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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. 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
Excited Utterance
Privacy Rights
Receipt of Income
2. A deed containing the phrase 'will warrant specially the property hereby conveyed' will be construed to be a special warranty deed. A deed of special warranty obligates a grantor to defend title only against those claiming superior title by - under o
Special Warranty Deed
Receipt of Income
Usurpation of Corporate Opportunity (Remedies)
Gambling Winnings and Losses
3. 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
Pre-Nuptial Agreements
Kidnapping
Treasure Trove
Receiving Stolen Property
4. 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
Notice for Special Meeting
Restrictive Covenant (Enforcement)
Alimony
Title VII- Retaliatory Discharge
5. 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
Accord and Satisfaction
Standing
Contract Formation
Incorporation by Reference
6. 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
1st Amendment Free Speech (Defamation
Receipt of Income
Americans w/ Disabilites Act
7. 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.
Pretermitted Spouse
Pre-Nuptial Agreements
Representing Multiple Parties
Terroristic Threats
8. 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.
1st Amendment Free Speech
Retraint on Alienation
Prescriptive Easement (scope)
Statute of Frauds
9. 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
Theft by Deception
Revocation of Acceptance
Corporate Opportunity
Special Warranty Deed
10. 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
Joint Tenancy w/ Right of Survivorship
Restrictive Covenant (Enforcement)
Perjury
11. Occurs when a person takes the property of another with intent to deprive them of it.
Protection From Abuse Order
Theft
Negligence (Malpractice)
Joint Tenancy w/ Right of Survivorship
12. 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.
Conditional Devise
Restrictions on Transferability of Stock
Negligence (Malpractice)
Procedural Due Process
13. 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
Recording Statute
Criminal Trespass
Destruction of Identified Goods
14. 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
Receiving Stolen Property
Special Warranty Deed
Usurpation of Corporate Opportunity (Remedies)
Joint Tenancy (Severance)
15. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Board of Directors (Voting)
ADEA (shifting burdens)
Joint Tenancy (Severance)
Removal to Action to Federal Court
16. 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.
Applicability of Express Warranty
Dying Declaration
CP (Motion for New Trial)
Landlord Duties
17. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Taxability of Embezzeled Property
Merchants Confirming Memo
Receipt of Income
Anticipatory Repudiation
18. 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
Latent Ambiguity
Prescriptive Easement
Kidnapping
19. 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
4th Amendment Search and Seizure
Tax (Life Insurance Policy Proceeds)
Negligence (Malpractice)
Bona Fide Purchaser
20. 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
Procedural Due Process
Taxability of Sale of Residence
2nd Degree Murder
21. 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
Title VII- Retaliatory Discharge
Procedural Due Process
Negligence (Malpractice)
Theft
22. 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
Procedural Due Process
Bequests
3rd Party Beneficiary
Burglary
23. 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.
1st Degree Murder
Criminal Trespass
Impeachment
Excited Utterance
24. 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.
Jgmt on the Pleadings
1st Amendment Free Speech (Defamation
Representing Multiple Parties
Theft
25. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
Fair Reporting Privilege
Dormant Commerce Clause
Alimony
Usurpation of Corporate Opportunity (Remedies)
26. 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.
Unauthorized Practice of Law
Removal to Action to Federal Court
Age Discrimination
Excited Utterance
27. 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.
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28. Income from gambling constitutes gross taxable income - while losses may be deducted.
Prescriptive Easement (scope)
Removal to Action to Federal Court
Pre-Nuptial Agreements
Gambling Winnings and Losses
29. Property obtained during the course of the marriage is marital property - subject to equitable division.
Excited Utterance
Merchants Confirming Memo
4th Amendment Govt Employers
Marital Property
30. 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
RPC (Competence)
Joint Tenancy (Severance)
Recklessly Endangering
Alimony
31. 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)
Summary Jugment
Loss of Consortium
Gift of Stock
32. 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.
Ademption
Devise of Encumbered Property
Attorney-Client Communication
Implied Warranty Construction Contract
33. 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.
1st Amendment Free Speech (Defamation
4th Amendment Govt Employers
Taxability of Embezzeled Property
Deductibility of Restitution
34. 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.
Age Discrimination
Recklessly Endangering
Summary Jugment
Attorney Contact w/ Represented Party
35. 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
Mitigation of Damages
Taxability of Embezzeled Property
Devise of Encumbered Property
Ademption
36. 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
Hearsay
Devise of Encumbered Property
Theft by Deception
37. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Fair Reporting Privilege
RPC (Prospective Client)
Alimony
38. 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
Alimony
Americans w/ Disabilites Act
Attorney-Client Communication
Bequests
39. 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.
Domicile
Joint Tenancy (Severance)
Summary Jugment
Retraint on Alienation
40. 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
Notice for Special Meeting
Alimony
3rd Party Beneficiary
41. 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.
Implied Warranty Construction Contract
Tenancy by the Entireties
Burglary
Retraint on Alienation
42. Temporary detention of person by show of force for investigative purposes constitutes seizure - which must be based on reasonable suspicion rather than a warrant. Officer conducting investigative detention may conduct pat down search for weapons wher
Loss of Consortium
Constructive Eviction
Pat Down Search
Fed Tax (Advancement)
43. 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.
Revocation of Acceptance
1st Amendment Free Speech (Defamation
Liability of Directors (improper distribution)
Recording Statute
44. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Unauthorized Practice of Law
Receipt of Income
Burglary
Unconcionable Contract Provision (UCC)
45. 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.
Protection From Abuse Order
Latent Ambiguity
Entrapment
Age Discrimination
46. 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.
4th Amendment Govt Employers
4th Amendment Search and Seizure
Mitigation of Damages
Codicil
47. 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.
Bona Fide Purchaser
Will Requirements
Ademption
Dying Declaration
48. 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.
Applicability of Express Warranty
Taxability of Embezzeled Property
Procedural Due Process
Standing
49. 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.
Mitigation of Damages
Burglary
Latent Ambiguity
Receipt of Income
50. 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.
Simple Assault
Oral Agreements (SOF)
Jgmt on the Pleadings
Attorney-Client Communication