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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. A disabling restraint on alienation makes it impossible to transfer property within a period of time. A disabling restraint is void - but the original transfer is valid.
1st Amendment Free Association
Attorney Contact w/ Represented Party
Retraint on Alienation
Lawyer Advertising
2. 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
Proper Service of Complaint
4th Amendment Search and Seizure
Will Requirements
3. 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
Terroristic Threats
Taxability of Embezzeled Property
Entrapment
Damages
4. 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.
Fed Tax (Advancement)
Notice for Special Meeting
Dying Declaration
Representing Multiple Parties
5. 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.
CP (Motion for New Trial)
Board of Directors (Voting)
Special Warranty Deed
ADEA (shifting burdens)
6. 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.
Fair Reporting Privilege
Recklessly Endangering
Implied Warranty Construction Contract
Tenancy by the Entireties
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
Board of Directors (Voting)
Estates (Slayer's Act)
Strict Products Liability
1st Amendment Free Speech (Defamation
8. 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.
Special Warranty Deed
Anticipatory Repudiation
Liability of Claims After Merger
Removal to Action to Federal Court
9. 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
Summary Jugment
Notice for Special Meeting
Restrictions on Transferability of Stock
10. No petitioner is entitled to receive an award of alimony where the petitioner - subsequent to divorce - has entered into cohabitation with a person of the opposite sex who is not a family member. Cohabitation may be shown by evidence of financial - s
Gift of Stock
Warranties/Disclaimers
Statute of Frauds
Alimony
11. 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.
Board of Directors (Removal)
Kidnapping
Title VII- Retaliatory Discharge
Terroristic Threats
12. 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.
Fee Agreements
Perjury
Will Requirements
Treasure Trove
13. 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
Tenancy by the Entireties
Notice for Special Meeting
Liquidated Damages
Defense of Minority
14. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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15. 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
Restrictive Covenant (Enforcement)
3rd Party Beneficiary
Gift of Stock
RPC (Prospective Client)
16. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Bequests
Liability of Directors (improper distribution)
Restrictions on Transferability of Stock
Alimony
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.
Robbery
Loss of Consortium
Mitigation of Damages
Estates (Advancement)
18. 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
Defense of Minority
Corporate Opportunity
Negligence (Malpractice)
Bona Fide Purchaser
19. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Domicile
Attorney Work Product
Receiving Stolen Property
Contract Formation
20. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Merchants Confirming Memo
Estates (Advancement)
Protection From Abuse Order
Joint Tenancy (Severance)
21. 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
Americans w/ Disabilites Act
Liquidated Damages
Unconcionable Contract Provision (UCC)
Fed Tax (Advancement)
22. Occurs when a person takes the property of another with intent to deprive them of it.
Specially Manufactured Goods (SOF)
Fed Tax (Advancement)
Theft
Equitable Division
23. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Supression of Evidence
Simple Assault
3rd Party Beneficiary
Revocation of Acceptance
24. 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
Restrictions on Transferability of Stock
2nd Degree Murder
Equitable Division
Criminal Trespass
25. 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
Loss of Consortium
4th Amendment Govt Employers
Tax (Life Insurance Policy Proceeds)
26. 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.
Removal to Action to Federal Court
Duty to Minority Shareholders
Burglary
1st Amendment Free Speech
27. 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
Attorney Contact w/ Represented Party
Loss of Consortium
Representing Multiple Parties
Tax (Life Insurance Policy Proceeds)
28. Alleged prior bad acts are not relevant and are inadmissible for impeachment. Convictions for robbery (w/i 10 years) are admissible to impeach (crime of dishonesty).
Equitable Division
Unconcionable Contract Provision (UCC)
Criminal Conspiracy
Impeachment
29. 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.
Joint Tenancy (Severance)
Devise of Encumbered Property
Destruction of Identified Goods
Usurpation of Corporate Opportunity (Remedies)
30. 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
ADEA (shifting burdens)
Pat Down Search
Supression of Evidence
Robbery
31. (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
4th Amendment Govt Employers
Theft
Jgmt on the Pleadings
Ademption
32. 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
Terroristic Threats
Impeachment
Devise of Encumbered Property
3rd Party Beneficiary
33. Requires only proof that a product was sold in a defective condition unreasonably dangerous to the user or consumer - and that the defect was the proximate cause of P's injury. Defective condition includes the lack of adequate warnings or instruction
Strict Products Liability
Emancipation
Liability of Directors (improper distribution)
Equitable Division
34. 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
Forgery
Implied Warranty Construction Contract
Liability of Directors (improper distribution)
Theft
35. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Estates (Intestate)
Specially Manufactured Goods (SOF)
Prescriptive Easement (scope)
Destruction of Identified Goods
36. 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.
Robbery
Oral Agreements (SOF)
Fair Reporting Privilege
Gambling Winnings and Losses
37. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Theft by Deception
1st Amendment Free Speech (Defamation
Liability of Claims After Merger
Criminal Conspiracy
38. 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
Estates (Intestate)
Will Requirements
Codicil
Fed Tax (Advancement)
39. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Receiving Stolen Property
Tax (Life Insurance Policy Proceeds)
Statute of Frauds
40. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Constructive Eviction
Ademption
Contract Formation
41. (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
Fee Agreements
CP (Motion for New Trial)
Attorney-Client Communication
Emancipation
42. 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.
Latent Ambiguity
Receiving Stolen Property
Liquidated Damages
Attorney-Client Communication
43. 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.
Mitigation of Damages
Taxability of Embezzeled Property
Forgery
Age Discrimination
44. A joint tenant can convey his interest or less than his entire interest in property held as joint tenancy with right of survivorship. A conveyance of joint tenant's interest to a third party severs the joint tenancy. Upon severance - joint tenancy wi
Joint Tenancy (Severance)
Loss of Consortium
Receiving Stolen Property
Estates (Intestate)
45. 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
Lay Opinion Testimony
Americans w/ Disabilites Act
Summary Jugment
46. 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
Special Warranty Deed
Procedural Due Process
Warranties/Disclaimers
47. 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.
Present-sense Impression
Destruction of Identified Goods
Constructive Eviction
Bequests
48. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Liability of Claims After Merger
Unconcionable Contract Provision (UCC)
Kidnapping
CP (Motion for New Trial)
49. 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
Gambling Winnings and Losses
Taxability of Sale of Residence
Taxability of Embezzeled Property
Equitable Division
50. A criminal homicide constitutes 2nd degree murder when it is committed while D is engaged as a principal or accomplice in the perpetration of a felony.
Terroristic Threats
Kidnapping
2nd Degree Murder
Entrapment