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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. 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
RPC (Competence)
1st Degree Murder
Usurpation of Corporate Opportunity (Remedies)
2. 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
Criminal Trespass
Americans w/ Disabilites Act
Mutual Mistake
Latent Ambiguity
3. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Recording Statute
Negligence (Malpractice)
Estates (Slayer's Act)
Criminal Conspiracy
4. 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
3rd Party Beneficiary
Mitigation of Damages
RPC (Prospective Client)
5. 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.
Estates (Intestate)
Tenancy by the Entireties
Liability of Claims After Merger
Conditional Devise
6. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Representing Multiple Parties
Merchants Confirming Memo
Entrapment
Summary Jugment
7. 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.
Lay Opinion Testimony
Unauthorized Practice of Law
Will Requirements
Applicability of Express Warranty
8. 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.
Summary Jugment
Tenancy by the Entireties
Title VII- Retaliatory Discharge
Excited Utterance
9. 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
Revocation of Acceptance
Receiving Stolen Property
Forgery
1st Amendment Free Association
10. (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
Bona Fide Purchaser
Unauthorized Practice of Law
Jgmt on the Pleadings
Board of Directors (Voting)
11. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
1st Amendment Free Speech
Jgmt on the Pleadings
Unauthorized Practice of Law
Burglary
12. 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.
Criminal Trespass
Contract Formation
Usurpation of Corporate Opportunity (Remedies)
Landlord Duties
13. 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'.
CP (New Matter/Answer)
Unauthorized Practice of Law
Restrictive Covenant (Enforcement)
Revocation of Acceptance
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.
Hearsay
Criminal Conspiracy
Conditional Devise
Corporate Opportunity
15. Unless a contrary intent appears in the will - property passes subject to any security interest (mortgage) existing at the date of Ts death without any right of exoneration therefrom out of Ts estate.
Pre-Nuptial Agreements
Buyer's duties (rejected goods)
Conditional Devise
Devise of Encumbered Property
16. 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
Estates (Intestate)
Unauthorized Practice of Law
Accord and Satisfaction
Usurpation of Corporate Opportunity (Remedies)
17. 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
Equitable Division
Applicability of Express Warranty
1st Amendment Free Speech
Bona Fide Purchaser
18. 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.
Attorney-Client Communication
Implied Warranty Construction Contract
Specially Manufactured Goods (SOF)
Present-sense Impression
19. Occurs when a person takes the property of another with intent to deprive them of it.
Theft
Sharehold Derivative Suit
Joint Tenancy (Severance)
Proper Service of Complaint
20. 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
Kidnapping
Latent Ambiguity
3rd Party Beneficiary
Taxability of Sale of Residence
21. 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).
Dying Declaration
Impeachment
Board of Directors (Removal)
Standing
22. 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.
Protection From Abuse Order
Tenancy by the Entireties
Attorney Contact w/ Represented Party
Robbery
23. 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.
Privacy Rights
CP (Motion for New Trial)
Criminal Conspiracy
Estates (Slayer's Act)
24. 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
Theft by Deception
CP (New Matter/Answer)
1st Amendment Free Speech (Defamation
Receipt of Income
25. 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
Emancipation
Liquidated Damages
Bequests
26. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Conditional Devise
Forgery
Prescriptive Easement (scope)
ADEA (shifting burdens)
27. 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
Hearsay
Robbery
Receiving Stolen Property
Strict Products Liability
28. Liabilities of the disappearing corporation flow to the surviving corporation.
Unconcionable Contract Provision (UCC)
Liability of Claims After Merger
Gambling Winnings and Losses
Recklessly Endangering
29. 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.
Theft by Deception
Board of Directors (Removal)
ADEA (shifting burdens)
Attorney Contact w/ Represented Party
30. 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
Constructive Eviction
4th Amendment Govt Employers
Privacy Rights
Attorney Work Product
31. 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
1st Amendment Free Speech
Fed Tax (Advancement)
Receipt of Income
Sharehold Derivative Suit
32. 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.
Recording Statute
Tenancy by the Entireties
Representing Multiple Parties
Duty to Minority Shareholders
33. Embezzeled funds and property are considered income in the year taken without permission into exclusive control and with no agreement with the victim to make any restitution.
Taxability of Embezzeled Property
1st Amendment Free Speech
Landlord Duties
Negligence (Malpractice)
34. Solicitation of funds is a form of protected speech under the 1st Amendment. A govt. fund-raising campaign is a non-public forum for speech. In a non-public forum - the ID of the speaker and subject matter is subject to reasonable control - so long a
1st Amendment Free Speech
Notice for Special Meeting
Americans w/ Disabilites Act
Proper Service of Complaint
35. 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
Dormant Commerce Clause
Theft by Deception
Sharehold Derivative Suit
Alimony
36. Income from gambling constitutes gross taxable income - while losses may be deducted.
3rd Party Beneficiary
Marital Property
Warranties/Disclaimers
Gambling Winnings and Losses
37. Property obtained during the course of the marriage is marital property - subject to equitable division.
Devise of Encumbered Property
1st Amendment Free Speech
Marital Property
Criminal Conspiracy
38. The 14th Amendment protects against the deprivation of property or liberty without due process. At will employment does not establish a legitimate claim of continued employment to establish a property interest but 60 day notice provision supports exi
Retraint on Alienation
Supression of Evidence
Procedural Due Process
Unconcionable Contract Provision (UCC)
39. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Deductibility of Restitution
Pre-Nuptial Agreements
Bona Fide Purchaser
Criminal Conspiracy
40. 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
Attorney Work Product
Theft by Deception
CP (Motion for New Trial)
41. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Burglary
Representing Multiple Parties
Specially Manufactured Goods (SOF)
Excited Utterance
42. 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
Standing
Constructive Eviction
Strict Products Liability
3rd Party Beneficiary
43. 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
Latent Ambiguity
Pat Down Search
Fair Reporting Privilege
44. (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
Proper Service of Complaint
Attorney-Client Communication
Board of Directors (Removal)
Negligence (Malpractice)
45. Use of force to aid in escape after committing a theft constitutes robbery.
Theft by Deception
1st Amendment Free Speech (Defamation
Corporate Opportunity
Robbery
46. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Standing
Retraint on Alienation
Treasure Trove
Restrictions on Transferability of Stock
47. 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
Duty to Minority Shareholders
Estates (Advancement)
RPC (Prospective Client)
Tenancy by the Entireties
48. 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
Accord and Satisfaction
Standing
Revocation of Acceptance
Mutual Mistake
49. 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.
RPC (Prospective Client)
2nd Degree Murder
Equitable Division
Simple Assault
50. PA's recording statute protects BFP for value - is without notice of the interest of the prior grantee - and records the deed first. Notice includes not only record notice but also constructive or inquiry notice obtained by inspection of the property
1st Amendment Free Association
Gambling Winnings and Losses
Bona Fide Purchaser
Fee Agreements