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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. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
1st Amendment Free Speech
Pre-Nuptial Agreements
Specially Manufactured Goods (SOF)
ADEA (shifting burdens)
2. Occurs when a person takes the property of another with intent to deprive them of it.
Taxability of Embezzeled Property
Theft
Representing Multiple Parties
Entrapment
3. 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.
Duty to Minority Shareholders
Negligence (Malpractice)
CP (Motion for New Trial)
Jgmt on the Pleadings
4. 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
Title VII- Retaliatory Discharge
Equitable Division
Prescriptive Easement
5. Income from gambling constitutes gross taxable income - while losses may be deducted.
Damages
Gambling Winnings and Losses
Deductibility of Restitution
Gift of Stock
6. 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
Equitable Division
Pretermitted Spouse
1st Amendment Free Association
Tax (Life Insurance Policy Proceeds)
7. 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
1st Amendment Free Speech
Landlord Duties
Merchants Confirming Memo
Dying Declaration
8. 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
Alimony
Protection From Abuse Order
Deed (Delivery)
Kidnapping
9. 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
Corporate Opportunity
Restrictive Covenant (Enforcement)
Will Requirements
Robbery
10. 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
Defense of Minority
Deductibility of Restitution
RPC (Prospective Client)
11. 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
Usurpation of Corporate Opportunity (Remedies)
Statute of Frauds
Americans w/ Disabilites Act
Prescriptive Easement
12. 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
Specially Manufactured Goods (SOF)
Board of Directors (Voting)
CP (Motion for New Trial)
13. 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
Bona Fide Purchaser
RPC (Competence)
Supression of Evidence
4th Amendment Govt Employers
14. 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.
Negligence (Malpractice)
Excited Utterance
4th Amendment Search and Seizure
1st Amendment Free Speech
15. Door-to-door solicitation is a protected form of expression under the 1st Amendment. Infringement on the right requires an important govt. interest that is directly served by the regulation sought to be imposed - and must not be overly broad by precl
1st Amendment Free Speech
Sharehold Derivative Suit
Liquidated Damages
Devise of Encumbered Property
16. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Notice for Special Meeting
Burglary
Jgmt on the Pleadings
Criminal Conspiracy
17. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Restrictive Covenant (Enforcement)
Duty to Minority Shareholders
Removal to Action to Federal Court
Merchants Confirming Memo
18. 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.
Merchants Confirming Memo
Sharehold Derivative Suit
Dying Declaration
Criminal Trespass
19. 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
Kidnapping
Taxability of Sale of Residence
Devise of Encumbered Property
RPC (Competence)
20. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
1st Amendment Free Speech
Kidnapping
Duty to Minority Shareholders
21. 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
CP (Motion for New Trial)
Americans w/ Disabilites Act
Mutual Mistake
Attorney Work Product
22. 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.
Deed (Delivery)
Destruction of Identified Goods
Mutual Mistake
Statute of Frauds
23. 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
Lay Opinion Testimony
Representing Multiple Parties
Ademption
Bequests
24. 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.
Will Requirements
Jgmt on the Pleadings
Recording Statute
Board of Directors (Voting)
25. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Liability of Claims After Merger
Burglary
RPC (Prospective Client)
26. 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.
Theft
4th Amendment Search and Seizure
Equitable Division
Applicability of Express Warranty
27. 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
Removal to Action to Federal Court
ADEA (shifting burdens)
Supression of Evidence
Defense of Minority
28. 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.
Protection From Abuse Order
Anticipatory Repudiation
Dormant Commerce Clause
Mitigation of Damages
29. 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.
Board of Directors (Voting)
Equitable Division
Fed Tax (Advancement)
Gambling Winnings and Losses
30. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Fee Agreements
Joint Tenancy w/ Right of Survivorship
Dying Declaration
1st Amendment Free Speech (Defamation
31. 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
Jgmt on the Pleadings
Latent Ambiguity
RPC (Competence)
32. Use of force to aid in escape after committing a theft constitutes robbery.
Impeachment
Pre-Nuptial Agreements
Robbery
RPC (Prospective Client)
33. 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.
Procedural Due Process
Latent Ambiguity
Entrapment
Liability of Directors (improper distribution)
34. 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
Jgmt on the Pleadings
Negligence (Malpractice)
Gift of Stock
Privacy Rights
35. Requires physical presence together with an intent to establish.
Pre-Nuptial Agreements
Attorney-Client Communication
Domicile
Sharehold Derivative Suit
36. 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
1st Amendment Free Speech (Defamation
Implied Warranty Construction Contract
Lay Opinion Testimony
Equitable Division
37. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Hearsay
Theft by Deception
Americans w/ Disabilites Act
Treasure Trove
38. 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.
Equitable Division
Prescriptive Easement (scope)
4th Amendment Search and Seizure
Removal to Action to Federal Court
39. 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.
Merchants Confirming Memo
Sharehold Derivative Suit
Notice for Special Meeting
Latent Ambiguity
40. 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
Liquidated Damages
Removal to Action to Federal Court
Restrictive Covenant (Enforcement)
ADEA (shifting burdens)
41. 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.
Domicile
Strict Products Liability
Damages
Representing Multiple Parties
42. 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
Landlord Duties
Liability of Directors (improper distribution)
Notice for Special Meeting
43. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Devise of Encumbered Property
Mutual Mistake
Prescriptive Easement
CP (Motion for New Trial)
44. 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.
Loss of Consortium
Hearsay
Estates (Intestate)
Board of Directors (Voting)
45. Liabilities of the disappearing corporation flow to the surviving corporation.
Prescriptive Easement (scope)
Americans w/ Disabilites Act
Taxability of Embezzeled Property
Liability of Claims After Merger
46. 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
Excited Utterance
Liability of Directors (improper distribution)
Age Discrimination
Receipt of Income
47. 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
Theft by Deception
RPC (Competence)
Special Warranty Deed
Damages
48. 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
Fee Agreements
Standing
Taxability of Embezzeled Property
Mitigation of Damages
49. 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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50. 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
Marital Property
Recklessly Endangering
Damages
Estates (Slayer's Act)