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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. The tenancy is severable by the action of either joint tenant - and in PA the mortgage on the property by one of the joint tenants operates to sever the joint tenancy w/ right of survivorship (becomes tenancy in common).
1st Amendment Free Speech
Statute of Frauds
Joint Tenancy w/ Right of Survivorship
Estates (Slayer's Act)
2. 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.
Restrictions on Transferability of Stock
4th Amendment Govt Employers
Dormant Commerce Clause
Destruction of Identified Goods
3. Requires physical presence together with an intent to establish.
Equitable Division
Estates (Slayer's Act)
Domicile
Impeachment
4. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Anticipatory Repudiation
1st Degree Murder
Restrictive Covenant (Enforcement)
5. Generally - a promise to answer for the debts of another must be in writing to be enforceable. If the main object of the promisor is to serve his own pecuniary or business purpose - then SOF does not apply.
Present-sense Impression
Oral Agreements (SOF)
Receipt of Income
1st Amendment Free Speech (Defamation
6. 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)
Bequests
Lay Opinion Testimony
Removal to Action to Federal Court
7. Restitution made is generally deductible in the year made.
Notice for Special Meeting
Kidnapping
Revocation of Acceptance
Deductibility of Restitution
8. 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
RPC (Prospective Client)
Summary Jugment
Will Requirements
4th Amendment Govt Employers
9. 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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10. 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
Bona Fide Purchaser
Kidnapping
Estates (Intestate)
Attorney Work Product
11. (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
Merchants Confirming Memo
Recording Statute
Robbery
Attorney-Client Communication
12. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Notice for Special Meeting
ADEA (shifting burdens)
Gambling Winnings and Losses
Statute of Frauds
13. (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
Jgmt on the Pleadings
Fair Reporting Privilege
Robbery
Recording Statute
14. 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).
Retraint on Alienation
Impeachment
Lay Opinion Testimony
1st Amendment Free Speech
15. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Prescriptive Easement (scope)
Criminal Trespass
Fair Reporting Privilege
Receiving Stolen Property
16. 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
Applicability of Express Warranty
Pre-Nuptial Agreements
Incorporation by Reference
Taxability of Sale of Residence
17. 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.
Entrapment
Receipt of Income
Prescriptive Easement
Taxability of Embezzeled Property
18. 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
Terroristic Threats
Attorney Work Product
Unconcionable Contract Provision (UCC)
Theft by Deception
19. 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.
Privacy Rights
Marital Property
Present-sense Impression
Taxability of Embezzeled Property
20. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
2nd Degree Murder
Board of Directors (Voting)
Equitable Division
Receiving Stolen Property
21. 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
Lawyer Advertising
Strict Products Liability
Estates (Intestate)
Deductibility of Restitution
22. 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
Theft
Board of Directors (Removal)
Simple Assault
Loss of Consortium
23. Liabilities of the disappearing corporation flow to the surviving corporation.
Special Warranty Deed
Taxability of Embezzeled Property
Alimony
Liability of Claims After Merger
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
Codicil
Hearsay
Sharehold Derivative Suit
Prescriptive Easement
25. 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.
Implied Warranty Construction Contract
Criminal Trespass
Unconcionable Contract Provision (UCC)
1st Amendment Free Association
26. 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.
Dying Declaration
Restrictive Covenant (Enforcement)
Anticipatory Repudiation
RPC (Competence)
27. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
1st Amendment Free Speech
Pre-Nuptial Agreements
Unconcionable Contract Provision (UCC)
Simple Assault
28. 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.
Mitigation of Damages
Excited Utterance
4th Amendment Search and Seizure
Statute of Frauds
29. 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.
Treasure Trove
Proper Service of Complaint
Theft by Deception
Gift of Stock
30. 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
Mitigation of Damages
Liquidated Damages
3rd Party Beneficiary
1st Degree Murder
31. 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'.
Excited Utterance
CP (New Matter/Answer)
Buyer's duties (rejected goods)
4th Amendment Search and Seizure
32. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Board of Directors (Voting)
Mutual Mistake
Restrictions on Transferability of Stock
Gambling Winnings and Losses
33. 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
Dormant Commerce Clause
Fed Tax (Advancement)
3rd Party Beneficiary
Receiving Stolen Property
34. 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.
4th Amendment Search and Seizure
Landlord Duties
Duty to Minority Shareholders
1st Amendment Free Speech
35. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Burglary
Title VII- Retaliatory Discharge
Estates (Advancement)
2nd Degree Murder
36. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Gift of Stock
Restrictions on Transferability of Stock
Present-sense Impression
37. 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.
Standing
Attorney Work Product
Receipt of Income
Emancipation
38. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Corporate Opportunity
1st Degree Murder
1st Amendment Free Speech
Specially Manufactured Goods (SOF)
39. 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.
Receipt of Income
Receiving Stolen Property
Latent Ambiguity
Liability of Claims After Merger
40. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Board of Directors (Removal)
Fair Reporting Privilege
Accord and Satisfaction
Ademption
41. 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
Duty to Minority Shareholders
Tax (Life Insurance Policy Proceeds)
Kidnapping
2nd Degree Murder
42. 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.
Devise of Encumbered Property
Taxability of Sale of Residence
Board of Directors (Removal)
RPC (Prospective Client)
43. 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.
Duty to Minority Shareholders
Procedural Due Process
Tenancy by the Entireties
Oral Agreements (SOF)
44. 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.
Retraint on Alienation
RPC (Competence)
Prescriptive Easement (scope)
Applicability of Express Warranty
45. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Lawyer Advertising
Jgmt on the Pleadings
Tax (Life Insurance Policy Proceeds)
Treasure Trove
46. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Representing Multiple Parties
Theft
Criminal Conspiracy
3rd Party Beneficiary
47. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Fed Tax (Advancement)
1st Amendment Free Association
Terroristic Threats
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
Corporate Opportunity
Liquidated Damages
Prescriptive Easement
Special Warranty Deed
49. The Supreme Court has recognized certain zones of privacy are created by the Constitution. Personal medical information has been deemed within the ambit of the zone of privacy by judicial decision. A balancing test is applied to determine whether a p
Latent Ambiguity
Privacy Rights
Gambling Winnings and Losses
Conditional Devise
50. 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
Protection From Abuse Order
3rd Party Beneficiary
Destruction of Identified Goods
Americans w/ Disabilites Act