Test your basic knowledge |

PA Bar Exam

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. 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






2. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.






3. 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






4. 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






5. 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.






6. 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






7. 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).






8. 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






9. 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






10. 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).






11. 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






12. 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.






13. 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.






14. 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.






15. 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






16. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.






17. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.






18. 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






19. 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.






20. 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.






21. 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.






22. 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.






23. 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






24. 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.






25. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.






26. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.






27. 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.






28. 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






29. 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






30. 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






31. The intestate estate of a decedent who does not leave a surviving spouse but does leave two surviving children (and no deceased children) passes in equal shares to the decedent's two children.






32. A direct or indirect threat to commit a crime with intent to terrorize.






33. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.






34. 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






35. 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






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.






37. 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






38. 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.






39. Use of force to aid in escape after committing a theft constitutes robbery.






40. Offense occurs if a person without license or privilege by force enters an occupied structure of another.






41. Occurs when a person takes the property of another with intent to deprive them of it.






42. 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






43. (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






44. 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






45. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.






46. Requires physical presence together with an intent to establish.






47. Liabilities of the disappearing corporation flow to the surviving corporation.






48. 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.






49. 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.






50. 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