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PA Bar Exam

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 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






2. 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.






3. 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.






4. 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






5. 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.






6. 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






7. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.






8. 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.






9. The intestate estate of a decedent who does not leave a surviving spouse but does leave two surviving children (and no deceased children) passes in equal shares to the decedent's two children.






10. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.






11. Liabilities of the disappearing corporation flow to the surviving corporation.






12. 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.






13. A completed gift requires intent to make a gift and actual or constructive delivery sufficient to divest the giver of all dominion and invest the recipient therewith. The transfer of the registration of stock ownership on the books of the corporation






14. 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.






15. 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






16. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.






17. Property obtained during the course of the marriage is marital property - subject to equitable division.






18. 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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19. 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






20. 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.






21. The moving party must demonstrate that there is no genuine issue material fact and that the moving party is entitled to judgment as a matter of law.






22. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.






23. 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






24. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.






25. 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.






26. 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.






27. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.






28. 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.






29. 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






30. 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






31. 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






32. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.






33. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.






34. 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).






35. 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.






36. 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.






37. 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.






38. 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.






39. There is a constructive eviction where the implied covenant for the quiet enjoyment of leased premises is breached. To establish a constructive eviction - there must be substantial interference with quiet enjoyment of leased premises - such that it d






40. 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






41. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.






42. Party injured as a result of breach of contract is required to use ordinary care and diligence to minimize losses. Amount recoverable by injured party is reduced by avoidable losses.






43. Restitution made is generally deductible in the year made.






44. Offense occurs if a person without license or privilege by force enters an occupied structure of another.






45. 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






46. 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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47. 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.






48. 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.






49. 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






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.






Can you answer 50 questions in 15 minutes?



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