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. 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
Strict Products Liability
Gift of Stock
Loss of Consortium
Supression of Evidence
2. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Statute of Frauds
Will Requirements
Criminal Conspiracy
RPC (Competence)
3. 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
Equitable Division
4th Amendment Search and Seizure
Title VII- Retaliatory Discharge
4. 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.
Domicile
Duty to Minority Shareholders
Hearsay
Gambling Winnings and Losses
5. 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.
Special Warranty Deed
Latent Ambiguity
Pretermitted Spouse
Contract Formation
6. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Usurpation of Corporate Opportunity (Remedies)
Excited Utterance
Tenancy by the Entireties
7. 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.
Fed Tax (Advancement)
Notice for Special Meeting
Devise of Encumbered Property
Latent Ambiguity
8. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Excited Utterance
Board of Directors (Voting)
Recklessly Endangering
Kidnapping
9. 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.
Incorporation by Reference
Prescriptive Easement
Tenancy by the Entireties
Dormant Commerce Clause
10. 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.
Taxability of Sale of Residence
Implied Warranty Construction Contract
Mutual Mistake
Incorporation by Reference
11. 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.
Fed Tax (Advancement)
Unauthorized Practice of Law
Forgery
Accord and Satisfaction
12. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Prescriptive Easement
1st Degree Murder
Specially Manufactured Goods (SOF)
Devise of Encumbered Property
13. 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.
2nd Degree Murder
RPC (Competence)
Latent Ambiguity
Emancipation
14. 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
Defense of Minority
Title VII- Retaliatory Discharge
Robbery
15. 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.
Attorney-Client Communication
Hearsay
1st Amendment Free Speech
Gambling Winnings and Losses
16. Use of force to aid in escape after committing a theft constitutes robbery.
Robbery
Prescriptive Easement (scope)
Perjury
Standing
17. 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
ADEA (shifting burdens)
Recording Statute
Loss of Consortium
1st Amendment Free Speech
18. Bylaws require notice for special meeting. Notice can be waived by attendance and participation at the meeting. One can attend for the sole purpose of objecting.
Notice for Special Meeting
RPC (Prospective Client)
Duty to Minority Shareholders
Liability of Claims After Merger
19. 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)
CP (Motion for New Trial)
Proper Service of Complaint
Ademption
20. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Joint Tenancy w/ Right of Survivorship
Pat Down Search
Title VII- Retaliatory Discharge
4th Amendment Search and Seizure
21. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Destruction of Identified Goods
Restrictions on Transferability of Stock
Retraint on Alienation
Codicil
22. 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
Lawyer Advertising
Tax (Life Insurance Policy Proceeds)
1st Amendment Free Speech
Kidnapping
23. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Simple Assault
Unconcionable Contract Provision (UCC)
Taxability of Embezzeled Property
Prescriptive Easement
24. 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.
Conditional Devise
Corporate Opportunity
Buyer's duties (rejected goods)
Equitable Division
25. 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
1st Amendment Free Association
Ademption
Negligence (Malpractice)
Summary Jugment
26. 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
Dormant Commerce Clause
Strict Products Liability
Constructive Eviction
Incorporation by Reference
27. Intentionally obtaining property from another person by deception. Deception occurs when a person intentionally creates or reinforces a false impression regarding the value of property - or fails to correct a previously created false impression that
Estates (Slayer's Act)
Theft by Deception
Privacy Rights
Damages
28. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Attorney Contact w/ Represented Party
Theft by Deception
Receiving Stolen Property
Destruction of Identified Goods
29. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Burglary
1st Amendment Free Speech (Defamation
Warranties/Disclaimers
Receipt of Income
30. 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
2nd Degree Murder
Fed Tax (Advancement)
1st Amendment Free Speech
Deed (Delivery)
31. 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.
Attorney Contact w/ Represented Party
Revocation of Acceptance
Liability of Claims After Merger
Devise of Encumbered Property
32. 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.
Attorney Contact w/ Represented Party
Removal to Action to Federal Court
Attorney Work Product
Conditional Devise
33. 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.
1st Amendment Free Speech
Oral Agreements (SOF)
Removal to Action to Federal Court
3rd Party Beneficiary
34. Restitution made is generally deductible in the year made.
Deductibility of Restitution
Bequests
Oral Agreements (SOF)
Board of Directors (Voting)
35. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Retraint on Alienation
Destruction of Identified Goods
Contract Formation
Criminal Trespass
36. 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.
Duty to Minority Shareholders
Dormant Commerce Clause
Prescriptive Easement (scope)
Sharehold Derivative Suit
37. 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
Latent Ambiguity
Restrictive Covenant (Enforcement)
Recklessly Endangering
Dying Declaration
38. 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).
2nd Degree Murder
Ademption
Joint Tenancy w/ Right of Survivorship
Joint Tenancy (Severance)
39. 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
RPC (Competence)
Special Warranty Deed
CP (New Matter/Answer)
Equitable Division
40. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Restrictive Covenant (Enforcement)
Statute of Frauds
ADEA (shifting burdens)
Landlord Duties
41. Generally - a parent is obligated to support his child who is under 18. If a court determines that a child under 18 is emancipated - support will terminate. In determining whether a child is emancipated - the Court will look at the child's age - mari
Proper Service of Complaint
Emancipation
Dormant Commerce Clause
Estates (Advancement)
42. 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.
Jgmt on the Pleadings
Criminal Conspiracy
Revocation of Acceptance
Estates (Intestate)
43. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Will Requirements
Prescriptive Easement
Attorney Contact w/ Represented Party
Warranties/Disclaimers
44. 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
Representing Multiple Parties
Liability of Claims After Merger
Present-sense Impression
Tax (Life Insurance Policy Proceeds)
45. 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.
Forgery
Corporate Opportunity
4th Amendment Govt Employers
Codicil
46. 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
Alimony
Damages
Estates (Intestate)
Recording Statute
47. 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
4th Amendment Govt Employers
Equitable Division
Fee Agreements
Privacy Rights
48. 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.
Applicability of Express Warranty
Tax (Life Insurance Policy Proceeds)
Proper Service of Complaint
Strict Products Liability
49. 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
4th Amendment Search and Seizure
Loss of Consortium
Alimony
50. 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
Bequests
Proper Service of Complaint
Mutual Mistake
Standing