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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. To unlawfully (accomplished by force) remove another a substantial distance under the circumstances from the place where his is found - or if he unlawfully confines another for substantial period in a place of isolation - with the intention to commit
Taxability of Sale of Residence
Attorney-Client Communication
Kidnapping
Pat Down Search
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.
1st Amendment Free Speech
Pat Down Search
Accord and Satisfaction
Duty to Minority Shareholders
3. 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
Statute of Frauds
Incorporation by Reference
Liability of Claims After Merger
Liquidated Damages
4. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Gift of Stock
Defense of Minority
Board of Directors (Removal)
ADEA (shifting burdens)
5. 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).
Applicability of Express Warranty
Removal to Action to Federal Court
Joint Tenancy w/ Right of Survivorship
1st Amendment Free Association
6. 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
Buyer's duties (rejected goods)
Fed Tax (Advancement)
1st Amendment Free Speech (Defamation
Devise of Encumbered Property
7. 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
Mitigation of Damages
Forgery
1st Amendment Free Speech (Defamation
Tax (Life Insurance Policy Proceeds)
8. 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
Tax (Life Insurance Policy Proceeds)
Supression of Evidence
Attorney-Client Communication
Incorporation by Reference
9. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Anticipatory Repudiation
RPC (Competence)
Prescriptive Easement
Domicile
10. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Taxability of Sale of Residence
Treasure Trove
Prescriptive Easement
Impeachment
11. An offer can be accepted by performance. Necessity of knowledge of an offer to create a power of acceptance. Acquisition of knowledge during performance but prior to completion creates power of acceptance.
Entrapment
Contract Formation
Oral Agreements (SOF)
RPC (Prospective Client)
12. 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.
Conditional Devise
Constructive Eviction
Jgmt on the Pleadings
Deductibility of Restitution
13. The making of a false statement under oath during an official proceeding - when the statement is material and he does not believe it to be true.
Perjury
Alimony
Notice for Special Meeting
CP (Motion for New Trial)
14. 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
4th Amendment Govt Employers
Dying Declaration
Dormant Commerce Clause
Americans w/ Disabilites Act
15. (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
Landlord Duties
Restrictions on Transferability of Stock
Attorney-Client Communication
Devise of Encumbered Property
16. 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
Removal to Action to Federal Court
Tax (Life Insurance Policy Proceeds)
Bequests
Impeachment
17. 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.
3rd Party Beneficiary
RPC (Prospective Client)
Taxability of Embezzeled Property
Revocation of Acceptance
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
Bequests
Recording Statute
Estates (Advancement)
19. 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
Gambling Winnings and Losses
Deed (Delivery)
Procedural Due Process
Liability of Directors (improper distribution)
20. Reasonable expansion of use of prescriptive easement allowed if not too burdensome to servient estate. Factors to consider: 1) Increase in size distinguished from increased use; 2) change in purpose of use; 3) Increased burden on servient estate.
Excited Utterance
Duty to Minority Shareholders
Prescriptive Easement (scope)
RPC (Prospective Client)
21. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Joint Tenancy (Severance)
Mutual Mistake
Treasure Trove
22. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Unconcionable Contract Provision (UCC)
1st Amendment Free Speech
Burglary
Bona Fide Purchaser
23. 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.
Oral Agreements (SOF)
Liquidated Damages
Notice for Special Meeting
Latent Ambiguity
24. 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
Pat Down Search
Summary Jugment
Notice for Special Meeting
25. 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
Tenancy by the Entireties
Negligence (Malpractice)
Hearsay
Notice for Special Meeting
26. 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
Estates (Intestate)
Deed (Delivery)
Accord and Satisfaction
1st Amendment Free Speech
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
Mutual Mistake
Codicil
Usurpation of Corporate Opportunity (Remedies)
Perjury
28. 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.
Negligence (Malpractice)
Bequests
Oral Agreements (SOF)
Revocation of Acceptance
29. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Latent Ambiguity
Unconcionable Contract Provision (UCC)
Robbery
30. 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
Dormant Commerce Clause
Terroristic Threats
Excited Utterance
Lay Opinion Testimony
31. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Title VII- Retaliatory Discharge
Protection From Abuse Order
Procedural Due Process
Treasure Trove
32. 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
Fee Agreements
ADEA (shifting burdens)
Anticipatory Repudiation
Americans w/ Disabilites Act
33. 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.
Equitable Division
1st Degree Murder
Destruction of Identified Goods
Specially Manufactured Goods (SOF)
34. 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
RPC (Competence)
Burglary
Loss of Consortium
1st Amendment Free Speech
35. 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.
Removal to Action to Federal Court
3rd Party Beneficiary
1st Amendment Free Speech
Privacy Rights
36. Equity allows for the impression of a constructive trust and an accounting to allow the corporation to receive the benefit of the opportunity and any profits.
Usurpation of Corporate Opportunity (Remedies)
1st Amendment Free Speech
2nd Degree Murder
Destruction of Identified Goods
37. 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'
Jgmt on the Pleadings
Implied Warranty Construction Contract
Age Discrimination
Lawyer Advertising
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
Treasure Trove
Equitable Division
Domicile
Theft
39. A direct or indirect threat to commit a crime with intent to terrorize.
Deed (Delivery)
Perjury
Defense of Minority
Terroristic Threats
40. 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.
2nd Degree Murder
Robbery
Landlord Duties
Receipt of Income
41. 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.
Kidnapping
Dying Declaration
1st Amendment Free Speech (Defamation
Attorney Contact w/ Represented Party
42. 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
Contract Formation
Procedural Due Process
Criminal Trespass
1st Amendment Free Speech
43. 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
Pretermitted Spouse
Lay Opinion Testimony
Unauthorized Practice of Law
1st Amendment Free Speech
44. 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.
Removal to Action to Federal Court
Will Requirements
Usurpation of Corporate Opportunity (Remedies)
Board of Directors (Voting)
45. 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
Devise of Encumbered Property
Mutual Mistake
1st Degree Murder
46. 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
Theft
Sharehold Derivative Suit
Restrictive Covenant (Enforcement)
Perjury
47. 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
Criminal Trespass
Damages
Lawyer Advertising
Restrictive Covenant (Enforcement)
48. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Pre-Nuptial Agreements
Proper Service of Complaint
Estates (Intestate)
Retraint on Alienation
49. 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
Joint Tenancy w/ Right of Survivorship
Defense of Minority
Deed (Delivery)
Landlord Duties
50. 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.
Bona Fide Purchaser
Applicability of Express Warranty
Special Warranty Deed
Impeachment