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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 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
Estates (Slayer's Act)
Attorney Contact w/ Represented Party
Privacy Rights
Dying Declaration
2. 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
Receiving Stolen Property
Standing
Perjury
Attorney-Client Communication
3. 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.
Receipt of Income
Bequests
ADEA (shifting burdens)
Pretermitted Spouse
4. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Emancipation
Lawyer Advertising
Restrictive Covenant (Enforcement)
5. 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
Special Warranty Deed
Fair Reporting Privilege
4th Amendment Search and Seizure
3rd Party Beneficiary
6. 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
Codicil
Specially Manufactured Goods (SOF)
Proper Service of Complaint
Protection From Abuse Order
7. 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.
Emancipation
Criminal Conspiracy
Applicability of Express Warranty
Loss of Consortium
8. 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.
Statute of Frauds
Mutual Mistake
Equitable Division
Age Discrimination
9. 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.
Ademption
Summary Jugment
Implied Warranty Construction Contract
Supression of Evidence
10. 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
Protection From Abuse Order
Taxability of Sale of Residence
Oral Agreements (SOF)
Taxability of Embezzeled Property
11. 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).
Negligence (Malpractice)
4th Amendment Search and Seizure
Joint Tenancy w/ Right of Survivorship
Criminal Trespass
12. 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'
Tenancy by the Entireties
Buyer's duties (rejected goods)
Lawyer Advertising
CP (New Matter/Answer)
13. 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
Restrictions on Transferability of Stock
1st Amendment Free Association
Restrictive Covenant (Enforcement)
Buyer's duties (rejected goods)
14. The proceeds of a life insurance policy are generally not gross income to the beneficiary. The proceeds of a life insurance policy are gross income if the policy was transferred for value. The value of the consideration given by the beneficiary in ex
Jgmt on the Pleadings
Gift of Stock
Terroristic Threats
Tax (Life Insurance Policy Proceeds)
15. 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.
Estates (Advancement)
Present-sense Impression
Fed Tax (Advancement)
Robbery
16. 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
Conditional Devise
Hearsay
Tenancy by the Entireties
17. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Representing Multiple Parties
Mutual Mistake
Incorporation by Reference
18. 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.
Robbery
Statute of Frauds
Revocation of Acceptance
Constructive Eviction
19. 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
Incorporation by Reference
1st Amendment Free Speech
1st Amendment Free Speech (Defamation
Liability of Directors (improper distribution)
20. With the intent to defraud or injure or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone the actor alters any writing of another without his authority or utters any writing he knows to be forged.
Burglary
Forgery
Terroristic Threats
4th Amendment Search and Seizure
21. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Taxability of Sale of Residence
Simple Assault
Emancipation
Estates (Intestate)
22. 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.
1st Amendment Free Association
CP (Motion for New Trial)
Accord and Satisfaction
Sharehold Derivative Suit
23. 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
RPC (Prospective Client)
Criminal Conspiracy
Deed (Delivery)
Bona Fide Purchaser
24. 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
Receiving Stolen Property
3rd Party Beneficiary
Destruction of Identified Goods
Applicability of Express Warranty
25. Bylaws require notice for special meeting. Notice can be waived by attendance and participation at the meeting. One can attend for the sole purpose of objecting.
Notice for Special Meeting
Joint Tenancy w/ Right of Survivorship
1st Degree Murder
Prescriptive Easement
26. 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.
Corporate Opportunity
Liability of Claims After Merger
Conditional Devise
Negligence (Malpractice)
27. (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
Attorney-Client Communication
Lawyer Advertising
Restrictive Covenant (Enforcement)
Taxability of Sale of Residence
28. 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.
Age Discrimination
Theft by Deception
Hearsay
Estates (Advancement)
29. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Criminal Conspiracy
Recklessly Endangering
Landlord Duties
30. The intestate estate of a decedent who does not leave a surviving spouse but does leave two surviving children (and no deceased children) passes in equal shares to the decedent's two children.
Proper Service of Complaint
Destruction of Identified Goods
Estates (Intestate)
Prescriptive Easement
31. 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.
Taxability of Embezzeled Property
Equitable Division
3rd Party Beneficiary
1st Amendment Free Speech (Defamation
32. 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
Strict Products Liability
Bequests
Simple Assault
Latent Ambiguity
33. 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
Board of Directors (Removal)
Mutual Mistake
Theft
34. 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
Removal to Action to Federal Court
Procedural Due Process
Lay Opinion Testimony
Restrictive Covenant (Enforcement)
35. 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
Buyer's duties (rejected goods)
Domicile
Warranties/Disclaimers
36. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Unauthorized Practice of Law
Lawyer Advertising
Constructive Eviction
Prescriptive Easement
37. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Recording Statute
Receiving Stolen Property
Pre-Nuptial Agreements
Recklessly Endangering
38. 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.
Attorney Work Product
Prescriptive Easement
Duty to Minority Shareholders
Usurpation of Corporate Opportunity (Remedies)
39. 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
Present-sense Impression
Emancipation
Mutual Mistake
Merchants Confirming Memo
40. 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
Impeachment
Mutual Mistake
Theft
Sharehold Derivative Suit
41. Liabilities of the disappearing corporation flow to the surviving corporation.
1st Amendment Free Association
Pretermitted Spouse
Liability of Claims After Merger
Attorney-Client Communication
42. There is a presumption of assent unless a director votes against the actions of the board and the dissent is recorded. May be recorded in minutes or by providing the secretary a written statement during or shortly after the meeting.
Board of Directors (Voting)
4th Amendment Search and Seizure
Accord and Satisfaction
Incorporation by Reference
43. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Terroristic Threats
Burglary
Loss of Consortium
Recording Statute
44. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Prescriptive Easement
Criminal Trespass
Joint Tenancy (Severance)
Attorney-Client Communication
45. 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
Buyer's duties (rejected goods)
Estates (Intestate)
Damages
RPC (Prospective Client)
46. 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.
Alimony
Fee Agreements
Board of Directors (Removal)
Contract Formation
47. 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
Specially Manufactured Goods (SOF)
Representing Multiple Parties
Unconcionable Contract Provision (UCC)
Dormant Commerce Clause
48. 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
Implied Warranty Construction Contract
Terroristic Threats
Joint Tenancy w/ Right of Survivorship
49. 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
Receipt of Income
Fair Reporting Privilege
Americans w/ Disabilites Act
Receiving Stolen Property
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).
Standing
Treasure Trove
Forgery
Deed (Delivery)