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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. 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).
Prescriptive Easement (scope)
Recording Statute
Impeachment
Buyer's duties (rejected goods)
2. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Dying Declaration
Kidnapping
Prescriptive Easement
3. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Corporate Opportunity
Jgmt on the Pleadings
3rd Party Beneficiary
4. 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
Hearsay
Alimony
Duty to Minority Shareholders
Attorney Work Product
5. Income from gambling constitutes gross taxable income - while losses may be deducted.
Theft
Gambling Winnings and Losses
Board of Directors (Removal)
Equitable Division
6. 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.
Recording Statute
Hearsay
Will Requirements
Age Discrimination
7. 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.
2nd Degree Murder
Accord and Satisfaction
4th Amendment Search and Seizure
Corporate Opportunity
8. 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
Standing
Bona Fide Purchaser
Negligence (Malpractice)
Anticipatory Repudiation
9. 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
Will Requirements
Fair Reporting Privilege
Bona Fide Purchaser
10. 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
Estates (Advancement)
Pretermitted Spouse
Removal to Action to Federal Court
Deed (Delivery)
11. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Accord and Satisfaction
Protection From Abuse Order
Title VII- Retaliatory Discharge
Supression of Evidence
12. 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.
Gambling Winnings and Losses
RPC (Prospective Client)
Hearsay
Buyer's duties (rejected goods)
13. (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
Excited Utterance
Deed (Delivery)
Attorney-Client Communication
4th Amendment Search and Seizure
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
Robbery
1st Amendment Free Association
Constructive Eviction
Standing
15. Property obtained during the course of the marriage is marital property - subject to equitable division.
Dying Declaration
Codicil
Duty to Minority Shareholders
Marital Property
16. 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.
ADEA (shifting burdens)
Theft
Incorporation by Reference
Age Discrimination
17. 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.
Board of Directors (Removal)
3rd Party Beneficiary
1st Amendment Free Association
Receiving Stolen Property
18. 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
Will Requirements
Recklessly Endangering
Restrictions on Transferability of Stock
19. 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
Supression of Evidence
Prescriptive Easement (scope)
3rd Party Beneficiary
20. Warranty of habitability or reasonable workmanship is implied by law in every contract where a builder-vendor sells a new home to a residential purchaser.
Impeachment
Unconcionable Contract Provision (UCC)
Implied Warranty Construction Contract
CP (Motion for New Trial)
21. 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
Landlord Duties
Restrictive Covenant (Enforcement)
Merchants Confirming Memo
Recording Statute
22. 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.
Codicil
Recording Statute
Americans w/ Disabilites Act
Receipt of Income
23. The interference with the right of consortium by a tortfesor to one spouse affords the other spouse with a legal cause of action to recover damages for that interference. Consortium refers to the loss of a spouse's services after injury. A loss of so
Loss of Consortium
Restrictive Covenant (Enforcement)
Dormant Commerce Clause
ADEA (shifting burdens)
24. 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
Attorney Work Product
Treasure Trove
Bona Fide Purchaser
3rd Party Beneficiary
25. 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
2nd Degree Murder
Corporate Opportunity
Special Warranty Deed
Liquidated Damages
26. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Lawyer Advertising
Dormant Commerce Clause
Specially Manufactured Goods (SOF)
Standing
27. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Bona Fide Purchaser
Special Warranty Deed
Criminal Conspiracy
Alimony
28. Use of force to aid in escape after committing a theft constitutes robbery.
Theft by Deception
Robbery
Pat Down Search
Deductibility of Restitution
29. Restitution made is generally deductible in the year made.
3rd Party Beneficiary
Deductibility of Restitution
Lay Opinion Testimony
RPC (Prospective Client)
30. 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
Specially Manufactured Goods (SOF)
Restrictions on Transferability of Stock
Protection From Abuse Order
Defense of Minority
31. Buyer must hold the goods and await instructions from the Seller. If no instructions are forthcoming - Buyer must sell the goods for the benefit of the Seller - withholding reasonable expenses and a commission.
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32. 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
Ademption
Prescriptive Easement
Mutual Mistake
Kidnapping
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.
Applicability of Express Warranty
Retraint on Alienation
Proper Service of Complaint
Devise of Encumbered Property
34. 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
CP (Motion for New Trial)
Age Discrimination
Title VII- Retaliatory Discharge
Procedural Due Process
35. 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.
3rd Party Beneficiary
Excited Utterance
Liability of Claims After Merger
Joint Tenancy (Severance)
36. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Privacy Rights
4th Amendment Govt Employers
Simple Assault
1st Amendment Free Speech (Defamation
37. 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
Attorney-Client Communication
Privacy Rights
Board of Directors (Voting)
1st Amendment Free Speech
38. 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
CP (Motion for New Trial)
Prescriptive Easement
Simple Assault
Gift of Stock
39. 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.
Deductibility of Restitution
Attorney Work Product
Privacy Rights
Removal to Action to Federal Court
40. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Estates (Advancement)
Deed (Delivery)
4th Amendment Search and Seizure
41. 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).
Unconcionable Contract Provision (UCC)
Joint Tenancy w/ Right of Survivorship
CP (New Matter/Answer)
CP (Motion for New Trial)
42. Where a contract for the sale of goods presupposes the continued existence of identified goods and the goods are totally destroyed throgh no fault of the parties while the risk of loss remained with the seller - the contract is avoided.
Liability of Directors (improper distribution)
Fee Agreements
Destruction of Identified Goods
ADEA (shifting burdens)
43. 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
Attorney-Client Communication
Burglary
Recording Statute
Pat Down Search
44. An anticipatory repudiation occurs before performance is due when there has been an absolute and unequivocal refusal to perform or a distinct and positive statement of an inability to do so. Obligor may retract repudiation unless obligee has changed
Landlord Duties
Anticipatory Repudiation
Pretermitted Spouse
Prescriptive Easement (scope)
45. Accord is a contract whereby an obligee promises to accept a stated performance in satisfaction of the obligor's original duty. Where there is a dispute between the parties concerning the amount due - consideration for an accord is found when the cre
Burglary
Damages
Marital Property
Accord and Satisfaction
46. 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
Sharehold Derivative Suit
RPC (Competence)
1st Amendment Free Speech
Implied Warranty Construction Contract
47. 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
Destruction of Identified Goods
Negligence (Malpractice)
4th Amendment Govt Employers
Liability of Claims After Merger
48. 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
Contract Formation
Impeachment
Representing Multiple Parties
Bequests
49. 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
Retraint on Alienation
Anticipatory Repudiation
Ademption
Receipt of Income
50. 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
Gift of Stock
Liability of Directors (improper distribution)
Supression of Evidence
Recording Statute