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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. 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.
Negligence (Malpractice)
Receiving Stolen Property
Latent Ambiguity
Simple Assault
2. 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.
Lay Opinion Testimony
Gift of Stock
Standing
Pretermitted Spouse
3. 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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4. Prospective clients who do not become actual clients are entitled to certain A/C privileges. Normally an attorney cannot represent a new client with a conflict against a prior prospective client if the lawyer received information in the consultation
Protection From Abuse Order
RPC (Prospective Client)
Pre-Nuptial Agreements
Equitable Division
5. 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
2nd Degree Murder
Unconcionable Contract Provision (UCC)
Impeachment
6. 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.
Simple Assault
Hearsay
Excited Utterance
Warranties/Disclaimers
7. 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
Merchants Confirming Memo
Fair Reporting Privilege
1st Amendment Free Speech (Defamation
Theft by Deception
8. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Liability of Directors (improper distribution)
CP (Motion for New Trial)
Corporate Opportunity
Criminal Conspiracy
9. Hearsay exception allowed when declarant believes his death is imminent and the statement pertains to the cause or circumstances of what the declarant believed to be impending death.
Criminal Trespass
Board of Directors (Voting)
Dying Declaration
Lawyer Advertising
10. 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
Forgery
Representing Multiple Parties
Fed Tax (Advancement)
Latent Ambiguity
11. 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.
Joint Tenancy w/ Right of Survivorship
Retraint on Alienation
Notice for Special Meeting
Board of Directors (Removal)
12. 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
Kidnapping
1st Amendment Free Speech
Sharehold Derivative Suit
Board of Directors (Removal)
13. 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
Dying Declaration
Dormant Commerce Clause
1st Amendment Free Speech
Burglary
14. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Attorney-Client Communication
Restrictions on Transferability of Stock
Pre-Nuptial Agreements
Pat Down Search
15. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Recklessly Endangering
Codicil
Joint Tenancy (Severance)
Latent Ambiguity
16. 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
Implied Warranty Construction Contract
Pretermitted Spouse
CP (New Matter/Answer)
Strict Products Liability
17. 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.
Domicile
Corporate Opportunity
Impeachment
1st Amendment Free Speech (Defamation
18. 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
Supression of Evidence
Fee Agreements
Attorney-Client Communication
19. 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.
Age Discrimination
1st Amendment Free Association
Liability of Directors (improper distribution)
Will Requirements
20. (a) After the relevant pleadings are closed but within such time as not to unreasonably delay the trial - any party may move for judgment on the pleadings. (b) The Court shall enter such judgment or order as shall be proper on the pleadings. The Moti
Jgmt on the Pleadings
4th Amendment Govt Employers
Alimony
Receipt of Income
21. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
1st Amendment Free Speech
Receiving Stolen Property
2nd Degree Murder
Landlord Duties
22. 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.
Mitigation of Damages
Lay Opinion Testimony
Estates (Intestate)
Forgery
23. Property obtained during the course of the marriage is marital property - subject to equitable division.
Treasure Trove
Notice for Special Meeting
Marital Property
Dying Declaration
24. Occurs when one attempts by physical menace to put another in fear of imminent serious bodily injury.
Simple Assault
Fee Agreements
Unconcionable Contract Provision (UCC)
Estates (Advancement)
25. 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.
Restrictive Covenant (Enforcement)
Mitigation of Damages
Hearsay
Lawyer Advertising
26. 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
Terroristic Threats
Latent Ambiguity
Board of Directors (Voting)
27. 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
Burglary
Attorney-Client Communication
Title VII- Retaliatory Discharge
Supression of Evidence
28. 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
1st Amendment Free Speech
Latent Ambiguity
Damages
3rd Party Beneficiary
29. 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
Recklessly Endangering
Negligence (Malpractice)
Contract Formation
4th Amendment Govt Employers
30. 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
Taxability of Sale of Residence
Latent Ambiguity
Revocation of Acceptance
Recklessly Endangering
31. 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.
Joint Tenancy (Severance)
Restrictive Covenant (Enforcement)
Revocation of Acceptance
Protection From Abuse Order
32. 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.
1st Degree Murder
Equitable Division
Treasure Trove
Estates (Intestate)
33. 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
Estates (Advancement)
Special Warranty Deed
Fee Agreements
Destruction of Identified Goods
34. 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
Lay Opinion Testimony
1st Amendment Free Association
Constructive Eviction
Dormant Commerce Clause
35. 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
Representing Multiple Parties
Deed (Delivery)
Incorporation by Reference
36. 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
Kidnapping
Constructive Eviction
Codicil
Alimony
37. 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.
Entrapment
Summary Jugment
Procedural Due Process
Pretermitted Spouse
38. 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.
Tax (Life Insurance Policy Proceeds)
Proper Service of Complaint
Attorney Work Product
RPC (Prospective Client)
39. Income from gambling constitutes gross taxable income - while losses may be deducted.
Criminal Conspiracy
Attorney Contact w/ Represented Party
Will Requirements
Gambling Winnings and Losses
40. 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
Present-sense Impression
Restrictions on Transferability of Stock
Taxability of Sale of Residence
Sharehold Derivative Suit
41. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
RPC (Competence)
Removal to Action to Federal Court
3rd Party Beneficiary
Notice for Special Meeting
42. A privilege available to a newspaper for publication of accurate accounts of proceedings that may contain defamatory communications.
1st Amendment Free Speech (Defamation
Destruction of Identified Goods
Fair Reporting Privilege
Liquidated Damages
43. Parties must be merchants. Memo must contain additional terms. Additional terms are added if they do not materially alter the contract.
Defense of Minority
Restrictive Covenant (Enforcement)
Recording Statute
Merchants Confirming Memo
44. 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.
Alimony
Contract Formation
Estates (Intestate)
Fed Tax (Advancement)
45. 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.
Notice for Special Meeting
Lawyer Advertising
Applicability of Express Warranty
Recklessly Endangering
46. 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
Receipt of Income
1st Amendment Free Speech (Defamation
Mutual Mistake
Emancipation
47. 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.
1st Degree Murder
Prescriptive Easement
Retraint on Alienation
1st Amendment Free Association
48. Once P establishes prima facie case of discrimination - the burden shifts to D to produce a legit nondiscriminatory reason for the action.
ADEA (shifting burdens)
1st Amendment Free Association
Negligence (Malpractice)
Warranties/Disclaimers
49. 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.
Unauthorized Practice of Law
Recording Statute
Treasure Trove
Prescriptive Easement
50. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Deed (Delivery)
Criminal Trespass
Unconcionable Contract Provision (UCC)
Anticipatory Repudiation