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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. 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
Liquidated Damages
Notice for Special Meeting
Supression of Evidence
Applicability of Express Warranty
2. 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)
Sharehold Derivative Suit
Oral Agreements (SOF)
Will Requirements
3. 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
Receipt of Income
Dying Declaration
Burglary
4. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Criminal Conspiracy
Usurpation of Corporate Opportunity (Remedies)
Fee Agreements
Domicile
5. 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
Taxability of Embezzeled Property
CP (New Matter/Answer)
Estates (Slayer's Act)
6. 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.
Representing Multiple Parties
Mutual Mistake
Conditional Devise
Present-sense Impression
7. Income from gambling constitutes gross taxable income - while losses may be deducted.
Implied Warranty Construction Contract
Gambling Winnings and Losses
Strict Products Liability
ADEA (shifting burdens)
8. 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
Gift of Stock
Devise of Encumbered Property
Estates (Intestate)
9. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Joint Tenancy (Severance)
Accord and Satisfaction
Receiving Stolen Property
10. Warranty of habitability or reasonable workmanship is implied by law in every contract where a builder-vendor sells a new home to a residential purchaser.
Fed Tax (Advancement)
Domicile
Implied Warranty Construction Contract
Defense of Minority
11. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Taxability of Sale of Residence
Deductibility of Restitution
Burglary
Receipt of Income
12. 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)
Incorporation by Reference
Latent Ambiguity
Restrictions on Transferability of Stock
13. 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.
1st Amendment Free Speech (Defamation
Lay Opinion Testimony
Latent Ambiguity
Forgery
14. 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
Equitable Division
Board of Directors (Removal)
Sharehold Derivative Suit
Buyer's duties (rejected goods)
15. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Loss of Consortium
Fair Reporting Privilege
Corporate Opportunity
ADEA (shifting burdens)
16. 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
Excited Utterance
Board of Directors (Removal)
Incorporation by Reference
Latent Ambiguity
17. 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.
Pre-Nuptial Agreements
Retraint on Alienation
CP (New Matter/Answer)
4th Amendment Govt Employers
18. 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.
2nd Degree Murder
Duty to Minority Shareholders
Treasure Trove
Notice for Special Meeting
19. 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.
Entrapment
Buyer's duties (rejected goods)
Revocation of Acceptance
Removal to Action to Federal Court
20. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Usurpation of Corporate Opportunity (Remedies)
Title VII- Retaliatory Discharge
3rd Party Beneficiary
Entrapment
21. 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.
Title VII- Retaliatory Discharge
Proper Service of Complaint
Retraint on Alienation
Deed (Delivery)
22. 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
Deductibility of Restitution
Damages
Ademption
Liquidated Damages
23. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Tenancy by the Entireties
1st Amendment Free Association
Incorporation by Reference
Recklessly Endangering
24. 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
Tax (Life Insurance Policy Proceeds)
Estates (Intestate)
1st Degree Murder
Equitable Division
25. 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
Burglary
Implied Warranty Construction Contract
Alimony
Gift of Stock
26. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Bona Fide Purchaser
Terroristic Threats
Treasure Trove
27. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Board of Directors (Voting)
Jgmt on the Pleadings
Deed (Delivery)
28. 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.
2nd Degree Murder
Damages
Defense of Minority
Taxability of Sale of Residence
29. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Tenancy by the Entireties
Anticipatory Repudiation
Merchants Confirming Memo
Corporate Opportunity
30. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Treasure Trove
Standing
Notice for Special Meeting
31. 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
Perjury
Estates (Intestate)
Oral Agreements (SOF)
Liability of Directors (improper distribution)
32. 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.
Usurpation of Corporate Opportunity (Remedies)
Entrapment
Recording Statute
Gift of Stock
33. 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.
Incorporation by Reference
Title VII- Retaliatory Discharge
Dying Declaration
Fee Agreements
34. Restricts states from imposing differential treatment of in-state and out-of-state economic interests. A local regulation which discriminates on its face is invalid unless it advances a legitimate local purpose that cannot be served by reasonable non
Criminal Trespass
Retraint on Alienation
Dormant Commerce Clause
Procedural Due Process
35. 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.
Conditional Devise
Taxability of Embezzeled Property
Anticipatory Repudiation
2nd Degree Murder
36. 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.
Buyer's duties (rejected goods)
Jgmt on the Pleadings
Applicability of Express Warranty
Unconcionable Contract Provision (UCC)
37. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Protection From Abuse Order
Special Warranty Deed
ADEA (shifting burdens)
Jgmt on the Pleadings
38. Requires physical presence together with an intent to establish.
Lawyer Advertising
Oral Agreements (SOF)
Mitigation of Damages
Domicile
39. 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
Devise of Encumbered Property
1st Amendment Free Speech
Title VII- Retaliatory Discharge
Criminal Trespass
40. 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.
Fee Agreements
Pretermitted Spouse
Implied Warranty Construction Contract
Impeachment
41. 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.
Warranties/Disclaimers
Revocation of Acceptance
Sharehold Derivative Suit
Accord and Satisfaction
42. 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.
Excited Utterance
Receiving Stolen Property
Latent Ambiguity
Domicile
43. 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'
Lawyer Advertising
Landlord Duties
Special Warranty Deed
Removal to Action to Federal Court
44. A 3rd party may enforce a contract if the recognition of a right to performance in the beneficiary will effectuate the intention of the parties and the performance will either (a) satisfy an obligation to pay money to the beneficiary; or (b) the circ
Contract Formation
Oral Agreements (SOF)
3rd Party Beneficiary
Receipt of Income
45. 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.
3rd Party Beneficiary
Anticipatory Repudiation
CP (Motion for New Trial)
Latent Ambiguity
46. A direct or indirect threat to commit a crime with intent to terrorize.
Restrictions on Transferability of Stock
Kidnapping
Terroristic Threats
Contract Formation
47. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Restrictions on Transferability of Stock
Simple Assault
Entrapment
48. 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
Simple Assault
Conditional Devise
Pat Down Search
Incorporation by Reference
49. 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
Tenancy by the Entireties
Liquidated Damages
Strict Products Liability
50. 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
Deed (Delivery)
Gambling Winnings and Losses
Burglary