SUBJECTS
|
BROWSE
|
CAREER CENTER
|
POPULAR
|
JOIN
|
LOGIN
Business Skills
|
Soft Skills
|
Basic Literacy
|
Certifications
About
|
Help
|
Privacy
|
Terms
|
Email
Search
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. Marriage - in addition to the unities of time - title - interest and possession - is a necessary element in order for an estate to be held as tenants by the entireties.
ADEA (shifting burdens)
Tenancy by the Entireties
Impeachment
Protection From Abuse Order
2. 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
CP (Motion for New Trial)
Joint Tenancy w/ Right of Survivorship
Ademption
3. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
1st Degree Murder
Damages
Receiving Stolen Property
Excited Utterance
4. 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'
Deductibility of Restitution
Lawyer Advertising
2nd Degree Murder
Applicability of Express Warranty
5. 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'.
Procedural Due Process
Ademption
Summary Jugment
CP (New Matter/Answer)
6. 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.
Privacy Rights
Revocation of Acceptance
Incorporation by Reference
Landlord Duties
7. 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
Damages
Burglary
Present-sense Impression
Accord and Satisfaction
8. 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
Incorporation by Reference
Joint Tenancy w/ Right of Survivorship
Privacy Rights
Mutual Mistake
9. 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
Duty to Minority Shareholders
Procedural Due Process
Alimony
Representing Multiple Parties
10. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Board of Directors (Voting)
Buyer's duties (rejected goods)
Standing
11. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Fee Agreements
Incorporation by Reference
Unconcionable Contract Provision (UCC)
Statute of Frauds
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.
Liability of Claims After Merger
Removal to Action to Federal Court
Liquidated Damages
CP (Motion for New Trial)
13. 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.
Pre-Nuptial Agreements
Contract Formation
Incorporation by Reference
Statute of Frauds
14. Occurs when a person takes the property of another with intent to deprive them of it.
Receiving Stolen Property
Theft
Fee Agreements
Restrictions on Transferability of Stock
15. PA's recording statute protects BFP for value - is without notice of the interest of the prior grantee - and records the deed first. Notice includes not only record notice but also constructive or inquiry notice obtained by inspection of the property
Bona Fide Purchaser
Usurpation of Corporate Opportunity (Remedies)
Protection From Abuse Order
Privacy Rights
16. 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.
1st Amendment Free Speech (Defamation
Burglary
Implied Warranty Construction Contract
Revocation of Acceptance
17. 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)
Treasure Trove
Codicil
Prescriptive Easement
18. 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.
Forgery
Lay Opinion Testimony
RPC (Prospective Client)
Special Warranty Deed
19. 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
Ademption
Bequests
1st Amendment Free Speech
Incorporation by Reference
20. The interference with the right of consortium by a tortfesor to one spouse affords the other spouse with a legal cause of action to recover damages for that interference. Consortium refers to the loss of a spouse's services after injury. A loss of so
Loss of Consortium
Defense of Minority
Pretermitted Spouse
Taxability of Sale of Residence
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
Contract Formation
Attorney Work Product
Simple Assault
1st Amendment Free Speech (Defamation
22. 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.
Applicability of Express Warranty
Prescriptive Easement
Contract Formation
Unconcionable Contract Provision (UCC)
23. 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
Excited Utterance
Taxability of Embezzeled Property
Representing Multiple Parties
24. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Restrictions on Transferability of Stock
Unauthorized Practice of Law
Title VII- Retaliatory Discharge
1st Amendment Free Speech
25. 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
Liability of Claims After Merger
Simple Assault
Statute of Frauds
RPC (Prospective Client)
26. 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
Recklessly Endangering
Anticipatory Repudiation
Fed Tax (Advancement)
RPC (Competence)
27. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Anticipatory Repudiation
Recklessly Endangering
4th Amendment Search and Seizure
2nd Degree Murder
28. 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.
Warning
: Invalid argument supplied for foreach() in
/var/www/html/basicversity.com/show_quiz.php
on line
183
29. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Recording Statute
Revocation of Acceptance
Prescriptive Easement
Removal to Action to Federal Court
30. 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
Receipt of Income
Gambling Winnings and Losses
Liquidated Damages
Liability of Claims After Merger
31. A direct or indirect threat to commit a crime with intent to terrorize.
Terroristic Threats
1st Amendment Free Association
Alimony
Mutual Mistake
32. 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
CP (New Matter/Answer)
Supression of Evidence
CP (Motion for New Trial)
33. 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
Liquidated Damages
Standing
Title VII- Retaliatory Discharge
Pretermitted Spouse
34. 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
Attorney-Client Communication
Will Requirements
Summary Jugment
1st Amendment Free Association
35. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
1st Amendment Free Speech (Defamation
Accord and Satisfaction
Privacy Rights
Restrictions on Transferability of Stock
36. 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.
Bona Fide Purchaser
Terroristic Threats
3rd Party Beneficiary
Hearsay
37. 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.
Prescriptive Easement
Mitigation of Damages
3rd Party Beneficiary
Buyer's duties (rejected goods)
38. 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
Liability of Claims After Merger
Terroristic Threats
Restrictions on Transferability of Stock
Taxability of Sale of Residence
39. 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.
Robbery
Accord and Satisfaction
Dying Declaration
Incorporation by Reference
40. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Criminal Trespass
Lawyer Advertising
Jgmt on the Pleadings
Contract Formation
41. 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.
Destruction of Identified Goods
Joint Tenancy (Severance)
Lawyer Advertising
Buyer's duties (rejected goods)
42. 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.
Pre-Nuptial Agreements
Strict Products Liability
Usurpation of Corporate Opportunity (Remedies)
Receipt of Income
43. 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
Representing Multiple Parties
Dormant Commerce Clause
1st Amendment Free Speech
Revocation of Acceptance
44. 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
Protection From Abuse Order
Treasure Trove
Fair Reporting Privilege
45. 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.
Fair Reporting Privilege
Negligence (Malpractice)
Loss of Consortium
Duty to Minority Shareholders
46. 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
Title VII- Retaliatory Discharge
Jgmt on the Pleadings
Unauthorized Practice of Law
Devise of Encumbered Property
47. In the absence of valid service of process - a court lacks personal jurisdiction over the party invalidly served - and is powerlessto enter judgment against that party.
RPC (Competence)
Privacy Rights
Buyer's duties (rejected goods)
Proper Service of Complaint
48. 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.
Procedural Due Process
Taxability of Embezzeled Property
Estates (Slayer's Act)
Lawyer Advertising
49. 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
Estates (Slayer's Act)
Warranties/Disclaimers
Bequests
Anticipatory Repudiation
50. 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.
CP (Motion for New Trial)
Implied Warranty Construction Contract
Duty to Minority Shareholders
Criminal Conspiracy