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. Restitution made is generally deductible in the year made.
Retraint on Alienation
2nd Degree Murder
Deductibility of Restitution
Emancipation
2. 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
1st Amendment Free Speech (Defamation
Pre-Nuptial Agreements
Negligence (Malpractice)
Simple Assault
3. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Attorney Work Product
Fee Agreements
Domicile
Ademption
4. 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
Representing Multiple Parties
4th Amendment Govt Employers
Title VII- Retaliatory Discharge
5. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Warranties/Disclaimers
Deed (Delivery)
Bona Fide Purchaser
Implied Warranty Construction Contract
6. 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
Constructive Eviction
ADEA (shifting burdens)
1st Amendment Free Association
Estates (Intestate)
7. 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
Attorney Work Product
3rd Party Beneficiary
Joint Tenancy (Severance)
Recklessly Endangering
8. 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
Taxability of Embezzeled Property
Dying Declaration
Taxability of Sale of Residence
Kidnapping
9. 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.
Emancipation
Joint Tenancy w/ Right of Survivorship
Perjury
Prescriptive Easement (scope)
10. 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)
Ademption
Marital Property
Buyer's duties (rejected goods)
11. 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
Tenancy by the Entireties
Specially Manufactured Goods (SOF)
Terroristic Threats
12. 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.
Specially Manufactured Goods (SOF)
Domicile
Removal to Action to Federal Court
Applicability of Express Warranty
13. 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.
Forgery
Protection From Abuse Order
Estates (Slayer's Act)
Present-sense Impression
14. 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.
Pat Down Search
Tenancy by the Entireties
Board of Directors (Voting)
Ademption
15. 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.
Bona Fide Purchaser
Contract Formation
Attorney Contact w/ Represented Party
Incorporation by Reference
16. Exception exists for specially manufactured goods if the manufacturer has substantially performed and the goods are not saleable by the manufacturer.
Specially Manufactured Goods (SOF)
Ademption
Corporate Opportunity
Estates (Slayer's Act)
17. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Procedural Due Process
Merchants Confirming Memo
Simple Assault
Conditional Devise
18. 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
1st Amendment Free Speech (Defamation
Negligence (Malpractice)
Taxability of Sale of Residence
Gift of Stock
19. (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
Mutual Mistake
Attorney-Client Communication
Unconcionable Contract Provision (UCC)
Implied Warranty Construction Contract
20. 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.
Forgery
Landlord Duties
Liability of Claims After Merger
Terroristic Threats
21. 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
Receiving Stolen Property
Entrapment
Mitigation of Damages
Bequests
22. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Landlord Duties
Defense of Minority
Unconcionable Contract Provision (UCC)
Criminal Trespass
23. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
CP (New Matter/Answer)
4th Amendment Govt Employers
Codicil
RPC (Competence)
24. Requires physical presence together with an intent to establish.
Entrapment
Unauthorized Practice of Law
Corporate Opportunity
Domicile
25. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
CP (New Matter/Answer)
Estates (Intestate)
Criminal Conspiracy
1st Amendment Free Association
26. 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.
Representing Multiple Parties
Treasure Trove
Unconcionable Contract Provision (UCC)
Age Discrimination
27. 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
Recklessly Endangering
Landlord Duties
3rd Party Beneficiary
Title VII- Retaliatory Discharge
28. 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.
Dying Declaration
1st Amendment Free Speech
RPC (Prospective Client)
Revocation of Acceptance
29. If both parties to a contract are mistaken as to the basis of the bargain or the basic assumption under which the contract was made - the mistake materially affects the parties' performance - and the adversely affected party msut not bear the risk of
Privacy Rights
Procedural Due Process
Mutual Mistake
Treasure Trove
30. 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.
Alimony
Criminal Trespass
Entrapment
Will Requirements
31. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Equitable Division
Revocation of Acceptance
Receiving Stolen Property
Emancipation
32. 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
Latent Ambiguity
Mutual Mistake
Privacy Rights
Anticipatory Repudiation
33. Minority or lack of capacity can be asserted as a defense to a contract. Contract made by a minor is voidable. Contract made by a minor involving a necessity or necessary - or which is not disaffirmed by the minor within a reasonable time after reach
Defense of Minority
Ademption
Theft by Deception
Attorney-Client Communication
34. 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
Notice for Special Meeting
Present-sense Impression
4th Amendment Search and Seizure
35. Property obtained during the course of the marriage is marital property - subject to equitable division.
Codicil
Fee Agreements
Mutual Mistake
Marital Property
36. 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.
Corporate Opportunity
Applicability of Express Warranty
Estates (Advancement)
3rd Party Beneficiary
37. 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
1st Amendment Free Speech
Conditional Devise
Landlord Duties
Criminal Conspiracy
38. 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.
Robbery
Board of Directors (Voting)
Latent Ambiguity
Duty to Minority Shareholders
39. 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
Theft by Deception
RPC (Prospective Client)
1st Amendment Free Speech
Deed (Delivery)
40. 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
Buyer's duties (rejected goods)
1st Amendment Free Speech (Defamation
Recording Statute
41. 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
Alimony
Estates (Advancement)
Americans w/ Disabilites Act
Usurpation of Corporate Opportunity (Remedies)
42. 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.
Burglary
4th Amendment Govt Employers
Constructive Eviction
Equitable Division
43. 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
Representing Multiple Parties
Terroristic Threats
Restrictions on Transferability of Stock
Standing
44. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Warranties/Disclaimers
Pre-Nuptial Agreements
1st Degree Murder
Treasure Trove
45. 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.
Devise of Encumbered Property
ADEA (shifting burdens)
Robbery
Equitable Division
46. 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
Accord and Satisfaction
Latent Ambiguity
Gift of Stock
Liability of Claims After Merger
47. 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.
CP (Motion for New Trial)
Implied Warranty Construction Contract
Title VII- Retaliatory Discharge
Latent Ambiguity
48. A direct or indirect threat to commit a crime with intent to terrorize.
Gambling Winnings and Losses
Terroristic Threats
Simple Assault
Buyer's duties (rejected goods)
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.
Receipt of Income
Devise of Encumbered Property
Taxability of Embezzeled Property
Unconcionable Contract Provision (UCC)
50. 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
Equitable Division
Taxability of Sale of Residence
CP (New Matter/Answer)
Can you answer 50 questions in 15 minutes?
Let me suggest you:
Browse all subjects
Browse all tests
Most popular tests
Major Subjects
Tests & Exams
AP
CLEP
DSST
GRE
SAT
GMAT
Certifications
CISSP go to https://www.isc2.org/
PMP
ITIL
RHCE
MCTS
More...
IT Skills
Android Programming
Data Modeling
Objective C Programming
Basic Python Programming
Adobe Illustrator
More...
Business Skills
Advertising Techniques
Business Accounting Basics
Business Strategy
Human Resource Management
Marketing Basics
More...
Soft Skills
Body Language
People Skills
Public Speaking
Persuasion
Job Hunting And Resumes
More...
Vocabulary
GRE Vocab
SAT Vocab
TOEFL Essential Vocab
Basic English Words For All
Global Words You Should Know
Business English
More...
Languages
AP German Vocab
AP Latin Vocab
SAT Subject Test: French
Italian Survival
Norwegian Survival
More...
Engineering
Audio Engineering
Computer Science Engineering
Aerospace Engineering
Chemical Engineering
Structural Engineering
More...
Health Sciences
Basic Nursing Skills
Health Science Language Fundamentals
Veterinary Technology Medical Language
Cardiology
Clinical Surgery
More...
English
Grammar Fundamentals
Literary And Rhetorical Vocab
Elements Of Style Vocab
Introduction To English Major
Complete Advanced Sentences
Literature
Homonyms
More...
Math
Algebra Formulas
Basic Arithmetic: Measurements
Metric Conversions
Geometric Properties
Important Math Facts
Number Sense Vocab
Business Math
More...
Other Major Subjects
Science
Economics
History
Law
Performing-arts
Cooking
Logic & Reasoning
Trivia
Browse all subjects
Browse all tests
Most popular tests