SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. 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
4th Amendment Govt Employers
Fed Tax (Advancement)
Burglary
2. 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.
Unconcionable Contract Provision (UCC)
Restrictive Covenant (Enforcement)
Contract Formation
Corporate Opportunity
3. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Dormant Commerce Clause
Hearsay
Proper Service of Complaint
Pre-Nuptial Agreements
4. 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
Latent Ambiguity
Taxability of Embezzeled Property
Incorporation by Reference
Alimony
5. A statement - other than one made by the declarant while testifying at the trial or hearing - offered in evidence to prove the truth of the matter asserted.
Pat Down Search
Corporate Opportunity
Hearsay
Revocation of Acceptance
6. 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.
Board of Directors (Voting)
Damages
Sharehold Derivative Suit
Summary Jugment
7. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Merchants Confirming Memo
Americans w/ Disabilites Act
Title VII- Retaliatory Discharge
Recklessly Endangering
8. 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
Treasure Trove
Liability of Claims After Merger
Theft by Deception
Gift of Stock
9. 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
Treasure Trove
Board of Directors (Removal)
Sharehold Derivative Suit
RPC (Prospective Client)
10. 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
Taxability of Sale of Residence
Pat Down Search
Warranties/Disclaimers
Dormant Commerce Clause
11. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Damages
Treasure Trove
Conditional Devise
Merchants Confirming Memo
12. Requires physical presence together with an intent to establish.
Attorney Work Product
Standing
Domicile
2nd Degree Murder
13. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
4th Amendment Govt Employers
Constructive Eviction
Notice for Special Meeting
Mutual Mistake
14. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Deed (Delivery)
Deductibility of Restitution
Estates (Slayer's Act)
15. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Alimony
Unconcionable Contract Provision (UCC)
Recklessly Endangering
Prescriptive Easement
16. 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
Oral Agreements (SOF)
Applicability of Express Warranty
Ademption
Privacy Rights
17. 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.
Anticipatory Repudiation
Joint Tenancy (Severance)
Bequests
Tenancy by the Entireties
18. 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)
Statute of Frauds
4th Amendment Govt Employers
RPC (Competence)
19. 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
Warranties/Disclaimers
Recording Statute
Estates (Advancement)
20. 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
RPC (Competence)
Accord and Satisfaction
Restrictive Covenant (Enforcement)
4th Amendment Search and Seizure
21. Occurs when a person takes the property of another with intent to deprive them of it.
Estates (Intestate)
Conditional Devise
Theft
2nd Degree Murder
22. 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 Speech
1st Amendment Free Association
Impeachment
CP (New Matter/Answer)
23. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Pat Down Search
1st Degree Murder
Buyer's duties (rejected goods)
Anticipatory Repudiation
24. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Contract Formation
Title VII- Retaliatory Discharge
Entrapment
Warranties/Disclaimers
25. 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.
26. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Deductibility of Restitution
Prescriptive Easement
Ademption
Domicile
27. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Gift of Stock
CP (Motion for New Trial)
Anticipatory Repudiation
Fair Reporting Privilege
28. The ADA prohibits discrimination against a qualified individual with a disability because of the disability with respect to discharge or other terms and conditions of employment. The ADA also requires that an employer consider an accomodation which w
Procedural Due Process
Excited Utterance
Fair Reporting Privilege
Americans w/ Disabilites Act
29. A direct or indirect threat to commit a crime with intent to terrorize.
Incorporation by Reference
Anticipatory Repudiation
Terroristic Threats
Revocation of Acceptance
30. 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.
Contract Formation
Conditional Devise
Latent Ambiguity
Terroristic Threats
31. 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.
Fee Agreements
Restrictive Covenant (Enforcement)
Recording Statute
Incorporation by Reference
32. 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.
Equitable Division
Will Requirements
Damages
Theft by Deception
33. 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
Oral Agreements (SOF)
Dormant Commerce Clause
Standing
Fed Tax (Advancement)
34. 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
Emancipation
Lawyer Advertising
Burglary
RPC (Competence)
35. 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)
Removal to Action to Federal Court
Recording Statute
Restrictive Covenant (Enforcement)
36. Use of force to aid in escape after committing a theft constitutes robbery.
1st Amendment Free Association
Recording Statute
Codicil
Robbery
37. 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
Tenancy by the Entireties
Constructive Eviction
1st Amendment Free Speech (Defamation
Sharehold Derivative Suit
38. 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
Supression of Evidence
Duty to Minority Shareholders
Oral Agreements (SOF)
Procedural Due Process
39. 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
Terroristic Threats
Joint Tenancy w/ Right of Survivorship
Kidnapping
40. 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'.
RPC (Competence)
Dying Declaration
CP (New Matter/Answer)
Lawyer Advertising
41. 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.
2nd Degree Murder
Tax (Life Insurance Policy Proceeds)
Attorney Contact w/ Represented Party
Entrapment
42. 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
Defense of Minority
3rd Party Beneficiary
Liability of Claims After Merger
Removal to Action to Federal Court
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
Jgmt on the Pleadings
Negligence (Malpractice)
Pat Down Search
44. 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
Recording Statute
1st Amendment Free Speech
Bequests
Tax (Life Insurance Policy Proceeds)
45. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Attorney-Client Communication
Receiving Stolen Property
Criminal Trespass
Theft
46. 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.
Oral Agreements (SOF)
Pat Down Search
Negligence (Malpractice)
Anticipatory Repudiation
47. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Buyer's duties (rejected goods)
Fed Tax (Advancement)
Removal to Action to Federal Court
Warranties/Disclaimers
48. 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.
Codicil
Warranties/Disclaimers
Removal to Action to Federal Court
Dying Declaration
49. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Special Warranty Deed
Dying Declaration
4th Amendment Govt Employers
ADEA (shifting burdens)
50. 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
Landlord Duties
Restrictions on Transferability of Stock
Buyer's duties (rejected goods)