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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 homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Removal to Action to Federal Court
2nd Degree Murder
Emancipation
2. 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.
Domicile
Estates (Advancement)
Lawyer Advertising
Implied Warranty Construction Contract
3. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
Proper Service of Complaint
Board of Directors (Voting)
Defense of Minority
Duty to Minority Shareholders
4. 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.
Proper Service of Complaint
Kidnapping
Standing
Tenancy by the Entireties
5. 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.
3rd Party Beneficiary
Landlord Duties
Destruction of Identified Goods
Domicile
6. Requires physical presence together with an intent to establish.
Gift of Stock
Domicile
Restrictive Covenant (Enforcement)
Procedural Due Process
7. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Marital Property
Restrictions on Transferability of Stock
Destruction of Identified Goods
8. 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
Recklessly Endangering
Landlord Duties
Special Warranty Deed
Lawyer Advertising
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.
Marital Property
Board of Directors (Removal)
Latent Ambiguity
Pat Down Search
10. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Prescriptive Easement
Estates (Advancement)
Gambling Winnings and Losses
Excited Utterance
11. 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.
Duty to Minority Shareholders
Recording Statute
Tax (Life Insurance Policy Proceeds)
Dormant Commerce Clause
12. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Tenancy by the Entireties
1st Amendment Free Speech (Defamation
Attorney Contact w/ Represented Party
13. 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
Merchants Confirming Memo
CP (New Matter/Answer)
Strict Products Liability
Unconcionable Contract Provision (UCC)
14. 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.
RPC (Competence)
Applicability of Express Warranty
Estates (Slayer's Act)
Americans w/ Disabilites Act
15. 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
Restrictions on Transferability of Stock
Emancipation
Entrapment
16. 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.
Oral Agreements (SOF)
Age Discrimination
Representing Multiple Parties
Attorney Contact w/ Represented Party
17. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Notice for Special Meeting
Lay Opinion Testimony
Domicile
2nd Degree Murder
18. 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
Constructive Eviction
Domicile
Tax (Life Insurance Policy Proceeds)
Theft
19. 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
Constructive Eviction
1st Amendment Free Speech
Unauthorized Practice of Law
1st Amendment Free Association
20. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Defense of Minority
Criminal Conspiracy
Restrictive Covenant (Enforcement)
Fair Reporting Privilege
21. 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
Americans w/ Disabilites Act
Perjury
Terroristic Threats
Title VII- Retaliatory Discharge
22. 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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23. 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.
Joint Tenancy (Severance)
Loss of Consortium
Unauthorized Practice of Law
Conditional Devise
24. 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.
Restrictive Covenant (Enforcement)
Criminal Conspiracy
Oral Agreements (SOF)
Dying Declaration
25. 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
RPC (Prospective Client)
4th Amendment Govt Employers
Ademption
Strict Products Liability
26. 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
Forgery
2nd Degree Murder
Implied Warranty Construction Contract
27. Party injured as a result of breach of contract is required to use ordinary care and diligence to minimize losses. Amount recoverable by injured party is reduced by avoidable losses.
Prescriptive Easement
Terroristic Threats
Mitigation of Damages
Liquidated Damages
28. 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
Ademption
Americans w/ Disabilites Act
Restrictive Covenant (Enforcement)
Bona Fide Purchaser
29. 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.
Attorney Contact w/ Represented Party
Sharehold Derivative Suit
CP (New Matter/Answer)
Board of Directors (Removal)
30. 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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31. 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.
Simple Assault
Conditional Devise
Entrapment
Prescriptive Easement (scope)
32. 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.
Sharehold Derivative Suit
Theft
Duty to Minority Shareholders
Receipt of Income
33. (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
Pretermitted Spouse
Constructive Eviction
Jgmt on the Pleadings
Treasure Trove
34. 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.
Usurpation of Corporate Opportunity (Remedies)
Joint Tenancy (Severance)
Liquidated Damages
Devise of Encumbered Property
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
Lawyer Advertising
Anticipatory Repudiation
Liquidated Damages
Accord and Satisfaction
36. 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
Anticipatory Repudiation
Deed (Delivery)
Devise of Encumbered Property
Sharehold Derivative Suit
37. 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.
Attorney-Client Communication
Implied Warranty Construction Contract
Taxability of Embezzeled Property
Statute of Frauds
38. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou
Criminal Conspiracy
Privacy Rights
Landlord Duties
4th Amendment Search and Seizure
39. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Defense of Minority
Fair Reporting Privilege
Treasure Trove
Criminal Trespass
40. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
Perjury
Latent Ambiguity
1st Amendment Free Speech (Defamation
41. 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)
1st Degree Murder
Dying Declaration
Will Requirements
42. 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.'
Protection From Abuse Order
1st Amendment Free Speech (Defamation
Taxability of Sale of Residence
Domicile
43. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Liability of Claims After Merger
Age Discrimination
Pre-Nuptial Agreements
44. 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
RPC (Prospective Client)
Ademption
Damages
Duty to Minority Shareholders
45. 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
Criminal Conspiracy
Pretermitted Spouse
Bequests
46. 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
Excited Utterance
Procedural Due Process
Equitable Division
Mitigation of Damages
47. 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.
4th Amendment Govt Employers
Fee Agreements
Perjury
Taxability of Embezzeled Property
48. 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)
Privacy Rights
Buyer's duties (rejected goods)
1st Amendment Free Association
49. 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.
Lawyer Advertising
CP (Motion for New Trial)
ADEA (shifting burdens)
Deed (Delivery)
50. 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).
Mitigation of Damages
Merchants Confirming Memo
Joint Tenancy w/ Right of Survivorship
Fair Reporting Privilege