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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. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
Taxability of Sale of Residence
Contract Formation
Board of Directors (Voting)
2. 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
Latent Ambiguity
Equitable Division
Deed (Delivery)
3. 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
Unauthorized Practice of Law
Unconcionable Contract Provision (UCC)
Will Requirements
Excited Utterance
4. 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
Attorney-Client Communication
Ademption
Retraint on Alienation
Tenancy by the Entireties
5. 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.
Retraint on Alienation
Destruction of Identified Goods
Estates (Advancement)
Deductibility of Restitution
6. 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
Americans w/ Disabilites Act
Jgmt on the Pleadings
Theft by Deception
Anticipatory Repudiation
7. 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
Privacy Rights
CP (New Matter/Answer)
Supression of Evidence
Latent Ambiguity
8. 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.
Dying Declaration
Taxability of Sale of Residence
Statute of Frauds
Removal to Action to Federal Court
9. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
1st Amendment Free Speech
Codicil
Criminal Trespass
Supression of Evidence
10. 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.
Statute of Frauds
1st Degree Murder
Landlord Duties
Duty to Minority Shareholders
11. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Standing
Lay Opinion Testimony
Unconcionable Contract Provision (UCC)
Fee Agreements
12. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Theft by Deception
Tenancy by the Entireties
Fair Reporting Privilege
Mitigation of Damages
13. (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
Privacy Rights
Treasure Trove
Protection From Abuse Order
Attorney-Client Communication
14. 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.
Burglary
Buyer's duties (rejected goods)
Loss of Consortium
Revocation of Acceptance
15. 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.
1st Degree Murder
Loss of Consortium
Tenancy by the Entireties
Ademption
16. 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
Statute of Frauds
Pretermitted Spouse
4th Amendment Govt Employers
Receiving Stolen Property
17. 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
Sharehold Derivative Suit
Loss of Consortium
Mutual Mistake
1st Amendment Free Speech (Defamation
18. 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
RPC (Competence)
Estates (Advancement)
Accord and Satisfaction
Gift of Stock
19. 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
Fed Tax (Advancement)
Domicile
Damages
Landlord Duties
20. 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)
Pat Down Search
Bequests
Prescriptive Easement (scope)
21. 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
Equitable Division
3rd Party Beneficiary
Corporate Opportunity
Title VII- Retaliatory Discharge
22. 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
Receipt of Income
RPC (Prospective Client)
1st Amendment Free Speech
Perjury
23. 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.
Implied Warranty Construction Contract
Alimony
Perjury
Conditional Devise
24. A public official must establish by clear and convincing evidence that a defamatory statement was made with 'actual malice'; that is it was made with actual knowledge that the statement was false or with reckless disregard of whether the statement wa
Anticipatory Repudiation
Unauthorized Practice of Law
1st Amendment Free Speech (Defamation
Negligence (Malpractice)
25. (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
Bequests
Equitable Division
Jgmt on the Pleadings
Will Requirements
26. 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.
Restrictive Covenant (Enforcement)
Landlord Duties
4th Amendment Search and Seizure
Statute of Frauds
27. 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.
Forgery
Statute of Frauds
Usurpation of Corporate Opportunity (Remedies)
Pretermitted Spouse
28. Requires physical presence together with an intent to establish.
Domicile
Contract Formation
Estates (Slayer's Act)
Taxability of Sale of Residence
29. 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.
Dying Declaration
Implied Warranty Construction Contract
Board of Directors (Removal)
Gift of Stock
30. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Latent Ambiguity
Destruction of Identified Goods
Damages
31. 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
Fed Tax (Advancement)
1st Amendment Free Association
Estates (Advancement)
Bequests
32. 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.
2nd Degree Murder
Defense of Minority
Gambling Winnings and Losses
Theft
33. 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
Title VII- Retaliatory Discharge
Equitable Division
Alimony
4th Amendment Govt Employers
34. 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.
Equitable Division
Dying Declaration
Entrapment
Usurpation of Corporate Opportunity (Remedies)
35. 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
Defense of Minority
Estates (Intestate)
Constructive Eviction
Privacy Rights
36. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Negligence (Malpractice)
Entrapment
Forgery
Warranties/Disclaimers
37. 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.
Corporate Opportunity
Mitigation of Damages
Applicability of Express Warranty
Conditional Devise
38. 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
Applicability of Express Warranty
Incorporation by Reference
Robbery
Taxability of Embezzeled Property
39. 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
Damages
Codicil
Board of Directors (Removal)
Deed (Delivery)
40. 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.
Prescriptive Easement (scope)
Hearsay
Landlord Duties
Estates (Intestate)
41. 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)
Implied Warranty Construction Contract
Revocation of Acceptance
Negligence (Malpractice)
42. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Dying Declaration
Criminal Trespass
Merchants Confirming Memo
Revocation of Acceptance
43. 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.
Summary Jugment
Codicil
Retraint on Alienation
Gift of Stock
44. 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.
Board of Directors (Removal)
Liability of Claims After Merger
Estates (Advancement)
Pat Down Search
45. 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
Restrictive Covenant (Enforcement)
Conditional Devise
Prescriptive Easement
Bequests
46. 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
Receipt of Income
Taxability of Sale of Residence
Procedural Due Process
Statute of Frauds
47. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Board of Directors (Voting)
Restrictive Covenant (Enforcement)
ADEA (shifting burdens)
Theft
48. 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
Notice for Special Meeting
Pre-Nuptial Agreements
Impeachment
Liquidated Damages
49. 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.
Destruction of Identified Goods
Liquidated Damages
Oral Agreements (SOF)
Age Discrimination
50. 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.
Notice for Special Meeting
Hearsay
Attorney Contact w/ Represented Party
Damages