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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. 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'.
Treasure Trove
CP (New Matter/Answer)
Destruction of Identified Goods
Recording Statute
2. 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
4th Amendment Search and Seizure
Implied Warranty Construction Contract
Estates (Slayer's Act)
Privacy Rights
3. 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
Ademption
Conditional Devise
Treasure Trove
Equitable Division
4. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Conditional Devise
Impeachment
Latent Ambiguity
5. 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
Board of Directors (Voting)
Defense of Minority
Latent Ambiguity
Warranties/Disclaimers
6. Majority shareholders owe fiduciary duty to minority shareholders not to freeze them out of the benefits that would normally accrue to them from the operations of the corporation.
Prescriptive Easement (scope)
Defense of Minority
4th Amendment Govt Employers
Duty to Minority Shareholders
7. 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
Gift of Stock
Duty to Minority Shareholders
Lawyer Advertising
Taxability of Sale of Residence
8. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Revocation of Acceptance
4th Amendment Search and Seizure
ADEA (shifting burdens)
Privacy Rights
9. 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
Liquidated Damages
Receipt of Income
1st Amendment Free Speech (Defamation
Notice for Special Meeting
10. 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
Marital Property
Age Discrimination
4th Amendment Govt Employers
Anticipatory Repudiation
11. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
RPC (Competence)
Sharehold Derivative Suit
Prescriptive Easement (scope)
12. 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.
Restrictive Covenant (Enforcement)
Present-sense Impression
Usurpation of Corporate Opportunity (Remedies)
Taxability of Embezzeled Property
13. 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.
Codicil
Contract Formation
CP (Motion for New Trial)
Corporate Opportunity
14. 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
Receipt of Income
Oral Agreements (SOF)
Loss of Consortium
Pat Down Search
15. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Implied Warranty Construction Contract
Mitigation of Damages
Criminal Trespass
Summary Jugment
16. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Liability of Directors (improper distribution)
Burglary
Pat Down Search
Robbery
17. 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
Accord and Satisfaction
Board of Directors (Removal)
Tax (Life Insurance Policy Proceeds)
Representing Multiple Parties
18. 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
Unauthorized Practice of Law
Robbery
Prescriptive Easement
Standing
19. 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.
Special Warranty Deed
Liability of Claims After Merger
Estates (Advancement)
Board of Directors (Voting)
20. 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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21. 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
Conditional Devise
Fed Tax (Advancement)
Bequests
Latent Ambiguity
22. 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.
Destruction of Identified Goods
Unconcionable Contract Provision (UCC)
Pat Down Search
Usurpation of Corporate Opportunity (Remedies)
23. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Unconcionable Contract Provision (UCC)
Procedural Due Process
Board of Directors (Removal)
24. Alleged prior bad acts are not relevant and are inadmissible for impeachment. Convictions for robbery (w/i 10 years) are admissible to impeach (crime of dishonesty).
Special Warranty Deed
Impeachment
Codicil
Defense of Minority
25. 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
RPC (Competence)
Procedural Due Process
Mitigation of Damages
Mutual Mistake
26. 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
1st Amendment Free Speech
Emancipation
Board of Directors (Voting)
Treasure Trove
27. Directors generally serve at the will of the shareholders and can be removed by the shareholders with or without cause. Directors may only be removed by the direcors for cause under limited circumstances.
Board of Directors (Removal)
Representing Multiple Parties
Kidnapping
Domicile
28. 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.'
Age Discrimination
Tenancy by the Entireties
Protection From Abuse Order
Pretermitted Spouse
29. 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
1st Amendment Free Speech
Gift of Stock
Strict Products Liability
Board of Directors (Removal)
30. 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
Dying Declaration
Domicile
Mutual Mistake
Theft by Deception
31. Occurs when a person takes the property of another with intent to deprive them of it.
Gift of Stock
Codicil
Simple Assault
Theft
32. Attorney should analyze for potential conflict of interest. Attorney should advise clients of potential conflicts and obtain their informed consent. Once a direct conflict arises - the attorney should withdraw.
Criminal Conspiracy
Usurpation of Corporate Opportunity (Remedies)
Representing Multiple Parties
Taxability of Embezzeled Property
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
Accord and Satisfaction
3rd Party Beneficiary
Procedural Due Process
Attorney-Client Communication
34. 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.
Proper Service of Complaint
Negligence (Malpractice)
Latent Ambiguity
Pretermitted Spouse
35. 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.
Estates (Intestate)
Perjury
Pat Down Search
2nd Degree Murder
36. 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
4th Amendment Govt Employers
Kidnapping
Defense of Minority
Anticipatory Repudiation
37. 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
Marital Property
Standing
Representing Multiple Parties
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
Estates (Slayer's Act)
Alimony
CP (New Matter/Answer)
Emancipation
39. 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.
1st Amendment Free Association
Pretermitted Spouse
Lawyer Advertising
Robbery
40. 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.
Merchants Confirming Memo
Title VII- Retaliatory Discharge
Applicability of Express Warranty
Specially Manufactured Goods (SOF)
41. 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.
Statute of Frauds
Incorporation by Reference
Representing Multiple Parties
Estates (Intestate)
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
Accord and Satisfaction
Equitable Division
Tenancy by the Entireties
Jgmt on the Pleadings
43. 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.
Defense of Minority
Loss of Consortium
Incorporation by Reference
Age Discrimination
44. 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
Joint Tenancy w/ Right of Survivorship
Incorporation by Reference
Attorney-Client Communication
Oral Agreements (SOF)
45. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Negligence (Malpractice)
Alimony
Criminal Conspiracy
Simple Assault
46. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Theft
Receiving Stolen Property
Lawyer Advertising
Taxability of Embezzeled Property
47. The goal of damages in breach of building contract by the contractor is to protect the expectation interest of the injured party. Where the building contractor breaches the contract by defective performance - cost of repair or completion is the usual
Damages
Pretermitted Spouse
Entrapment
Fee Agreements
48. 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
Buyer's duties (rejected goods)
Conditional Devise
Attorney Work Product
Devise of Encumbered Property
49. 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
Fair Reporting Privilege
Fee Agreements
Fed Tax (Advancement)
1st Amendment Free Association
50. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Domicile
1st Amendment Free Speech
Lawyer Advertising