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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. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Terroristic Threats
ADEA (shifting burdens)
Simple Assault
Restrictions on Transferability of Stock
2. 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.
Criminal Conspiracy
Recording Statute
1st Amendment Free Speech
Unauthorized Practice of Law
3. 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
Forgery
1st Amendment Free Speech (Defamation
Impeachment
4. 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
Privacy Rights
Oral Agreements (SOF)
Theft by Deception
Loss of Consortium
5. 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.
1st Degree Murder
Liability of Directors (improper distribution)
Joint Tenancy w/ Right of Survivorship
Hearsay
6. Cash basis taxpayers report income when received or under the dominion and control of the taxpayer. Dividends are included in gross income. Receipt of a gift is not income.
Receipt of Income
Burglary
Proper Service of Complaint
1st Amendment Free Association
7. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Loss of Consortium
Fair Reporting Privilege
1st Amendment Free Speech
Warranties/Disclaimers
8. 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
Prescriptive Easement
Deed (Delivery)
Supression of Evidence
Codicil
9. 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
1st Amendment Free Association
Equitable Division
Sharehold Derivative Suit
10. 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.
Summary Jugment
RPC (Prospective Client)
2nd Degree Murder
Equitable Division
11. 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.
Sharehold Derivative Suit
Dying Declaration
Latent Ambiguity
Criminal Conspiracy
12. 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.
Standing
Estates (Intestate)
Lawyer Advertising
Attorney Contact w/ Represented Party
13. 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
Negligence (Malpractice)
Liability of Directors (improper distribution)
Excited Utterance
Bona Fide Purchaser
14. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Tenancy by the Entireties
Impeachment
Standing
15. 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
Receipt of Income
Age Discrimination
Alimony
Proper Service of Complaint
16. 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
Conditional Devise
RPC (Prospective Client)
Gift of Stock
CP (New Matter/Answer)
17. 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
Recklessly Endangering
Applicability of Express Warranty
Liability of Directors (improper distribution)
18. 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.
Americans w/ Disabilites Act
Duty to Minority Shareholders
Terroristic Threats
1st Amendment Free Speech
19. 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
Latent Ambiguity
1st Amendment Free Association
Emancipation
Standing
20. 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
Hearsay
Applicability of Express Warranty
Jgmt on the Pleadings
Taxability of Sale of Residence
21. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Tenancy by the Entireties
Usurpation of Corporate Opportunity (Remedies)
Criminal Conspiracy
Notice for Special Meeting
22. 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'.
1st Amendment Free Association
Loss of Consortium
Pretermitted Spouse
CP (New Matter/Answer)
23. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Board of Directors (Removal)
1st Amendment Free Speech (Defamation
1st Amendment Free Association
Receiving Stolen Property
24. 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
Prescriptive Easement
Codicil
Excited Utterance
25. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Loss of Consortium
Gift of Stock
Latent Ambiguity
26. 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
Mutual Mistake
Burglary
Americans w/ Disabilites Act
Privacy Rights
27. 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.
Prescriptive Easement (scope)
Estates (Intestate)
Entrapment
Warranties/Disclaimers
28. 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
2nd Degree Murder
Attorney-Client Communication
Negligence (Malpractice)
Protection From Abuse Order
29. 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
Representing Multiple Parties
Pat Down Search
Summary Jugment
4th Amendment Govt Employers
30. 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.
Removal to Action to Federal Court
Dormant Commerce Clause
Deductibility of Restitution
Joint Tenancy w/ Right of Survivorship
31. 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
Theft
Standing
Terroristic Threats
Specially Manufactured Goods (SOF)
32. 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
Present-sense Impression
Emancipation
Deed (Delivery)
33. 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.
Landlord Duties
Destruction of Identified Goods
Statute of Frauds
Tenancy by the Entireties
34. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
1st Amendment Free Association
Joint Tenancy (Severance)
Pretermitted Spouse
Fee Agreements
35. 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
RPC (Prospective Client)
Standing
Liquidated Damages
Incorporation by Reference
36. 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.
Gift of Stock
Latent Ambiguity
Landlord Duties
Deductibility of Restitution
37. 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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38. 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
Prescriptive Easement (scope)
Prescriptive Easement
Contract Formation
Unauthorized Practice of Law
39. 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
Tenancy by the Entireties
Incorporation by Reference
Pre-Nuptial Agreements
40. 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.
1st Amendment Free Speech (Defamation
Board of Directors (Removal)
CP (Motion for New Trial)
Latent Ambiguity
41. 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.
Theft
Robbery
Taxability of Embezzeled Property
Will Requirements
42. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Prescriptive Easement (scope)
1st Amendment Free Association
Strict Products Liability
Lay Opinion Testimony
43. 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.
3rd Party Beneficiary
Usurpation of Corporate Opportunity (Remedies)
Americans w/ Disabilites Act
Perjury
44. 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
Alimony
Constructive Eviction
Simple Assault
45. 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
Taxability of Embezzeled Property
3rd Party Beneficiary
Contract Formation
46. 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.
Theft by Deception
Protection From Abuse Order
Lay Opinion Testimony
Tenancy by the Entireties
47. 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.
4th Amendment Search and Seizure
Attorney Contact w/ Represented Party
Gift of Stock
Recklessly Endangering
48. A direct or indirect threat to commit a crime with intent to terrorize.
3rd Party Beneficiary
Alimony
Terroristic Threats
1st Amendment Free Association
49. 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
Joint Tenancy (Severance)
4th Amendment Govt Employers
Incorporation by Reference
Revocation of Acceptance
50. 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.
Estates (Slayer's Act)
Sharehold Derivative Suit
Will Requirements
Prescriptive Easement (scope)