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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. Restitution made is generally deductible in the year made.
1st Degree Murder
Deductibility of Restitution
Present-sense Impression
Marital Property
2. 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)
Forgery
Applicability of Express Warranty
Dormant Commerce Clause
3. 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
Mitigation of Damages
4th Amendment Search and Seizure
Receipt of Income
Joint Tenancy (Severance)
4. 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.
Contract Formation
1st Amendment Free Speech (Defamation
1st Amendment Free Speech
Devise of Encumbered Property
5. 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
4th Amendment Govt Employers
Prescriptive Easement (scope)
Criminal Conspiracy
Attorney Work Product
6. 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'
Accord and Satisfaction
Tax (Life Insurance Policy Proceeds)
Lawyer Advertising
Bona Fide Purchaser
7. 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
RPC (Competence)
Domicile
Jgmt on the Pleadings
8. Computation of actual damages is speculative or difficult to estimate or ascertain and amount of damages is a reasonable forecast of expected loss. Liquidated damages are an unenforceable penalty if the damages fixed in advance are highly disproporti
Liquidated Damages
Applicability of Express Warranty
Estates (Slayer's Act)
Statute of Frauds
9. 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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10. 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
Fed Tax (Advancement)
Defense of Minority
Receipt of Income
Americans w/ Disabilites Act
11. 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
Removal to Action to Federal Court
Supression of Evidence
Perjury
Burglary
12. 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.
Representing Multiple Parties
4th Amendment Search and Seizure
Lay Opinion Testimony
1st Degree Murder
13. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Prescriptive Easement
Unconcionable Contract Provision (UCC)
Criminal Trespass
Board of Directors (Voting)
14. 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
Constructive Eviction
Tax (Life Insurance Policy Proceeds)
1st Amendment Free Speech
Liquidated Damages
15. 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
1st Amendment Free Speech
Alimony
Emancipation
Accord and Satisfaction
16. 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.
Merchants Confirming Memo
CP (Motion for New Trial)
Estates (Advancement)
2nd Degree Murder
17. 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)
Protection From Abuse Order
1st Amendment Free Speech (Defamation
Americans w/ Disabilites Act
18. 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.
Forgery
Will Requirements
Excited Utterance
CP (New Matter/Answer)
19. 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
1st Amendment Free Speech
Anticipatory Repudiation
Special Warranty Deed
Board of Directors (Voting)
20. 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.
Gambling Winnings and Losses
Defense of Minority
Applicability of Express Warranty
Estates (Slayer's Act)
21. 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
Title VII- Retaliatory Discharge
Contract Formation
Sharehold Derivative Suit
Merchants Confirming Memo
22. 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.
Conditional Devise
Forgery
Gambling Winnings and Losses
RPC (Competence)
23. 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.
Marital Property
1st Amendment Free Association
Notice for Special Meeting
Proper Service of Complaint
24. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Simple Assault
Strict Products Liability
Burglary
Special Warranty Deed
25. 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
Loss of Consortium
Gift of Stock
Fed Tax (Advancement)
Estates (Slayer's Act)
26. 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
Strict Products Liability
RPC (Prospective Client)
Attorney Contact w/ Represented Party
Duty to Minority Shareholders
27. 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'.
CP (New Matter/Answer)
Deed (Delivery)
Board of Directors (Removal)
Emancipation
28. 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
Kidnapping
Oral Agreements (SOF)
Excited Utterance
Mitigation of Damages
29. 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.
Statute of Frauds
Duty to Minority Shareholders
Mutual Mistake
Lay Opinion Testimony
30. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Terroristic Threats
Unconcionable Contract Provision (UCC)
Joint Tenancy w/ Right of Survivorship
Tax (Life Insurance Policy Proceeds)
31. 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
Buyer's duties (rejected goods)
Anticipatory Repudiation
Criminal Trespass
Estates (Slayer's Act)
32. 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.
Attorney Work Product
Fed Tax (Advancement)
Sharehold Derivative Suit
Board of Directors (Removal)
33. 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
Title VII- Retaliatory Discharge
Equitable Division
1st Amendment Free Speech
34. 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
Gambling Winnings and Losses
Restrictions on Transferability of Stock
Robbery
35. 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
1st Amendment Free Association
1st Amendment Free Speech
Recording Statute
Warranties/Disclaimers
36. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Damages
Recklessly Endangering
Estates (Intestate)
Joint Tenancy (Severance)
37. 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
Sharehold Derivative Suit
Board of Directors (Removal)
RPC (Prospective Client)
38. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Americans w/ Disabilites Act
Applicability of Express Warranty
Joint Tenancy w/ Right of Survivorship
Merchants Confirming Memo
39. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Domicile
Mitigation of Damages
Statute of Frauds
40. 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
Theft
Bona Fide Purchaser
Present-sense Impression
41. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Bequests
Americans w/ Disabilites Act
3rd Party Beneficiary
Warranties/Disclaimers
42. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.
RPC (Prospective Client)
Mitigation of Damages
Strict Products Liability
Corporate Opportunity
43. 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
Procedural Due Process
Damages
Treasure Trove
Title VII- Retaliatory Discharge
44. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Forgery
Summary Jugment
Excited Utterance
45. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Attorney Work Product
Restrictions on Transferability of Stock
Board of Directors (Voting)
46. 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
Incorporation by Reference
Conditional Devise
Estates (Slayer's Act)
4th Amendment Govt Employers
47. Liabilities of the disappearing corporation flow to the surviving corporation.
Robbery
1st Amendment Free Speech (Defamation
Liability of Claims After Merger
Usurpation of Corporate Opportunity (Remedies)
48. 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.
Lay Opinion Testimony
Receipt of Income
CP (Motion for New Trial)
Removal to Action to Federal Court
49. 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
Fair Reporting Privilege
Alimony
Statute of Frauds
Liquidated Damages
50. 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)
Tax (Life Insurance Policy Proceeds)
Bequests
Privacy Rights