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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. 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
Dormant Commerce Clause
Sharehold Derivative Suit
Will Requirements
Representing Multiple Parties
2. 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
Pretermitted Spouse
Procedural Due Process
Pre-Nuptial Agreements
Prescriptive Easement (scope)
3. 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
Forgery
Tax (Life Insurance Policy Proceeds)
Latent Ambiguity
Receipt of Income
4. 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
Unconcionable Contract Provision (UCC)
Theft
Negligence (Malpractice)
Joint Tenancy (Severance)
5. 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.'
Special Warranty Deed
Impeachment
Protection From Abuse Order
Liability of Claims After Merger
6. There is a constructive eviction where the implied covenant for the quiet enjoyment of leased premises is breached. To establish a constructive eviction - there must be substantial interference with quiet enjoyment of leased premises - such that it d
Emancipation
Mutual Mistake
Constructive Eviction
Implied Warranty Construction Contract
7. 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.
Removal to Action to Federal Court
Restrictions on Transferability of Stock
Latent Ambiguity
Receiving Stolen Property
8. 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
Lay Opinion Testimony
Bona Fide Purchaser
Theft by Deception
9. 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.
Estates (Intestate)
Bequests
Statute of Frauds
Pretermitted Spouse
10. 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
Accord and Satisfaction
1st Amendment Free Speech
1st Amendment Free Association
Procedural Due Process
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.
Recording Statute
Unconcionable Contract Provision (UCC)
Entrapment
Summary Jugment
12. 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.
Board of Directors (Removal)
Deed (Delivery)
Recording Statute
Mutual Mistake
13. 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
Negligence (Malpractice)
Procedural Due Process
Excited Utterance
Corporate Opportunity
14. Property obtained during the course of the marriage is marital property - subject to equitable division.
1st Amendment Free Speech
Title VII- Retaliatory Discharge
Marital Property
Devise of Encumbered Property
15. 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.
Revocation of Acceptance
Merchants Confirming Memo
Joint Tenancy w/ Right of Survivorship
Retraint on Alienation
16. 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.
Summary Jugment
Attorney Contact w/ Represented Party
RPC (Prospective Client)
Fee Agreements
17. (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
Attorney-Client Communication
Landlord Duties
Devise of Encumbered Property
Americans w/ Disabilites Act
18. 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.
Bequests
Will Requirements
Age Discrimination
Receipt of Income
19. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Incorporation by Reference
Unconcionable Contract Provision (UCC)
ADEA (shifting burdens)
Attorney Contact w/ Represented Party
20. 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
Burglary
Bona Fide Purchaser
Joint Tenancy w/ Right of Survivorship
Terroristic Threats
21. 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
Domicile
Dying Declaration
Special Warranty Deed
Entrapment
22. 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.
Incorporation by Reference
Excited Utterance
Attorney Work Product
Equitable Division
23. 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.
Alimony
Mutual Mistake
Sharehold Derivative Suit
Contract Formation
24. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Implied Warranty Construction Contract
Supression of Evidence
Criminal Trespass
Applicability of Express Warranty
25. 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.
Equitable Division
Latent Ambiguity
Joint Tenancy (Severance)
Conditional Devise
26. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Liability of Directors (improper distribution)
Merchants Confirming Memo
Board of Directors (Removal)
Defense of Minority
27. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Notice for Special Meeting
Gambling Winnings and Losses
Perjury
28. 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.
Mutual Mistake
Specially Manufactured Goods (SOF)
Excited Utterance
Devise of Encumbered Property
29. 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
Taxability of Sale of Residence
Corporate Opportunity
Conditional Devise
Title VII- Retaliatory Discharge
30. 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)
3rd Party Beneficiary
Terroristic Threats
1st Amendment Free Speech
31. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Equitable Division
Merchants Confirming Memo
Warranties/Disclaimers
CP (Motion for New Trial)
32. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Criminal Conspiracy
Simple Assault
Representing Multiple Parties
Standing
33. A direct or indirect threat to commit a crime with intent to terrorize.
Oral Agreements (SOF)
Fair Reporting Privilege
RPC (Prospective Client)
Terroristic Threats
34. 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
Marital Property
Treasure Trove
Ademption
Bequests
35. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Standing
Mutual Mistake
Fee Agreements
36. 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.
Criminal Conspiracy
Board of Directors (Voting)
Constructive Eviction
Standing
37. 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.
Specially Manufactured Goods (SOF)
Dying Declaration
Conditional Devise
2nd Degree Murder
38. 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.
Emancipation
Notice for Special Meeting
Strict Products Liability
Implied Warranty Construction Contract
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
Estates (Slayer's Act)
Board of Directors (Voting)
Restrictive Covenant (Enforcement)
Alimony
40. 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
Deed (Delivery)
Constructive Eviction
Joint Tenancy (Severance)
Fair Reporting Privilege
41. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Mutual Mistake
Landlord Duties
Theft
42. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
ADEA (shifting burdens)
1st Amendment Free Speech
Receipt of Income
Recording Statute
43. 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.
Alimony
Emancipation
Excited Utterance
Entrapment
44. 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.
Mutual Mistake
Tenancy by the Entireties
Accord and Satisfaction
Applicability of Express Warranty
45. 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
Treasure Trove
Negligence (Malpractice)
Age Discrimination
46. 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
Privacy Rights
Attorney Contact w/ Represented Party
Kidnapping
Liability of Directors (improper distribution)
47. 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.
Privacy Rights
Contract Formation
Lay Opinion Testimony
Statute of Frauds
48. 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'
1st Degree Murder
Lawyer Advertising
Accord and Satisfaction
Procedural Due Process
49. 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
4th Amendment Search and Seizure
Gift of Stock
Summary Jugment
Tax (Life Insurance Policy Proceeds)
50. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Bona Fide Purchaser
Deed (Delivery)
1st Degree Murder