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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. An advancement of an inheritance under intestate laws is not includable in gross income because an inheritance is not includable in gross income. It is fundamentally an inter vivos gift. A payment which is designated as an advancement on an inheritan
RPC (Competence)
Prescriptive Easement
Fed Tax (Advancement)
Board of Directors (Voting)
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.
Latent Ambiguity
Latent Ambiguity
Board of Directors (Removal)
Restrictions on Transferability of Stock
3. 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.
Present-sense Impression
Privacy Rights
Dying Declaration
Defense of Minority
4. 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
Taxability of Sale of Residence
Defense of Minority
Excited Utterance
Attorney Contact w/ Represented Party
5. 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.
Pretermitted Spouse
Perjury
Theft by Deception
Forgery
6. 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
Constructive Eviction
Title VII- Retaliatory Discharge
Board of Directors (Removal)
7. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Taxability of Sale of Residence
ADEA (shifting burdens)
3rd Party Beneficiary
Supression of Evidence
8. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Fee Agreements
Fair Reporting Privilege
Age Discrimination
1st Degree Murder
9. 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.
Privacy Rights
Prescriptive Easement (scope)
Latent Ambiguity
2nd Degree Murder
10. 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
Estates (Slayer's Act)
Destruction of Identified Goods
Anticipatory Repudiation
Special Warranty Deed
11. 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)
Lawyer Advertising
Estates (Advancement)
Liquidated Damages
12. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
CP (Motion for New Trial)
Treasure Trove
Prescriptive Easement (scope)
Domicile
13. 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.
Receipt of Income
Taxability of Embezzeled Property
Emancipation
Pre-Nuptial Agreements
14. 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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15. 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.
Pat Down Search
Recording Statute
4th Amendment Govt Employers
Equitable Division
16. 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.
Dying Declaration
Supression of Evidence
Destruction of Identified Goods
RPC (Prospective Client)
17. 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.
Receipt of Income
Contract Formation
Conditional Devise
Estates (Slayer's Act)
18. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Liability of Claims After Merger
Americans w/ Disabilites Act
Deed (Delivery)
19. 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.
Forgery
Age Discrimination
Fee Agreements
Latent Ambiguity
20. 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
Contract Formation
Criminal Conspiracy
Supression of Evidence
Representing Multiple Parties
21. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Notice for Special Meeting
Deductibility of Restitution
Fair Reporting Privilege
Restrictions on Transferability of Stock
22. 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
Lawyer Advertising
Pre-Nuptial Agreements
Prescriptive Easement (scope)
Damages
23. 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
Representing Multiple Parties
Treasure Trove
Strict Products Liability
Prescriptive Easement (scope)
24. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Mitigation of Damages
Entrapment
Pretermitted Spouse
25. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Receipt of Income
3rd Party Beneficiary
Statute of Frauds
Criminal Conspiracy
26. 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
Negligence (Malpractice)
Liquidated Damages
Anticipatory Repudiation
Bequests
27. 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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28. 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'
Joint Tenancy w/ Right of Survivorship
1st Amendment Free Speech
Pretermitted Spouse
Lawyer Advertising
29. 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
Attorney Contact w/ Represented Party
Ademption
Gift of Stock
Liquidated Damages
30. 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.
Privacy Rights
Prescriptive Easement (scope)
Alimony
Conditional Devise
31. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Restrictions on Transferability of Stock
Estates (Intestate)
Ademption
Fee Agreements
32. 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
Robbery
Taxability of Embezzeled Property
Usurpation of Corporate Opportunity (Remedies)
33. 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.
Joint Tenancy (Severance)
Theft
Estates (Slayer's Act)
Equitable Division
34. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.
Excited Utterance
Mitigation of Damages
Receipt of Income
Notice for Special Meeting
35. Reasonable expansion of use of prescriptive easement allowed if not too burdensome to servient estate. Factors to consider: 1) Increase in size distinguished from increased use; 2) change in purpose of use; 3) Increased burden on servient estate.
Representing Multiple Parties
4th Amendment Search and Seizure
Liability of Directors (improper distribution)
Prescriptive Easement (scope)
36. 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'.
Contract Formation
Constructive Eviction
CP (New Matter/Answer)
Terroristic Threats
37. 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.
Joint Tenancy (Severance)
Will Requirements
Attorney Contact w/ Represented Party
Americans w/ Disabilites Act
38. 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
CP (New Matter/Answer)
Pat Down Search
Mitigation of Damages
Accord and Satisfaction
39. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Kidnapping
Terroristic Threats
Liquidated Damages
Receiving Stolen Property
40. 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
Defense of Minority
Recording Statute
Unconcionable Contract Provision (UCC)
41. 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
Specially Manufactured Goods (SOF)
4th Amendment Search and Seizure
Tax (Life Insurance Policy Proceeds)
Oral Agreements (SOF)
42. 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
Tax (Life Insurance Policy Proceeds)
Taxability of Sale of Residence
Prescriptive Easement (scope)
43. 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
Protection From Abuse Order
Burglary
Unauthorized Practice of Law
Attorney Work Product
44. 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
Landlord Duties
Jgmt on the Pleadings
Sharehold Derivative Suit
Receipt of Income
45. 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.
Ademption
1st Amendment Free Speech
Tenancy by the Entireties
Board of Directors (Voting)
46. 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
Standing
Ademption
Negligence (Malpractice)
Dormant Commerce Clause
47. Prospective clients who do not become actual clients are entitled to certain A/C privileges. Normally an attorney cannot represent a new client with a conflict against a prior prospective client if the lawyer received information in the consultation
Terroristic Threats
Implied Warranty Construction Contract
Recording Statute
RPC (Prospective Client)
48. 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.
Summary Jugment
Taxability of Embezzeled Property
Negligence (Malpractice)
Will Requirements
49. 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
Liability of Directors (improper distribution)
Theft by Deception
Joint Tenancy (Severance)
Restrictive Covenant (Enforcement)
50. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
1st Amendment Free Speech (Defamation
Notice for Special Meeting
Criminal Trespass