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. 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.
Defense of Minority
Equitable Division
Board of Directors (Voting)
2nd Degree Murder
2. 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
Standing
Warranties/Disclaimers
Bona Fide Purchaser
Landlord Duties
3. 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'
4th Amendment Govt Employers
Fee Agreements
Lawyer Advertising
Special Warranty Deed
4. 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.
Statute of Frauds
Prescriptive Easement (scope)
Codicil
Corporate Opportunity
5. 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.
Taxability of Embezzeled Property
Summary Jugment
Receiving Stolen Property
Fair Reporting Privilege
6. Delivery of a deed is essential to pass title. Physical transfer of deed is not necessary to effect delivery. Delivery depends on the intent of the grantor. Delivery may be accomplished when grantor gives the deed to a third party with instructions r
Special Warranty Deed
Protection From Abuse Order
Domicile
Deed (Delivery)
7. 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.
Domicile
Lay Opinion Testimony
Codicil
Recording Statute
8. 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)
Taxability of Embezzeled Property
Unauthorized Practice of Law
Destruction of Identified Goods
9. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
RPC (Competence)
Burglary
Destruction of Identified Goods
Privacy Rights
10. 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
Sharehold Derivative Suit
Impeachment
Defense of Minority
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).
Deductibility of Restitution
Standing
4th Amendment Search and Seizure
Treasure Trove
12. 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
4th Amendment Govt Employers
Destruction of Identified Goods
Unconcionable Contract Provision (UCC)
Tax (Life Insurance Policy Proceeds)
13. 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
Lay Opinion Testimony
Statute of Frauds
Liability of Directors (improper distribution)
Special Warranty Deed
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).
Impeachment
Gift of Stock
Board of Directors (Removal)
Title VII- Retaliatory Discharge
15. 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
Criminal Trespass
4th Amendment Govt Employers
Theft by Deception
Accord and Satisfaction
16. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Pat Down Search
Hearsay
Joint Tenancy w/ Right of Survivorship
Title VII- Retaliatory Discharge
17. 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.
3rd Party Beneficiary
Simple Assault
Attorney Contact w/ Represented Party
Notice for Special Meeting
18. 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
Ademption
Equitable Division
Privacy Rights
Retraint on Alienation
19. 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.
Mitigation of Damages
Alimony
Retraint on Alienation
Robbery
20. 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
Damages
Strict Products Liability
Sharehold Derivative Suit
Ademption
21. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Unconcionable Contract Provision (UCC)
Bona Fide Purchaser
Protection From Abuse Order
22. The making of a false statement under oath during an official proceeding - when the statement is material and he does not believe it to be true.
Landlord Duties
Ademption
Present-sense Impression
Perjury
23. 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
Destruction of Identified Goods
Representing Multiple Parties
Deductibility of Restitution
Dormant Commerce Clause
24. 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
Recording Statute
1st Amendment Free Speech (Defamation
Attorney Work Product
Receipt of Income
25. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Bequests
Estates (Advancement)
Criminal Conspiracy
Recklessly Endangering
26. 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
Liability of Directors (improper distribution)
Mutual Mistake
Landlord Duties
Joint Tenancy w/ Right of Survivorship
27. 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.
Dormant Commerce Clause
Forgery
Implied Warranty Construction Contract
Dying Declaration
28. 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.
Receipt of Income
Duty to Minority Shareholders
Implied Warranty Construction Contract
Constructive Eviction
29. 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.
Will Requirements
Estates (Advancement)
Gift of Stock
Terroristic Threats
30. 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.
Hearsay
Anticipatory Repudiation
Removal to Action to Federal Court
Restrictions on Transferability of Stock
31. 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
Equitable Division
Corporate Opportunity
Statute of Frauds
Constructive Eviction
32. 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.
Landlord Duties
Proper Service of Complaint
Estates (Advancement)
Kidnapping
33. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Lay Opinion Testimony
Devise of Encumbered Property
Latent Ambiguity
34. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Bequests
Domicile
1st Amendment Free Speech
Criminal Conspiracy
35. 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.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
36. 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
Anticipatory Repudiation
4th Amendment Govt Employers
Loss of Consortium
Defense of Minority
37. Equity allows for the impression of a constructive trust and an accounting to allow the corporation to receive the benefit of the opportunity and any profits.
Receipt of Income
Accord and Satisfaction
Americans w/ Disabilites Act
Usurpation of Corporate Opportunity (Remedies)
38. 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
1st Amendment Free Speech
Constructive Eviction
Mitigation of Damages
39. 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
Sharehold Derivative Suit
Prescriptive Easement (scope)
Notice for Special Meeting
Codicil
40. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
Removal to Action to Federal Court
1st Degree Murder
Equitable Division
CP (Motion for New Trial)
41. 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.
Tenancy by the Entireties
Corporate Opportunity
Unauthorized Practice of Law
Mitigation of Damages
42. 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
ADEA (shifting burdens)
Negligence (Malpractice)
Procedural Due Process
Implied Warranty Construction Contract
43. Income from gambling constitutes gross taxable income - while losses may be deducted.
Deductibility of Restitution
Gambling Winnings and Losses
Perjury
Special Warranty Deed
44. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Tax (Life Insurance Policy Proceeds)
Marital Property
Taxability of Embezzeled Property
45. 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.
Restrictive Covenant (Enforcement)
Applicability of Express Warranty
3rd Party Beneficiary
Taxability of Embezzeled Property
46. 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.
Impeachment
Pat Down Search
1st Amendment Free Association
Contract Formation
47. 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.
Revocation of Acceptance
Latent Ambiguity
RPC (Competence)
Ademption
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.
Deductibility of Restitution
Recklessly Endangering
Receiving Stolen Property
Conditional Devise
49. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Protection From Abuse Order
RPC (Prospective Client)
Liability of Claims After Merger
CP (New Matter/Answer)
50. 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.
Constructive Eviction
Removal to Action to Federal Court
Mitigation of Damages
4th Amendment Govt Employers