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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.
Liability of Directors (improper distribution)
CP (Motion for New Trial)
Tax (Life Insurance Policy Proceeds)
Forgery
2. Offense occurs if a person without license or privilege by force enters an occupied structure of another.
Summary Jugment
Criminal Trespass
Removal to Action to Federal Court
CP (New Matter/Answer)
3. Competent representation requires the legal knowledge - skill - thoroughness - and preparation reasonably necessary for the representation.
Estates (Slayer's Act)
Board of Directors (Removal)
Entrapment
RPC (Competence)
4. 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
2nd Degree Murder
Supression of Evidence
Latent Ambiguity
Dormant Commerce Clause
5. 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.
Estates (Intestate)
Gift of Stock
4th Amendment Govt Employers
Perjury
6. Absent fraud - misrepresentation or duress - spouses are bound by the terms of their agreement.
Accord and Satisfaction
Pre-Nuptial Agreements
1st Amendment Free Speech
Forgery
7. 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.
Standing
1st Amendment Free Speech (Defamation
Loss of Consortium
Tenancy by the Entireties
8. Reasonable expansion of use of prescriptive easement allowed if not too burdensome to servient estate. Factors to consider: 1) Increase in size distinguished from increased use; 2) change in purpose of use; 3) Increased burden on servient estate.
Negligence (Malpractice)
1st Amendment Free Speech
Prescriptive Easement (scope)
Bequests
9. 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
Statute of Frauds
Loss of Consortium
Deductibility of Restitution
Ademption
10. 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.'
Protection From Abuse Order
Estates (Intestate)
Title VII- Retaliatory Discharge
Entrapment
11. 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
Retraint on Alienation
4th Amendment Search and Seizure
1st Amendment Free Speech
Theft
12. 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
ADEA (shifting burdens)
Attorney Work Product
Alimony
Dormant Commerce Clause
13. A person who willfully and intentionally participates in the unlawful killing of another person shall not in any way acquire any property or receive any benefit as a result of the death of that person - and instead shall be deemed to have predeceased
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14. 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
1st Amendment Free Speech
Attorney Work Product
Corporate Opportunity
1st Amendment Free Speech (Defamation
15. 1) Adverse/hostile; 2) Open and notorious; 3) Continous for 21 years; 4) Uninterrupted. Tacking of periods is permitted.
Latent Ambiguity
Prescriptive Easement
Latent Ambiguity
Supression of Evidence
16. 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
Retraint on Alienation
Marital Property
Deed (Delivery)
Joint Tenancy (Severance)
17. Restitution made is generally deductible in the year made.
Pat Down Search
Deductibility of Restitution
Supression of Evidence
Devise of Encumbered Property
18. Occurs when a person recklessly engages in conduct which places another person in danger of serious bodily injury.
Lay Opinion Testimony
Implied Warranty Construction Contract
Recklessly Endangering
Removal to Action to Federal Court
19. 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.
Criminal Trespass
Revocation of Acceptance
Attorney Work Product
Summary Jugment
20. Stock restrictions are enforceable as to transferees if noted on the stock certificate or known to the transferee.
Restrictions on Transferability of Stock
Deed (Delivery)
Board of Directors (Voting)
Receipt of Income
21. 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.
Fed Tax (Advancement)
Marital Property
Estates (Advancement)
Prescriptive Easement
22. One-sided - oppressive provisions are unconscionable. Court can refuse to enforce contract - enforce the clause - or limit the clause.
Estates (Slayer's Act)
Unconcionable Contract Provision (UCC)
Devise of Encumbered Property
Mutual Mistake
23. 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.
RPC (Competence)
Tenancy by the Entireties
Sharehold Derivative Suit
Contract Formation
24. Agreement to commit a criminal act accompanied by an overt act toward commission of the crime.
Criminal Conspiracy
Title VII- Retaliatory Discharge
Revocation of Acceptance
Mutual Mistake
25. 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
Recording Statute
Liability of Claims After Merger
Latent Ambiguity
26. 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
Accord and Satisfaction
Pat Down Search
Proper Service of Complaint
Restrictions on Transferability of Stock
27. 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
Liability of Claims After Merger
Applicability of Express Warranty
Unconcionable Contract Provision (UCC)
Anticipatory Repudiation
28. 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
Damages
Will Requirements
RPC (Prospective Client)
Mutual Mistake
29. Liabilities of the disappearing corporation flow to the surviving corporation.
Anticipatory Repudiation
Title VII- Retaliatory Discharge
Americans w/ Disabilites Act
Liability of Claims After Merger
30. 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
Procedural Due Process
4th Amendment Govt Employers
Destruction of Identified Goods
1st Amendment Free Speech
31. 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
Statute of Frauds
Deed (Delivery)
Protection From Abuse Order
32. 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'.
Incorporation by Reference
CP (New Matter/Answer)
Bona Fide Purchaser
Attorney-Client Communication
33. 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.
Equitable Division
Pat Down Search
Notice for Special Meeting
Standing
34. 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.
2nd Degree Murder
Procedural Due Process
Pretermitted Spouse
Burglary
35. 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
Retraint on Alienation
Revocation of Acceptance
Bona Fide Purchaser
RPC (Prospective Client)
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
Deed (Delivery)
1st Amendment Free Speech
Proper Service of Complaint
Bequests
37. Employer cannot take adverse action against employee in retaliation for employee engaging in protected activity under Title VII.
Marital Property
Title VII- Retaliatory Discharge
Buyer's duties (rejected goods)
CP (New Matter/Answer)
38. 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'
Mutual Mistake
Lawyer Advertising
Fair Reporting Privilege
Burglary
39. 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
RPC (Prospective Client)
Restrictive Covenant (Enforcement)
Conditional Devise
Kidnapping
40. Offense occurs when a person receives - retains and/or disposes of another's property - with knowledge that the property is stolen.
Present-sense Impression
Receiving Stolen Property
ADEA (shifting burdens)
Burglary
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
Latent Ambiguity
Contract Formation
Emancipation
Prescriptive Easement
42. 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.
Emancipation
Alimony
Landlord Duties
Tenancy by the Entireties
43. 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.
Will Requirements
Representing Multiple Parties
2nd Degree Murder
Retraint on Alienation
44. 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.
Latent Ambiguity
Specially Manufactured Goods (SOF)
Simple Assault
Duty to Minority Shareholders
45. 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
Devise of Encumbered Property
Representing Multiple Parties
Liability of Directors (improper distribution)
Emancipation
46. 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
Devise of Encumbered Property
RPC (Prospective Client)
Receipt of Income
47. Property obtained during the course of the marriage is marital property - subject to equitable division.
Implied Warranty Construction Contract
Marital Property
1st Amendment Free Association
4th Amendment Govt Employers
48. 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
1st Amendment Free Association
Jgmt on the Pleadings
Revocation of Acceptance
Accord and Satisfaction
49. Income from gambling constitutes gross taxable income - while losses may be deducted.
2nd Degree Murder
Terroristic Threats
Latent Ambiguity
Gambling Winnings and Losses
50. 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
Recording Statute
Negligence (Malpractice)
Usurpation of Corporate Opportunity (Remedies)
Unauthorized Practice of Law