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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. 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.
Liability of Claims After Merger
Bequests
Board of Directors (Voting)
Attorney Contact w/ Represented Party
2. 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.
Corporate Opportunity
4th Amendment Search and Seizure
Standing
Duty to Minority Shareholders
3. 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.
Destruction of Identified Goods
Present-sense Impression
1st Amendment Free Speech (Defamation
Representing Multiple Parties
4. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Mitigation of Damages
CP (Motion for New Trial)
Usurpation of Corporate Opportunity (Remedies)
Treasure Trove
5. 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.
Negligence (Malpractice)
Estates (Advancement)
Prescriptive Easement
Destruction of Identified Goods
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
Landlord Duties
Codicil
Privacy Rights
Simple Assault
7. Restitution made is generally deductible in the year made.
4th Amendment Search and Seizure
Revocation of Acceptance
Deductibility of Restitution
Incorporation by Reference
8. 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.
Removal to Action to Federal Court
Statute of Frauds
Constructive Eviction
Bequests
9. 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.
Theft
Applicability of Express Warranty
Liquidated Damages
Corporate Opportunity
10. Income from gambling constitutes gross taxable income - while losses may be deducted.
Simple Assault
Specially Manufactured Goods (SOF)
Gambling Winnings and Losses
Representing Multiple Parties
11. 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.
Sharehold Derivative Suit
Procedural Due Process
Proper Service of Complaint
Landlord Duties
12. 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.
Deed (Delivery)
Devise of Encumbered Property
Conditional Devise
Tax (Life Insurance Policy Proceeds)
13. 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.
Pat Down Search
Liquidated Damages
Receipt of Income
Restrictive Covenant (Enforcement)
14. 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
Duty to Minority Shareholders
Fee Agreements
Gift of Stock
Sharehold Derivative Suit
15. 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
Fee Agreements
Sharehold Derivative Suit
Liquidated Damages
Contract Formation
16. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Lay Opinion Testimony
Liability of Claims After Merger
Restrictive Covenant (Enforcement)
4th Amendment Search and Seizure
17. 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
Liability of Claims After Merger
Latent Ambiguity
Accord and Satisfaction
Fee Agreements
18. 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
Damages
Procedural Due Process
19. 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.
1st Amendment Free Speech
CP (Motion for New Trial)
Loss of Consortium
Conditional Devise
20. 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
Restrictions on Transferability of Stock
2nd Degree Murder
Latent Ambiguity
Fed Tax (Advancement)
21. 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
4th Amendment Search and Seizure
Recklessly Endangering
Restrictions on Transferability of Stock
22. 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
Restrictions on Transferability of Stock
Estates (Slayer's Act)
Lay Opinion Testimony
Restrictive Covenant (Enforcement)
23. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Contract Formation
Specially Manufactured Goods (SOF)
Pretermitted Spouse
Americans w/ Disabilites Act
24. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
Theft
Proper Service of Complaint
4th Amendment Govt Employers
25. 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.'
Present-sense Impression
Contract Formation
Codicil
Protection From Abuse Order
26. 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
1st Amendment Free Speech
Loss of Consortium
Ademption
Restrictions on Transferability of Stock
27. Private security guards are private citizens and the restraints that are imposed upon govt. activities are not applicable to actions by private citizens. Therefore - a custodial interrogation done a private security guard w/o Miranda - is admissable
Board of Directors (Voting)
Tenancy by the Entireties
Tax (Life Insurance Policy Proceeds)
Supression of Evidence
28. 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
4th Amendment Search and Seizure
Sharehold Derivative Suit
Conditional Devise
RPC (Prospective Client)
29. 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.
Theft by Deception
RPC (Competence)
Joint Tenancy (Severance)
Entrapment
30. 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
Taxability of Sale of Residence
Prescriptive Easement
Procedural Due Process
31. A direct or indirect threat to commit a crime with intent to terrorize.
Attorney-Client Communication
Ademption
Terroristic Threats
Bequests
32. 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
Buyer's duties (rejected goods)
Burglary
ADEA (shifting burdens)
Attorney Work Product
33. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
RPC (Prospective Client)
Warranties/Disclaimers
Board of Directors (Voting)
34. 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).
Joint Tenancy w/ Right of Survivorship
Specially Manufactured Goods (SOF)
Kidnapping
Criminal Trespass
35. 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
Fair Reporting Privilege
Theft
Privacy Rights
Entrapment
36. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Incorporation by Reference
Recklessly Endangering
Burglary
37. 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
Fee Agreements
Special Warranty Deed
Notice for Special Meeting
Estates (Advancement)
38. 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
Tenancy by the Entireties
Gambling Winnings and Losses
1st Amendment Free Speech
Equitable Division
39. (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
Privacy Rights
Landlord Duties
Burglary
Attorney-Client Communication
40. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Fed Tax (Advancement)
Dying Declaration
Sharehold Derivative Suit
41. 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.
1st Amendment Free Association
Dying Declaration
Forgery
Mutual Mistake
42. 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
Treasure Trove
Pre-Nuptial Agreements
Criminal Trespass
Anticipatory Repudiation
43. 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.
Prescriptive Easement
Will Requirements
Removal to Action to Federal Court
Recklessly Endangering
44. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
CP (New Matter/Answer)
Fee Agreements
Present-sense Impression
1st Degree Murder
45. 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.
Mitigation of Damages
Restrictive Covenant (Enforcement)
Procedural Due Process
Receipt of Income
46. 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.
Entrapment
Fee Agreements
Unconcionable Contract Provision (UCC)
Estates (Advancement)
47. 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.
Proper Service of Complaint
Tax (Life Insurance Policy Proceeds)
Dying Declaration
Excited Utterance
48. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
Hearsay
Robbery
Fee Agreements
49. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
1st Amendment Free Speech (Defamation
Merchants Confirming Memo
Title VII- Retaliatory Discharge
Attorney Work Product
50. 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
Simple Assault
Dormant Commerce Clause
Accord and Satisfaction
Summary Jugment