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Test your basic knowledge |
PA Bar Exam
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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. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Taxability of Embezzeled Property
Attorney-Client Communication
Lay Opinion Testimony
Landlord Duties
2. 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.
Lawyer Advertising
2nd Degree Murder
Specially Manufactured Goods (SOF)
Recklessly Endangering
3. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Fee Agreements
Supression of Evidence
Title VII- Retaliatory Discharge
CP (New Matter/Answer)
4. Restitution made is generally deductible in the year made.
Perjury
Deductibility of Restitution
Simple Assault
Applicability of Express Warranty
5. 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
3rd Party Beneficiary
Will Requirements
Summary Jugment
Estates (Advancement)
6. 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.
Perjury
Contract Formation
4th Amendment Search and Seizure
Damages
7. 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
Fed Tax (Advancement)
Liability of Directors (improper distribution)
CP (New Matter/Answer)
Ademption
8. 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
Theft by Deception
Fed Tax (Advancement)
Criminal Conspiracy
Fee Agreements
9. 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
Attorney Contact w/ Represented Party
Forgery
Taxability of Sale of Residence
Accord and Satisfaction
10. 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
Liability of Claims After Merger
Constructive Eviction
Attorney Work Product
ADEA (shifting burdens)
11. 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.
RPC (Prospective Client)
Conditional Devise
Summary Jugment
Corporate Opportunity
12. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Emancipation
Treasure Trove
Applicability of Express Warranty
Taxability of Sale of Residence
13. 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
Liquidated Damages
Usurpation of Corporate Opportunity (Remedies)
Statute of Frauds
Age Discrimination
14. 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.
Board of Directors (Voting)
Supression of Evidence
Title VII- Retaliatory Discharge
Tax (Life Insurance Policy Proceeds)
15. 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
1st Amendment Free Speech (Defamation
Implied Warranty Construction Contract
Bona Fide Purchaser
16. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Deed (Delivery)
CP (New Matter/Answer)
Criminal Conspiracy
Restrictions on Transferability of Stock
17. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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18. 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.
1st Amendment Free Association
Restrictions on Transferability of Stock
Revocation of Acceptance
Recklessly Endangering
19. 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.
Pre-Nuptial Agreements
Hearsay
Pat Down Search
Domicile
20. 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.
Present-sense Impression
Proper Service of Complaint
Special Warranty Deed
Domicile
21. The tenancy is severable by the action of either joint tenant - and in PA the mortgage on the property by one of the joint tenants operates to sever the joint tenancy w/ right of survivorship (becomes tenancy in common).
Joint Tenancy w/ Right of Survivorship
Duty to Minority Shareholders
Treasure Trove
Accord and Satisfaction
22. Generally - a parent is obligated to support his child who is under 18. If a court determines that a child under 18 is emancipated - support will terminate. In determining whether a child is emancipated - the Court will look at the child's age - mari
Emancipation
CP (Motion for New Trial)
Liquidated Damages
Mitigation of Damages
23. 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
Excited Utterance
Attorney-Client Communication
Tax (Life Insurance Policy Proceeds)
Equitable Division
24. 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 (Motion for New Trial)
CP (New Matter/Answer)
Merchants Confirming Memo
Pre-Nuptial Agreements
25. 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
Receipt of Income
1st Amendment Free Speech
Deductibility of Restitution
26. 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.
2nd Degree Murder
Forgery
Alimony
Receiving Stolen Property
27. 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.
Duty to Minority Shareholders
Theft by Deception
1st Amendment Free Association
Criminal Conspiracy
28. 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
Board of Directors (Voting)
Loss of Consortium
Title VII- Retaliatory Discharge
Incorporation by Reference
29. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Representing Multiple Parties
Codicil
Attorney Work Product
30. 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
Conditional Devise
Dormant Commerce Clause
Simple Assault
Gambling Winnings and Losses
31. 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
Jgmt on the Pleadings
Liability of Directors (improper distribution)
Deed (Delivery)
Sharehold Derivative Suit
32. 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
Receiving Stolen Property
Lay Opinion Testimony
Procedural Due Process
Loss of Consortium
33. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Revocation of Acceptance
Simple Assault
Prescriptive Easement
Notice for Special Meeting
34. 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
Hearsay
Mutual Mistake
Excited Utterance
Simple Assault
35. 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.
Kidnapping
Retraint on Alienation
Dying Declaration
Privacy Rights
36. 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.
Representing Multiple Parties
CP (Motion for New Trial)
Dormant Commerce Clause
Marital Property
37. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Receiving Stolen Property
Defense of Minority
Bequests
RPC (Competence)
38. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
1st Degree Murder
Board of Directors (Removal)
ADEA (shifting burdens)
39. 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
Lawyer Advertising
CP (Motion for New Trial)
Privacy Rights
40. Requires physical presence together with an intent to establish.
Burglary
Landlord Duties
Excited Utterance
Domicile
41. 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
Recording Statute
Gambling Winnings and Losses
1st Amendment Free Association
Fair Reporting Privilege
42. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
4th Amendment Search and Seizure
Warranties/Disclaimers
Criminal Trespass
Latent Ambiguity
43. 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
3rd Party Beneficiary
Burglary
Summary Jugment
Attorney Work Product
44. 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.
Attorney Contact w/ Represented Party
Dying Declaration
Devise of Encumbered Property
Warranties/Disclaimers
45. 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
Buyer's duties (rejected goods)
Gift of Stock
Attorney Contact w/ Represented Party
Anticipatory Repudiation
46. A deed containing the phrase 'will warrant specially the property hereby conveyed' will be construed to be a special warranty deed. A deed of special warranty obligates a grantor to defend title only against those claiming superior title by - under o
Special Warranty Deed
Implied Warranty Construction Contract
3rd Party Beneficiary
Restrictive Covenant (Enforcement)
47. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Usurpation of Corporate Opportunity (Remedies)
Terroristic Threats
Strict Products Liability
48. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Pat Down Search
Board of Directors (Voting)
Joint Tenancy w/ Right of Survivorship
Estates (Advancement)
49. 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
Joint Tenancy (Severance)
Summary Jugment
Liability of Directors (improper distribution)
50. 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
1st Amendment Free Speech (Defamation
Joint Tenancy (Severance)
Ademption
Accord and Satisfaction
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