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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 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.
Criminal Conspiracy
Landlord Duties
CP (Motion for New Trial)
Taxability of Sale of Residence
2. The moving party must demonstrate that there is no genuine issue material fact and that the moving party is entitled to judgment as a matter of law.
Contract Formation
Receiving Stolen Property
Notice for Special Meeting
Summary Jugment
3. 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
Restrictive Covenant (Enforcement)
Attorney Work Product
1st Amendment Free Speech
Anticipatory Repudiation
4. Constitutes gross income for the taxable year in which it is reduced to undisputed possession (to the extent of its value in US currency).
Treasure Trove
Damages
Alimony
Restrictive Covenant (Enforcement)
5. An attorney is prohibited from communicating about the subject of the representation with a party the lawyer knows to be represented by another lawyer unless the lawyer has the consent of the other lawyer or is authorized by law to do so.
Liability of Claims After Merger
Codicil
Damages
Attorney Contact w/ Represented Party
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.
Tenancy by the Entireties
Excited Utterance
Representing Multiple Parties
Special Warranty Deed
7. 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
Latent Ambiguity
Forgery
ADEA (shifting burdens)
Sharehold Derivative Suit
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.
Removal to Action to Federal Court
Entrapment
Buyer's duties (rejected goods)
Destruction of Identified Goods
9. 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.
Destruction of Identified Goods
Equitable Division
Contract Formation
Jgmt on the Pleadings
10. A search or seizure carried out in a residence without a search warrant is per se unreasonable subject to a few exceptions. An exception to the warrant requirement is consent which must be unequivocal - specific and voluntary. Consent will not be fou
Gambling Winnings and Losses
4th Amendment Search and Seizure
Attorney Contact w/ Represented Party
Removal to Action to Federal Court
11. 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.
Excited Utterance
Alimony
Accord and Satisfaction
Applicability of Express Warranty
12. 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.
Standing
Proper Service of Complaint
3rd Party Beneficiary
Usurpation of Corporate Opportunity (Remedies)
13. 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
Ademption
Attorney Work Product
Marital Property
1st Amendment Free Association
14. Income from gambling constitutes gross taxable income - while losses may be deducted.
Gambling Winnings and Losses
Constructive Eviction
CP (New Matter/Answer)
Bequests
15. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
4th Amendment Govt Employers
1st Amendment Free Speech (Defamation
Criminal Trespass
Lawyer Advertising
16. 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.
Retraint on Alienation
Age Discrimination
Tenancy by the Entireties
Specially Manufactured Goods (SOF)
17. 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.
Treasure Trove
Landlord Duties
4th Amendment Govt Employers
Age Discrimination
18. 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.
Implied Warranty Construction Contract
Contract Formation
Pre-Nuptial Agreements
Theft
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.
1st Amendment Free Association
Estates (Advancement)
Marital Property
Removal to Action to Federal Court
20. 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.
Liquidated Damages
Board of Directors (Removal)
Statute of Frauds
Accord and Satisfaction
21. 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'
3rd Party Beneficiary
Lawyer Advertising
Tenancy by the Entireties
Present-sense Impression
22. 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
Fed Tax (Advancement)
Standing
Specially Manufactured Goods (SOF)
Deductibility of Restitution
23. 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
Incorporation by Reference
Bona Fide Purchaser
Attorney-Client Communication
Jgmt on the Pleadings
24. 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.
Estates (Slayer's Act)
Hearsay
Constructive Eviction
RPC (Prospective Client)
25. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Accord and Satisfaction
Marital Property
Burglary
Devise of Encumbered Property
26. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Restrictive Covenant (Enforcement)
Specially Manufactured Goods (SOF)
Destruction of Identified Goods
2nd Degree Murder
27. 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
Ademption
Liability of Directors (improper distribution)
Fed Tax (Advancement)
Theft
28. 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
Unauthorized Practice of Law
Board of Directors (Removal)
Liquidated Damages
Kidnapping
29. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Dying Declaration
ADEA (shifting burdens)
Sharehold Derivative Suit
Prescriptive Easement (scope)
30. 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.
Implied Warranty Construction Contract
1st Amendment Free Speech
Ademption
Americans w/ Disabilites Act
31. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Negligence (Malpractice)
Emancipation
Fee Agreements
Attorney Contact w/ Represented Party
32. 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
Pretermitted Spouse
Joint Tenancy (Severance)
4th Amendment Search and Seizure
Attorney-Client Communication
33. 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.
Pretermitted Spouse
Special Warranty Deed
Destruction of Identified Goods
Unauthorized Practice of Law
34. Cash basis taxpayers report income when received or under the dominion and control of the taxpayer. Dividends are included in gross income. Receipt of a gift is not income.
Receipt of Income
Standing
Implied Warranty Construction Contract
Warranties/Disclaimers
35. 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
Mitigation of Damages
Unauthorized Practice of Law
Dormant Commerce Clause
Special Warranty Deed
36. 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
Pretermitted Spouse
1st Amendment Free Speech
Jgmt on the Pleadings
RPC (Prospective Client)
37. 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.
Ademption
Prescriptive Easement (scope)
Deed (Delivery)
Duty to Minority Shareholders
38. 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
1st Amendment Free Speech (Defamation
Recklessly Endangering
Criminal Trespass
39. 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.
Entrapment
Dormant Commerce Clause
Landlord Duties
Unauthorized Practice of Law
40. 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
Negligence (Malpractice)
Kidnapping
Strict Products Liability
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
Mutual Mistake
Emancipation
Negligence (Malpractice)
Restrictions on Transferability of Stock
42. 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.
Damages
Merchants Confirming Memo
Present-sense Impression
Mutual Mistake
43. The right of election against the will of deceased spouse is 1/3 of the estate. The right of election can be waived in a prenuptial agreement - be forfeited by desertion - or be prohibited in certain circumstances when a divorce is pending.
Retraint on Alienation
Pretermitted Spouse
Impeachment
Damages
44. 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).
Emancipation
Impeachment
Special Warranty Deed
Prescriptive Easement (scope)
45. 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).
Estates (Intestate)
Codicil
Notice for Special Meeting
Joint Tenancy w/ Right of Survivorship
46. 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.
Removal to Action to Federal Court
1st Degree Murder
Estates (Intestate)
Liquidated Damages
47. 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
Privacy Rights
Estates (Intestate)
Liquidated Damages
Ademption
48. Property obtained during the course of the marriage is marital property - subject to equitable division.
CP (Motion for New Trial)
Marital Property
Procedural Due Process
Strict Products Liability
49. 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
Theft
3rd Party Beneficiary
Burglary
Robbery
50. (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
Attorney-Client Communication
Recklessly Endangering
Forgery
ADEA (shifting burdens)