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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. (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
Privacy Rights
Jgmt on the Pleadings
Estates (Intestate)
RPC (Competence)
2. 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.
Ademption
Pretermitted Spouse
Specially Manufactured Goods (SOF)
CP (New Matter/Answer)
3. Directors owe a duty of loyalty that prohibits the usurpation of corporate opportunities. Corporation must pass on opportunity before director can take advantage of it.
1st Degree Murder
Liability of Directors (improper distribution)
Jgmt on the Pleadings
Corporate Opportunity
4. 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
1st Amendment Free Speech (Defamation
Hearsay
Perjury
4th Amendment Govt Employers
5. 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).
Codicil
Joint Tenancy w/ Right of Survivorship
Terroristic Threats
1st Amendment Free Speech
6. 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
Marital Property
Unauthorized Practice of Law
Americans w/ Disabilites Act
Summary Jugment
7. 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'
Sharehold Derivative Suit
Lawyer Advertising
Criminal Trespass
Fair Reporting Privilege
8. 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
Restrictive Covenant (Enforcement)
Title VII- Retaliatory Discharge
Liquidated Damages
Burglary
9. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
1st Amendment Free Speech (Defamation
Warranties/Disclaimers
Entrapment
1st Amendment Free Association
10. 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
Accord and Satisfaction
Equitable Division
Receipt of Income
Latent Ambiguity
11. 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
Latent Ambiguity
Mitigation of Damages
Anticipatory Repudiation
1st Amendment Free Association
12. 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
Protection From Abuse Order
2nd Degree Murder
Fair Reporting Privilege
13. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Implied Warranty Construction Contract
Theft by Deception
Alimony
Criminal Trespass
14. 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.
Equitable Division
Implied Warranty Construction Contract
Liability of Claims After Merger
Conditional Devise
15. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Liquidated Damages
Accord and Satisfaction
Supression of Evidence
Receiving Stolen Property
16. 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.
Supression of Evidence
Lay Opinion Testimony
Entrapment
Implied Warranty Construction Contract
17. 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
Unauthorized Practice of Law
Estates (Slayer's Act)
Usurpation of Corporate Opportunity (Remedies)
18. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Latent Ambiguity
Entrapment
ADEA (shifting burdens)
2nd Degree Murder
19. 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
Fed Tax (Advancement)
Estates (Slayer's Act)
Landlord Duties
Taxability of Embezzeled Property
20. 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.
Recklessly Endangering
Revocation of Acceptance
Constructive Eviction
Hearsay
21. 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'.
Warranties/Disclaimers
CP (New Matter/Answer)
Attorney Work Product
Gift of Stock
22. 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
3rd Party Beneficiary
Marital Property
Merchants Confirming Memo
Americans w/ Disabilites Act
23. 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.
Bona Fide Purchaser
Kidnapping
Latent Ambiguity
Conditional Devise
24. 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.
Devise of Encumbered Property
Landlord Duties
Hearsay
Age Discrimination
25. 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
Bequests
Strict Products Liability
Equitable Division
1st Amendment Free Speech
26. 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
1st Amendment Free Association
Pat Down Search
Taxability of Sale of Residence
Bequests
27. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Receipt of Income
Gambling Winnings and Losses
Criminal Conspiracy
Title VII- Retaliatory Discharge
28. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Liability of Claims After Merger
Sharehold Derivative Suit
ADEA (shifting burdens)
29. 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
Latent Ambiguity
Liability of Directors (improper distribution)
Tenancy by the Entireties
Incorporation by Reference
30. Liabilities of the disappearing corporation flow to the surviving corporation.
Deductibility of Restitution
Marital Property
Entrapment
Liability of Claims After Merger
31. 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.
Landlord Duties
Revocation of Acceptance
Sharehold Derivative Suit
Joint Tenancy (Severance)
32. Property obtained during the course of the marriage is marital property - subject to equitable division.
Representing Multiple Parties
Restrictions on Transferability of Stock
Marital Property
1st Degree Murder
33. 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
Robbery
Protection From Abuse Order
Notice for Special Meeting
Privacy Rights
34. 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
Negligence (Malpractice)
Board of Directors (Voting)
Domicile
3rd Party Beneficiary
35. 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
Landlord Duties
Receipt of Income
Loss of Consortium
Theft by Deception
36. 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
Excited Utterance
Loss of Consortium
Attorney Work Product
37. 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.
Attorney-Client Communication
Conditional Devise
Attorney Contact w/ Represented Party
Incorporation by Reference
38. 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.
Corporate Opportunity
Recording Statute
Criminal Conspiracy
Impeachment
39. 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.
Loss of Consortium
Kidnapping
CP (Motion for New Trial)
Simple Assault
40. 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
Deed (Delivery)
Defense of Minority
Corporate Opportunity
Loss of Consortium
41. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Present-sense Impression
Treasure Trove
Criminal Trespass
Board of Directors (Voting)
42. 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
Impeachment
Privacy Rights
1st Degree Murder
1st Amendment Free Association
43. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Latent Ambiguity
Prescriptive Easement
Recklessly Endangering
Negligence (Malpractice)
44. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Fair Reporting Privilege
Will Requirements
Merchants Confirming Memo
Pre-Nuptial Agreements
45. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
RPC (Competence)
Bequests
Negligence (Malpractice)
Prescriptive Easement
46. 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.
Terroristic Threats
Pretermitted Spouse
Mutual Mistake
Destruction of Identified Goods
47. 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.
Duty to Minority Shareholders
Strict Products Liability
Dying Declaration
Present-sense Impression
48. 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
RPC (Prospective Client)
Lawyer Advertising
Special Warranty Deed
Bona Fide Purchaser
49. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Mitigation of Damages
Unconcionable Contract Provision (UCC)
3rd Party Beneficiary
Emancipation
50. 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.
Loss of Consortium
Statute of Frauds
Usurpation of Corporate Opportunity (Remedies)
Fee Agreements