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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. 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).
Recklessly Endangering
Removal to Action to Federal Court
Joint Tenancy w/ Right of Survivorship
Mutual Mistake
2. 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.'
Standing
Loss of Consortium
Accord and Satisfaction
Protection From Abuse Order
3. 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.
1st Amendment Free Speech
Defense of Minority
Joint Tenancy (Severance)
Oral Agreements (SOF)
4. 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
Perjury
Entrapment
Deed (Delivery)
Estates (Intestate)
5. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Emancipation
Excited Utterance
Accord and Satisfaction
Title VII- Retaliatory Discharge
6. 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
4th Amendment Govt Employers
Taxability of Sale of Residence
Jgmt on the Pleadings
Landlord Duties
7. 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
Retraint on Alienation
3rd Party Beneficiary
Pretermitted Spouse
Unconcionable Contract Provision (UCC)
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
Tax (Life Insurance Policy Proceeds)
Special Warranty Deed
Corporate Opportunity
CP (New Matter/Answer)
9. 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'
1st Amendment Free Speech (Defamation
Lawyer Advertising
Joint Tenancy w/ Right of Survivorship
Fair Reporting Privilege
10. 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
Tenancy by the Entireties
Liability of Directors (improper distribution)
Joint Tenancy (Severance)
Summary Jugment
11. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictive Covenant (Enforcement)
Dying Declaration
Codicil
Restrictions on Transferability of Stock
12. 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
Unauthorized Practice of Law
Supression of Evidence
CP (New Matter/Answer)
Burglary
13. 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
Board of Directors (Voting)
1st Amendment Free Speech
Usurpation of Corporate Opportunity (Remedies)
Defense of Minority
14. 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
Perjury
Equitable Division
Retraint on Alienation
RPC (Prospective Client)
15. 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.
Procedural Due Process
Pretermitted Spouse
Latent Ambiguity
1st Amendment Free Speech (Defamation
16. 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'.
CP (New Matter/Answer)
Special Warranty Deed
RPC (Competence)
Unconcionable Contract Provision (UCC)
17. 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
Prescriptive Easement (scope)
Warranties/Disclaimers
Applicability of Express Warranty
18. 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
Attorney Work Product
Impeachment
Recording Statute
1st Degree Murder
19. 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.
Restrictive Covenant (Enforcement)
Defense of Minority
Board of Directors (Removal)
Criminal Conspiracy
20. 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
Liability of Directors (improper distribution)
Removal to Action to Federal Court
1st Amendment Free Speech (Defamation
Retraint on Alienation
21. 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.
Mitigation of Damages
Deductibility of Restitution
Destruction of Identified Goods
Estates (Slayer's Act)
22. 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.
Excited Utterance
Board of Directors (Voting)
Anticipatory Repudiation
2nd Degree Murder
23. Use of force to aid in escape after committing a theft constitutes robbery.
Dormant Commerce Clause
Robbery
Simple Assault
Tenancy by the Entireties
24. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Will Requirements
Criminal Conspiracy
Pre-Nuptial Agreements
Summary Jugment
25. 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
Warranties/Disclaimers
Taxability of Sale of Residence
Dormant Commerce Clause
Estates (Advancement)
26. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Unauthorized Practice of Law
Protection From Abuse Order
Pre-Nuptial Agreements
Perjury
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.
Entrapment
1st Amendment Free Speech (Defamation
Theft
Joint Tenancy w/ Right of Survivorship
28. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
Buyer's duties (rejected goods)
CP (New Matter/Answer)
Hearsay
Retraint on Alienation
29. 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.
Revocation of Acceptance
Special Warranty Deed
Joint Tenancy (Severance)
ADEA (shifting burdens)
30. 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
Ademption
Mutual Mistake
Lay Opinion Testimony
Usurpation of Corporate Opportunity (Remedies)
31. 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.
Terroristic Threats
Implied Warranty Construction Contract
Loss of Consortium
Supression of Evidence
32. T can incorporate by reference a document into her will so long as said document is in existence at the time at which the will is executed. Document to be incorporated by reference must be sufficiently identified in the will and its incorporation mus
Incorporation by Reference
Conditional Devise
Ademption
Statute of Frauds
33. 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.
Equitable Division
Receipt of Income
Implied Warranty Construction Contract
Loss of Consortium
34. 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.
Statute of Frauds
Oral Agreements (SOF)
Anticipatory Repudiation
Notice for Special Meeting
35. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Unconcionable Contract Provision (UCC)
Lay Opinion Testimony
Defense of Minority
Estates (Advancement)
36. 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
1st Amendment Free Speech
Dying Declaration
Fair Reporting Privilege
37. 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.
Gambling Winnings and Losses
Sharehold Derivative Suit
Americans w/ Disabilites Act
2nd Degree Murder
38. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Procedural Due Process
Damages
RPC (Prospective Client)
39. The goal of damages in breach of building contract by the contractor is to protect the expectation interest of the injured party. Where the building contractor breaches the contract by defective performance - cost of repair or completion is the usual
3rd Party Beneficiary
CP (Motion for New Trial)
Damages
Title VII- Retaliatory Discharge
40. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Liability of Claims After Merger
Sharehold Derivative Suit
Treasure Trove
Duty to Minority Shareholders
41. 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
ADEA (shifting burdens)
Merchants Confirming Memo
Prescriptive Easement (scope)
Constructive Eviction
42. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Tenancy by the Entireties
4th Amendment Search and Seizure
Anticipatory Repudiation
Recklessly Endangering
43. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Liability of Claims After Merger
Special Warranty Deed
Merchants Confirming Memo
Theft by Deception
44. Can be filed on behalf of the corporation. Demand must be made upon the corporate board unless injury will result to the corporation. Must be a shareholder to pursure a derivative action. Breach of fiduciary duty or breach of contract support the fil
Sharehold Derivative Suit
Perjury
Mitigation of Damages
Alimony
45. 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
Jgmt on the Pleadings
Usurpation of Corporate Opportunity (Remedies)
Alimony
1st Amendment Free Speech
46. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Restrictive Covenant (Enforcement)
Estates (Intestate)
Receiving Stolen Property
47. 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.
Deed (Delivery)
Landlord Duties
Will Requirements
Tax (Life Insurance Policy Proceeds)
48. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Summary Jugment
Negligence (Malpractice)
Fed Tax (Advancement)
Prescriptive Easement
49. 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
Constructive Eviction
Mutual Mistake
Anticipatory Repudiation
Kidnapping
50. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Pat Down Search
Gambling Winnings and Losses
Fee Agreements
Americans w/ Disabilites Act