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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) 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
Mitigation of Damages
Treasure Trove
Attorney-Client Communication
Specially Manufactured Goods (SOF)
2. 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.
Hearsay
Present-sense Impression
CP (Motion for New Trial)
Defense of Minority
3. 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
Unconcionable Contract Provision (UCC)
Gift of Stock
Theft by Deception
Proper Service of Complaint
4. Use of force to aid in escape after committing a theft constitutes robbery.
Retraint on Alienation
Robbery
Implied Warranty Construction Contract
Deed (Delivery)
5. 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
Taxability of Sale of Residence
Excited Utterance
Board of Directors (Removal)
6. 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.
Impeachment
Burglary
Dormant Commerce Clause
Summary Jugment
7. 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
Anticipatory Repudiation
Pre-Nuptial Agreements
1st Amendment Free Speech (Defamation
Negligence (Malpractice)
8. 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
Damages
Liquidated Damages
Procedural Due Process
Emancipation
9. 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.
Robbery
Revocation of Acceptance
Removal to Action to Federal Court
Standing
10. Generally - a promise to answer for the debts of another must be in writing to be enforceable. If the main object of the promisor is to serve his own pecuniary or business purpose - then SOF does not apply.
Oral Agreements (SOF)
Devise of Encumbered Property
4th Amendment Search and Seizure
Alimony
11. 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
Estates (Slayer's Act)
Dormant Commerce Clause
Destruction of Identified Goods
Terroristic Threats
12. 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
Statute of Frauds
Latent Ambiguity
Gift of Stock
Liability of Directors (improper distribution)
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
Unauthorized Practice of Law
Duty to Minority Shareholders
Liquidated Damages
Buyer's duties (rejected goods)
14. 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
Pat Down Search
1st Amendment Free Speech
Standing
15. 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
Restrictive Covenant (Enforcement)
Lawyer Advertising
1st Amendment Free Speech
Unauthorized Practice of Law
16. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Bequests
Incorporation by Reference
Protection From Abuse Order
Gift of Stock
17. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Procedural Due Process
Tenancy by the Entireties
Retraint on Alienation
Criminal Trespass
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.
Liability of Directors (improper distribution)
Statute of Frauds
Theft by Deception
Revocation of Acceptance
19. 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.
Proper Service of Complaint
Board of Directors (Removal)
Latent Ambiguity
Americans w/ Disabilites Act
20. 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
21. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Contract Formation
Restrictive Covenant (Enforcement)
Tax (Life Insurance Policy Proceeds)
Restrictions on Transferability of Stock
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'.
Entrapment
CP (New Matter/Answer)
Americans w/ Disabilites Act
Unconcionable Contract Provision (UCC)
23. A joint tenant can convey his interest or less than his entire interest in property held as joint tenancy with right of survivorship. A conveyance of joint tenant's interest to a third party severs the joint tenancy. Upon severance - joint tenancy wi
Joint Tenancy (Severance)
Will Requirements
Jgmt on the Pleadings
Pretermitted Spouse
24. 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
Duty to Minority Shareholders
Landlord Duties
Usurpation of Corporate Opportunity (Remedies)
Loss of Consortium
25. A public official must establish by clear and convincing evidence that a defamatory statement was made with 'actual malice'; that is it was made with actual knowledge that the statement was false or with reckless disregard of whether the statement wa
ADEA (shifting burdens)
Unconcionable Contract Provision (UCC)
Summary Jugment
1st Amendment Free Speech (Defamation
26. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Sharehold Derivative Suit
Criminal Conspiracy
Deed (Delivery)
Title VII- Retaliatory Discharge
27. 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
Receiving Stolen Property
Mutual Mistake
1st Amendment Free Speech
Taxability of Sale of Residence
28. 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.
Taxability of Embezzeled Property
Dying Declaration
Duty to Minority Shareholders
Entrapment
29. 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.
4th Amendment Govt Employers
Simple Assault
Estates (Intestate)
Corporate Opportunity
30. 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.
Anticipatory Repudiation
Deductibility of Restitution
Pretermitted Spouse
Gift of Stock
31. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Revocation of Acceptance
Simple Assault
Strict Products Liability
Lay Opinion Testimony
32. 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
Codicil
Board of Directors (Removal)
Implied Warranty Construction Contract
Strict Products Liability
33. 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
Receipt of Income
1st Amendment Free Speech
Impeachment
Joint Tenancy (Severance)
34. 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.
Fee Agreements
1st Amendment Free Speech
Representing Multiple Parties
Mitigation of Damages
35. 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.
Entrapment
Notice for Special Meeting
Joint Tenancy (Severance)
Damages
36. 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
Defense of Minority
Taxability of Sale of Residence
Revocation of Acceptance
Treasure Trove
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
Entrapment
Receipt of Income
Oral Agreements (SOF)
Ademption
38. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Proper Service of Complaint
Domicile
Liability of Directors (improper distribution)
Receiving Stolen Property
39. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Loss of Consortium
Attorney-Client Communication
Forgery
Fair Reporting Privilege
40. 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
Statute of Frauds
Codicil
Prescriptive Easement
Receipt of Income
41. A payment by an intestate decedent to his beneficiary accompanied by a writing that the payment is an advancement will be considered as partial payment of that beneficiary's inheritance.
Liability of Directors (improper distribution)
Accord and Satisfaction
Treasure Trove
Estates (Advancement)
42. 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.
Impeachment
Will Requirements
Estates (Slayer's Act)
ADEA (shifting burdens)
43. 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
Summary Jugment
Contract Formation
Joint Tenancy w/ Right of Survivorship
44. 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
Prescriptive Easement
Defense of Minority
Conditional Devise
RPC (Prospective Client)
45. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
4th Amendment Search and Seizure
Merchants Confirming Memo
CP (New Matter/Answer)
Supression of Evidence
46. 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
Warranties/Disclaimers
Retraint on Alienation
Accord and Satisfaction
Theft
47. 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
RPC (Prospective Client)
Americans w/ Disabilites Act
Incorporation by Reference
Perjury
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
Incorporation by Reference
Forgery
Mitigation of Damages
49. 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
Marital Property
4th Amendment Search and Seizure
Burglary
Privacy Rights
50. 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
Criminal Trespass
Corporate Opportunity
Strict Products Liability