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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. 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.
Oral Agreements (SOF)
CP (Motion for New Trial)
Age Discrimination
Constructive Eviction
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.
Dormant Commerce Clause
Corporate Opportunity
Simple Assault
Liability of Claims After Merger
3. 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.
Equitable Division
Privacy Rights
Fair Reporting Privilege
Estates (Advancement)
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
Incorporation by Reference
Joint Tenancy (Severance)
Robbery
Americans w/ Disabilites Act
5. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Unconcionable Contract Provision (UCC)
Restrictions on Transferability of Stock
Retraint on Alienation
Damages
6. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Entrapment
Merchants Confirming Memo
Prescriptive Easement
Robbery
7. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Mitigation of Damages
Representing Multiple Parties
CP (New Matter/Answer)
Recklessly Endangering
8. 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.
Liability of Directors (improper distribution)
Joint Tenancy (Severance)
Kidnapping
Retraint on Alienation
9. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Criminal Conspiracy
Burglary
Oral Agreements (SOF)
Americans w/ Disabilites Act
10. 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
Emancipation
Dying Declaration
1st Amendment Free Speech (Defamation
Title VII- Retaliatory Discharge
11. 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
Tax (Life Insurance Policy Proceeds)
Pre-Nuptial Agreements
Strict Products Liability
Retraint on Alienation
12. 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.
Protection From Abuse Order
Will Requirements
Standing
1st Amendment Free Speech
13. 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.
Conditional Devise
Attorney-Client Communication
1st Amendment Free Association
Restrictive Covenant (Enforcement)
14. 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
Special Warranty Deed
Constructive Eviction
Applicability of Express Warranty
Perjury
15. (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
Alimony
Strict Products Liability
Treasure Trove
Jgmt on the Pleadings
16. Property obtained during the course of the marriage is marital property - subject to equitable division.
Board of Directors (Removal)
Recording Statute
Marital Property
Recklessly Endangering
17. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Taxability of Embezzeled Property
Estates (Intestate)
Latent Ambiguity
18. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Jgmt on the Pleadings
Title VII- Retaliatory Discharge
Theft
Statute of Frauds
19. 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
Criminal Conspiracy
Age Discrimination
Estates (Intestate)
Deed (Delivery)
20. 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.
Retraint on Alienation
Criminal Conspiracy
Statute of Frauds
Ademption
21. 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
Mutual Mistake
Representing Multiple Parties
Warranties/Disclaimers
Forgery
22. 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.
Attorney Contact w/ Represented Party
Board of Directors (Voting)
Destruction of Identified Goods
Fed Tax (Advancement)
23. 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
ADEA (shifting burdens)
Alimony
Specially Manufactured Goods (SOF)
Liquidated Damages
24. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Fee Agreements
Tax (Life Insurance Policy Proceeds)
Impeachment
Merchants Confirming Memo
25. 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.
1st Amendment Free Association
Recording Statute
Ademption
Specially Manufactured Goods (SOF)
26. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Pre-Nuptial Agreements
Impeachment
Treasure Trove
27. 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.'
Restrictive Covenant (Enforcement)
Protection From Abuse Order
Latent Ambiguity
Fair Reporting Privilege
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'
Supression of Evidence
Defense of Minority
Lay Opinion Testimony
Lawyer Advertising
29. Income from gambling constitutes gross taxable income - while losses may be deducted.
CP (New Matter/Answer)
Bequests
Gambling Winnings and Losses
Terroristic Threats
30. 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).
Receipt of Income
Impeachment
Procedural Due Process
Domicile
31. 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'.
Marital Property
CP (New Matter/Answer)
1st Amendment Free Speech
Alimony
32. 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
Special Warranty Deed
Receiving Stolen Property
Present-sense Impression
Restrictive Covenant (Enforcement)
33. 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
Corporate Opportunity
Forgery
Gift of Stock
Negligence (Malpractice)
34. 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)
Liquidated Damages
Taxability of Sale of Residence
Tenancy by the Entireties
35. 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
Notice for Special Meeting
Attorney Work Product
Duty to Minority Shareholders
Joint Tenancy w/ Right of Survivorship
36. 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.
Latent Ambiguity
Fair Reporting Privilege
Applicability of Express Warranty
Kidnapping
37. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Will Requirements
Usurpation of Corporate Opportunity (Remedies)
Fair Reporting Privilege
Specially Manufactured Goods (SOF)
38. 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.
Entrapment
1st Amendment Free Speech (Defamation
Contract Formation
Damages
39. 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.
Revocation of Acceptance
Devise of Encumbered Property
Alimony
Joint Tenancy (Severance)
40. 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.
Removal to Action to Federal Court
ADEA (shifting burdens)
Pretermitted Spouse
Loss of Consortium
41. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Proper Service of Complaint
Warranties/Disclaimers
Removal to Action to Federal Court
Pretermitted Spouse
42. 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
Duty to Minority Shareholders
Attorney Work Product
3rd Party Beneficiary
Tax (Life Insurance Policy Proceeds)
43. 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
Liability of Directors (improper distribution)
Statute of Frauds
Restrictive Covenant (Enforcement)
Burglary
44. 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.
Equitable Division
Specially Manufactured Goods (SOF)
Dormant Commerce Clause
Estates (Slayer's Act)
45. 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
Estates (Advancement)
Hearsay
Title VII- Retaliatory Discharge
46. 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.
Lay Opinion Testimony
Summary Jugment
Restrictive Covenant (Enforcement)
Notice for Special Meeting
47. 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.
ADEA (shifting burdens)
Representing Multiple Parties
Sharehold Derivative Suit
Notice for Special Meeting
48. 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.
Bequests
Board of Directors (Voting)
Board of Directors (Removal)
Bona Fide Purchaser
49. 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
Joint Tenancy w/ Right of Survivorship
Theft by Deception
1st Amendment Free Speech (Defamation
Recording Statute
50. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Deed (Delivery)
Recording Statute
Unconcionable Contract Provision (UCC)
Corporate Opportunity