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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. 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.
Statute of Frauds
Forgery
Removal to Action to Federal Court
Mitigation of Damages
2. 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.
Excited Utterance
Privacy Rights
CP (Motion for New Trial)
Criminal Trespass
3. 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
Emancipation
Incorporation by Reference
Privacy Rights
Deed (Delivery)
4. 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
Title VII- Retaliatory Discharge
Burglary
Jgmt on the Pleadings
5. The PFA law is intended to protect family or household members from future abuse based upon current or past abusive actions. The statute defines abuse as 'placing of another in reasonable fear of imminent serious bodily injury.'
Statute of Frauds
Recording Statute
Protection From Abuse Order
Deed (Delivery)
6. 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
Standing
Receiving Stolen Property
Defense of Minority
Present-sense Impression
7. 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
Emancipation
Board of Directors (Voting)
ADEA (shifting burdens)
8. 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.
Liability of Claims After Merger
Devise of Encumbered Property
Supression of Evidence
Contract Formation
9. 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
Receipt of Income
Damages
Defense of Minority
Mutual Mistake
10. A homicide constitutes 1st degree murder when it is committed by an intentional (willful - deliberate and premeditated) killing.
1st Degree Murder
Fed Tax (Advancement)
Taxability of Embezzeled Property
Lawyer Advertising
11. Restricts states from imposing differential treatment of in-state and out-of-state economic interests. A local regulation which discriminates on its face is invalid unless it advances a legitimate local purpose that cannot be served by reasonable non
Dormant Commerce Clause
Defense of Minority
Receiving Stolen Property
Recording Statute
12. 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.
Oral Agreements (SOF)
Pretermitted Spouse
Taxability of Embezzeled Property
Lawyer Advertising
13. 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
Theft by Deception
Codicil
Buyer's duties (rejected goods)
14. 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
Tax (Life Insurance Policy Proceeds)
4th Amendment Govt Employers
Negligence (Malpractice)
Fee Agreements
15. 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.
Constructive Eviction
Marital Property
Age Discrimination
Contract Formation
16. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
Gift of Stock
Fed Tax (Advancement)
ADEA (shifting burdens)
Latent Ambiguity
17. 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
Board of Directors (Voting)
Duty to Minority Shareholders
Joint Tenancy (Severance)
Theft
18. 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
Landlord Duties
1st Amendment Free Speech
Impeachment
Joint Tenancy w/ Right of Survivorship
19. Property obtained during the course of the marriage is marital property - subject to equitable division.
Marital Property
Mitigation of Damages
Representing Multiple Parties
Attorney Work Product
20. When a complaint is filed after the expiration of the 2 yr. SOL - the SOL should be raised as an affirmative defense in a responsive pleading under a heading of 'New Matter'.
Deductibility of Restitution
Oral Agreements (SOF)
Procedural Due Process
CP (New Matter/Answer)
21. 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.
Simple Assault
Proper Service of Complaint
Board of Directors (Removal)
ADEA (shifting burdens)
22. Restitution made is generally deductible in the year made.
Merchants Confirming Memo
Deductibility of Restitution
Board of Directors (Voting)
Latent Ambiguity
23. A completed gift requires intent to make a gift and actual or constructive delivery sufficient to divest the giver of all dominion and invest the recipient therewith. The transfer of the registration of stock ownership on the books of the corporation
Mutual Mistake
2nd Degree Murder
Removal to Action to Federal Court
Gift of Stock
24. 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
Deed (Delivery)
Conditional Devise
Excited Utterance
Equitable Division
25. 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
Landlord Duties
Taxability of Sale of Residence
Alimony
Specially Manufactured Goods (SOF)
26. Liabilities of the disappearing corporation flow to the surviving corporation.
Liability of Claims After Merger
Pretermitted Spouse
Mutual Mistake
Fair Reporting Privilege
27. Affirmations that become part of basis of bargain create express warranty. Disclaimers of express warranties are only effective if consistent with warranty.
Unconcionable Contract Provision (UCC)
Warranties/Disclaimers
Theft by Deception
1st Degree Murder
28. 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.
Will Requirements
Duty to Minority Shareholders
Americans w/ Disabilites Act
Present-sense Impression
29. 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.
Proper Service of Complaint
Protection From Abuse Order
Domicile
Tenancy by the Entireties
30. There is a constructive eviction where the implied covenant for the quiet enjoyment of leased premises is breached. To establish a constructive eviction - there must be substantial interference with quiet enjoyment of leased premises - such that it d
1st Degree Murder
Ademption
Attorney Contact w/ Represented Party
Constructive Eviction
31. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Lay Opinion Testimony
Deed (Delivery)
Restrictions on Transferability of Stock
Bona Fide Purchaser
32. Computation of actual damages is speculative or difficult to estimate or ascertain and amount of damages is a reasonable forecast of expected loss. Liquidated damages are an unenforceable penalty if the damages fixed in advance are highly disproporti
Liquidated Damages
Supression of Evidence
Impeachment
Restrictions on Transferability of Stock
33. 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
Restrictive Covenant (Enforcement)
Forgery
Ademption
Fee Agreements
34. 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.
Criminal Conspiracy
Anticipatory Repudiation
Entrapment
Attorney-Client Communication
35. PA recording statute protects BFPs for value who record first. A BFP is one who pays valuable consideration for land without notice of prior unrecorded deeds or conveyances and acts in good faith.
Board of Directors (Voting)
Recording Statute
Equitable Division
Restrictive Covenant (Enforcement)
36. 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.
Contract Formation
Deed (Delivery)
Taxability of Sale of Residence
Representing Multiple Parties
37. 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.
Attorney Contact w/ Represented Party
Bona Fide Purchaser
Joint Tenancy w/ Right of Survivorship
Treasure Trove
38. Offense occurs if a person without license or privilege enters a building or occupied structure with intent to commit a crime therein.
Tax (Life Insurance Policy Proceeds)
Entrapment
Loss of Consortium
Burglary
39. 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
Bona Fide Purchaser
2nd Degree Murder
Joint Tenancy (Severance)
40. 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.
Constructive Eviction
Attorney-Client Communication
Estates (Intestate)
Tax (Life Insurance Policy Proceeds)
41. A document which is not admissible to probate as a document incorporated by reference because it was not in existence at the time of the execution of the will in question may nevertheless be admissible to probate as a codicil if in fact it was execut
Unconcionable Contract Provision (UCC)
Codicil
Attorney Work Product
Criminal Conspiracy
42. 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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43. Permitted if based on witness's perception - helps the finder of fact and is not based upon scientific or specialized knowledge.
Representing Multiple Parties
Strict Products Liability
Lay Opinion Testimony
Restrictions on Transferability of Stock
44. Income from gambling constitutes gross taxable income - while losses may be deducted.
Conditional Devise
1st Amendment Free Speech
Gambling Winnings and Losses
Receipt of Income
45. 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
Privacy Rights
Pat Down Search
Alimony
Marital Property
46. There is a presumption of assent unless a director votes against the actions of the board and the dissent is recorded. May be recorded in minutes or by providing the secretary a written statement during or shortly after the meeting.
Merchants Confirming Memo
Board of Directors (Voting)
Deed (Delivery)
Unauthorized Practice of Law
47. 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.
Gift of Stock
Receipt of Income
Latent Ambiguity
Applicability of Express Warranty
48. 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
Contract Formation
Taxability of Embezzeled Property
Entrapment
49. 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.
Destruction of Identified Goods
Board of Directors (Removal)
Liability of Directors (improper distribution)
Privacy Rights
50. Contingent fee agreements are prohibited in most domestic relations matters and in criminal matters.
Board of Directors (Voting)
Fee Agreements
Will Requirements
Gambling Winnings and Losses