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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. 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
Sharehold Derivative Suit
Incorporation by Reference
Theft by Deception
Emancipation
2. Property obtained during the course of the marriage is marital property - subject to equitable division.
Estates (Intestate)
Marital Property
Tenancy by the Entireties
Conditional Devise
3. 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
Incorporation by Reference
1st Amendment Free Speech
3rd Party Beneficiary
Board of Directors (Voting)
4. 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
Protection From Abuse Order
1st Amendment Free Speech
1st Amendment Free Association
Corporate Opportunity
5. 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
Present-sense Impression
Gambling Winnings and Losses
Constructive Eviction
Proper Service of Complaint
6. Door-to-door solicitation is a protected form of expression under the 1st Amendment. Infringement on the right requires an important govt. interest that is directly served by the regulation sought to be imposed - and must not be overly broad by precl
Entrapment
1st Amendment Free Speech
Equitable Division
Theft by Deception
7. 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
Pat Down Search
Prescriptive Easement
Title VII- Retaliatory Discharge
8. 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.
Merchants Confirming Memo
Estates (Intestate)
Deductibility of Restitution
Devise of Encumbered Property
9. 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.
Representing Multiple Parties
Will Requirements
Supression of Evidence
CP (Motion for New Trial)
10. 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.
Statute of Frauds
Prescriptive Easement
Hearsay
Liability of Directors (improper distribution)
11. 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)
Domicile
Criminal Conspiracy
Theft
12. 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.
Sharehold Derivative Suit
4th Amendment Search and Seizure
Accord and Satisfaction
CP (Motion for New Trial)
13. 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
Destruction of Identified Goods
Corporate Opportunity
Receiving Stolen Property
14. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
Warranties/Disclaimers
Theft
Proper Service of Complaint
Landlord Duties
15. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
CP (Motion for New Trial)
Theft by Deception
Americans w/ Disabilites Act
Prescriptive Easement
16. 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)
Lawyer Advertising
Tax (Life Insurance Policy Proceeds)
Conditional Devise
17. 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
Usurpation of Corporate Opportunity (Remedies)
Strict Products Liability
Codicil
Excited Utterance
18. 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
Burglary
Warranties/Disclaimers
Dormant Commerce Clause
4th Amendment Govt Employers
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
Privacy Rights
Kidnapping
Incorporation by Reference
Tax (Life Insurance Policy Proceeds)
20. 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
4th Amendment Govt Employers
Title VII- Retaliatory Discharge
Deductibility of Restitution
Strict Products Liability
21. 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.
Protection From Abuse Order
Liquidated Damages
1st Degree Murder
2nd Degree Murder
22. 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
Board of Directors (Removal)
Mutual Mistake
Alimony
Tax (Life Insurance Policy Proceeds)
23. 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
Liquidated Damages
Board of Directors (Removal)
Duty to Minority Shareholders
24. Use of force to aid in escape after committing a theft constitutes robbery.
Equitable Division
Usurpation of Corporate Opportunity (Remedies)
Jgmt on the Pleadings
Robbery
25. 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.
Prescriptive Easement
Taxability of Embezzeled Property
Mutual Mistake
Conditional Devise
26. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Special Warranty Deed
4th Amendment Search and Seizure
ADEA (shifting burdens)
Equitable Division
27. 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
Estates (Slayer's Act)
4th Amendment Govt Employers
Terroristic Threats
Americans w/ Disabilites Act
28. 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.
Proper Service of Complaint
Entrapment
Duty to Minority Shareholders
Excited Utterance
29. 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.
Latent Ambiguity
Sharehold Derivative Suit
Restrictions on Transferability of Stock
Applicability of Express Warranty
30. 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.
Merchants Confirming Memo
Attorney Contact w/ Represented Party
Usurpation of Corporate Opportunity (Remedies)
Treasure Trove
31. 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.
Mutual Mistake
Statute of Frauds
Privacy Rights
Restrictions on Transferability of Stock
32. 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
Proper Service of Complaint
Taxability of Sale of Residence
Standing
Representing Multiple Parties
33. 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.
3rd Party Beneficiary
Applicability of Express Warranty
Terroristic Threats
Recording Statute
34. 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.
Landlord Duties
Attorney Contact w/ Represented Party
Criminal Trespass
Hearsay
35. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou
Attorney Contact w/ Represented Party
Corporate Opportunity
4th Amendment Search and Seizure
Domicile
36. 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
Deductibility of Restitution
Restrictions on Transferability of Stock
Entrapment
Liability of Directors (improper distribution)
37. 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
Ademption
Mitigation of Damages
Notice for Special Meeting
Removal to Action to Federal Court
38. 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.
Latent Ambiguity
Forgery
Entrapment
Board of Directors (Removal)
39. 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.
Summary Jugment
Implied Warranty Construction Contract
Specially Manufactured Goods (SOF)
Damages
40. 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
Proper Service of Complaint
Unconcionable Contract Provision (UCC)
Americans w/ Disabilites Act
Impeachment
41. 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.
Pretermitted Spouse
Retraint on Alienation
Latent Ambiguity
ADEA (shifting burdens)
42. 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
Dying Declaration
Prescriptive Easement (scope)
Attorney Work Product
Criminal Conspiracy
43. 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
Bequests
Pat Down Search
Equitable Division
Latent Ambiguity
44. Income from gambling constitutes gross taxable income - while losses may be deducted.
Age Discrimination
Theft by Deception
Strict Products Liability
Gambling Winnings and Losses
45. 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'
Joint Tenancy (Severance)
Lawyer Advertising
Estates (Advancement)
Forgery
46. 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.
Liquidated Damages
Prescriptive Easement
Board of Directors (Voting)
Retraint on Alienation
47. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Standing
Simple Assault
Joint Tenancy w/ Right of Survivorship
48. 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
RPC (Competence)
Ademption
RPC (Prospective Client)
Proper Service of Complaint
49. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Excited Utterance
Ademption
Receiving Stolen Property
Terroristic Threats
50. 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
Forgery
Terroristic Threats
Attorney Contact w/ Represented Party
Procedural Due Process