a minor is voidable. Contract made by a minor involving a necessity or necessary - or which is not disaffirmed by the minor within a reasonable time after reach
Liquidated Damages
Board of Directors (Voting)
Bona Fide Purchaser
Defense of Minority
2. 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
Constructive Eviction
Receiving Stolen Property
Age Discrimination
Equitable Division
3. 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.
Terroristic Threats
Tax (Life Insurance Policy Proceeds)
Robbery
Attorney Contact w/ Represented Party
4. 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
Incorporation by Reference
Damages
Negligence (Malpractice)
Fed Tax (Advancement)
5. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Anticipatory Repudiation
1st Amendment Free Speech (Defamation
Fair Reporting Privilege
6. 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
Domicile
Dying Declaration
Loss of Consortium
Statute of Frauds
7. 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
1st Amendment Free Speech
Supression of Evidence
Bona Fide Purchaser
Bequests
8. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Fair Reporting Privilege
Summary Jugment
RPC (Competence)
4th Amendment Search and Seizure
9. 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
Unauthorized Practice of Law
Landlord Duties
Conditional Devise
Emancipation
10. 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'
Marital Property
Statute of Frauds
Merchants Confirming Memo
Lawyer Advertising
11. 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.
1st Amendment Free Speech
Devise of Encumbered Property
Marital Property
1st Amendment Free Speech
12. 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.
Joint Tenancy w/ Right of Survivorship
Board of Directors (Voting)
Perjury
Title VII- Retaliatory Discharge
13. 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
Notice for Special Meeting
Tenancy by the Entireties
Loss of Consortium
Supression of Evidence
14. 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
Present-sense Impression
Prescriptive Easement (scope)
1st Amendment Free Speech (Defamation
15. Income from gambling constitutes gross taxable income - while losses may be deducted.
Unauthorized Practice of Law
Recording Statute
Gambling Winnings and Losses
Usurpation of Corporate Opportunity (Remedies)
16. 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
Will Requirements
Dying Declaration
1st Amendment Free Speech
4th Amendment Search and Seizure
17. 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.
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18. 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
ADEA (shifting burdens)
Gift of Stock
Criminal Conspiracy
Unconcionable Contract Provision (UCC)
19. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Title VII- Retaliatory Discharge
Receiving Stolen Property
Supression of Evidence
Devise of Encumbered Property
20. 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.
Gambling Winnings and Losses
Incorporation by Reference
Destruction of Identified Goods
Will Requirements
21. Occurs when a person takes the property of another with intent to deprive them of it.
Emancipation
Taxability of Embezzeled Property
Theft
Corporate Opportunity
22. 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.
Retraint on Alienation
Latent Ambiguity
Sharehold Derivative Suit
Loss of Consortium
23. 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.
Summary Jugment
Attorney Work Product
Mutual Mistake
Removal to Action to Federal Court
24. 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 Embezzeled Property
Codicil
Liquidated Damages
Statute of Frauds
25. 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
Alimony
Accord and Satisfaction
Marital Property
ADEA (shifting burdens)
26. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Landlord Duties
Taxability of Embezzeled Property
Will Requirements
Fair Reporting Privilege
27. 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
Board of Directors (Voting)
Representing Multiple Parties
Deed (Delivery)
2nd Degree Murder
28. 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.
Deed (Delivery)
Landlord Duties
Procedural Due Process
3rd Party Beneficiary
29. 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.
Deed (Delivery)
Fed Tax (Advancement)
Perjury
Mutual Mistake
30. 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.
Gift of Stock
Prescriptive Easement (scope)
Oral Agreements (SOF)
Impeachment
31. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Taxability of Sale of Residence
Fee Agreements
Prescriptive Easement (scope)
Unconcionable Contract Provision (UCC)
32. 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.
Fed Tax (Advancement)
Destruction of Identified Goods
1st Amendment Free Speech
Damages
33. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Criminal Trespass
Retraint on Alienation
Oral Agreements (SOF)
Bona Fide Purchaser
34. 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
1st Amendment Free Speech
Warranties/Disclaimers
Loss of Consortium
Ademption
35. 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
Accord and Satisfaction
Tenancy by the Entireties
Criminal Trespass
Alimony
36. 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
1st Amendment Free Speech (Defamation
Attorney Work Product
Destruction of Identified Goods
Tax (Life Insurance Policy Proceeds)
37. 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
Terroristic Threats
Sharehold Derivative Suit
CP (Motion for New Trial)
Recording Statute
38. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Accord and Satisfaction
Mutual Mistake
Recording Statute
Treasure Trove
39. An attorney who knowingly assists a non-attorney in the unauthorized practice of law is in violation of PA RPC. An attorney may give a seminar on the law to non-lawyers in conjunction with their employment when such knowledge may be beneficial to the
Taxability of Embezzeled Property
Liability of Directors (improper distribution)
Board of Directors (Removal)
Unauthorized Practice of Law
40. 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
Americans w/ Disabilites Act
1st Degree Murder
Restrictive Covenant (Enforcement)
Equitable Division
41. 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
CP (New Matter/Answer)
Procedural Due Process
4th Amendment Govt Employers
Duty to Minority Shareholders
42. 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
4th Amendment Search and Seizure
ADEA (shifting burdens)
Liquidated Damages
Pat Down Search
43. 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
Robbery
Liability of Directors (improper distribution)
Conditional Devise
Criminal Trespass
44. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Theft by Deception
Taxability of Sale of Residence
Recording Statute
Attorney Work Product
45. 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
Joint Tenancy (Severance)
Liquidated Damages
Representing Multiple Parties
Age Discrimination
46. 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.
1st Degree Murder
Conditional Devise
2nd Degree Murder
Tenancy by the Entireties
47. 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
Theft
Mitigation of Damages
RPC (Prospective Client)
Liability of Claims After Merger
48. A deed containing the phrase 'will warrant specially the property hereby conveyed' will be construed to be a special warranty deed. A deed of special warranty obligates a grantor to defend title only against those claiming superior title by - under o
Bona Fide Purchaser
1st Degree Murder
Jgmt on the Pleadings
Special Warranty Deed
49. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Specially Manufactured Goods (SOF)
Tax (Life Insurance Policy Proceeds)
Criminal Conspiracy
Board of Directors (Removal)
50. 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.
Usurpation of Corporate Opportunity (Remedies)
Summary Jugment
Entrapment
Kidnapping