Mixed Deck — All PA BAR Topics Flashcards

Under Pennsylvania law, the tort of intentional infliction of emotional distress requires conduct that is:

Answer: Extreme and outrageous, intentional or reckless, and causes severe emotional distress

Pennsylvania's IIED tort requires that the defendant's conduct was extreme and outrageous, intentional or reckless in causing distress, and that the plaintiff suffered severe emotional distress as a result.

Under Pennsylvania law, a criminal conspiracy requires an agreement between two or more persons to commit a crime plus:

Answer: An overt act in furtherance of the conspiracy by any conspirator

18 Pa. C.S. § 903 provides that a person is guilty of conspiracy if they agree with another to commit a crime and an overt act is performed in furtherance of the conspiracy.

In Pennsylvania legal practice, what is the importance of “precedent” in legal analysis?

Answer: It establishes binding legal principles that must be followed

Precedent, or stare decisis, is a cornerstone of the common law system in Pennsylvania. It mandates that courts follow legal principles established in prior decisions by higher courts in similar cases. This ensures consistency, predictability, and fairness in the application of the law, guiding future judicial rulings and providing stability to the legal system.

Under Pennsylvania law, a contract for the sale of real property must generally be evidenced by a writing to be enforceable under:

Answer: The Pennsylvania Statute of Frauds, 33 Pa. C.S. § 1

33 Pa. C.S. § 1 (Pennsylvania's Statute of Frauds) requires contracts for the sale of real property to be in writing and signed by the party to be charged.

Which of the following is a factor that Pennsylvania courts consider when determining alimony?

Answer: The standard of living established during the marriage

When determining alimony in Pennsylvania, courts consider a comprehensive list of factors, including the standard of living established during the marriage. This helps ensure that the dependent spouse can maintain a lifestyle reasonably comparable to what they enjoyed during the marriage, to the extent possible. Other factors include the parties' incomes, earning capacities, and the length of the marriage.

Under Pennsylvania's Marketable Title Act, a person who holds a chain of title for at least how many years has a marketable record title free of interests arising prior to that period?

Answer: 50 years

Pennsylvania's Marketable Record Title Act provides that a person with an unbroken chain of title for 50 years holds marketable record title, extinguishing prior interests not preserved by re-recording.

What Pennsylvania doctrine provides that a party who did not raise an issue in the trial court generally cannot raise it for the first time on appeal?

Answer: Issue preservation / waiver doctrine

Pennsylvania's issue preservation rule requires that claims be raised and preserved at the trial court level; failure to do so results in waiver on appeal.

A fixture in Pennsylvania is generally treated as real property. Under the UCC, a secured creditor's fixture filing prevails over the real property mortgagee if the fixture filing is recorded:

Answer: Before the goods become fixtures or within 20 days after the goods become fixtures

Under UCC Article 9, a purchase money security interest in fixtures perfected by a fixture filing before or within 20 days of the goods becoming fixtures has priority over a conflicting real property mortgage.

Under Pennsylvania zoning law, a property owner who wishes to use property in a manner inconsistent with current zoning regulations may seek which type of relief to depart from the literal terms of the zoning ordinance due to unique hardship?

Answer: Variance

A variance permits a property owner to deviate from zoning requirements where literal enforcement would cause unnecessary hardship due to the property's unique characteristics.

Pennsylvania's Dead Man's Act (42 Pa. C.S. § 5930) prohibits a surviving party from testifying about:

Answer: Transactions or communications with a deceased person in a suit against the deceased's estate or representative

Pennsylvania's Dead Man's Act bars a surviving party or person with a financial interest in the outcome from testifying about transactions or communications with a deceased or incompetent person when suit is brought against the decedent's estate.

Under Pennsylvania law, the insanity defense (18 Pa. C.S. § 315) provides a complete defense when:

Answer: The defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the wrongfulness of the conduct

Pennsylvania's insanity defense under § 315 requires that the defendant, as a result of mental disease or defect, lacked substantial capacity to appreciate the criminality (wrongfulness) of the conduct.

When writing a legal brief, what is the primary purpose of the “Statement of Facts” section?

Answer: To present a neutral and objective account of the relevant facts

The Statement of Facts section in a legal brief is crucial for providing the court with a clear and unbiased understanding of the case's background. Its primary purpose is to present a neutral and objective account of all relevant facts and circumstances. While strategically presented, it must avoid argumentation to maintain credibility and allow the court to grasp the factual basis before legal arguments are introduced.

Pennsylvania's 'compulsory counterclaim' rule requires a defendant to assert a counterclaim if it:

Answer: Arises out of the same transaction or occurrence as the plaintiff's claim

Under Pa. R.C.P. 1031, a counterclaim is compulsory if it arises out of the same transaction or occurrence as the opposing party's claim and does not require adding parties over whom the court lacks jurisdiction.

Pennsylvania's economic loss doctrine generally bars tort claims for:

Answer: Pure economic losses in the absence of physical injury or property damage

Pennsylvania's economic loss doctrine holds that a plaintiff cannot recover in tort for purely economic losses unaccompanied by physical injury or property damage when the losses are the subject of a contract.

Pennsylvania recognizes which type of damages in negligence actions to compensate for non-economic losses such as pain and suffering?

Answer: General (non-economic) damages

Pennsylvania allows recovery of general non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life in personal injury cases; Pennsylvania does not cap non-economic damages in most cases.

Under Pa. R.E. 609, a witness's prior conviction may be used for impeachment purposes if the crime:

Answer: Was punishable by death or imprisonment for more than one year, subject to a probative/prejudice balancing test

Rule 609 permits impeachment with prior convictions for crimes punishable by death or imprisonment exceeding one year, subject to Rule 403 balancing for non-defendant witnesses and additional protections for defendants.

In a Pennsylvania civil action, which party bears the burden of proof and by what standard?

Answer: The plaintiff, by a preponderance of the evidence

In most Pennsylvania civil actions the plaintiff bears the burden of proving each element of the claim by a preponderance of the evidence — more likely true than not.

Pennsylvania's attractive nuisance doctrine imposes a duty of reasonable care on landowners toward child trespassers when:

Answer: The landowner knows children are likely to trespass, the condition involves unreasonable risk of harm, and the child would not appreciate the danger

The attractive nuisance doctrine applies when the landowner knows or should know children likely trespass, a dangerous artificial condition exists, and the child's youth prevents appreciation of the risk, making the burden of precaution slight compared to the risk.

Pennsylvania courts apply the 'substantial performance' doctrine in construction contracts to allow recovery when:

Answer: The contractor has completed the essential purpose of the contract with only minor deviations

Under substantial performance, a contractor who has completed the essential purpose of the contract with only trivial deviations may recover the contract price minus the cost to remedy defects.

Under Pennsylvania law, what is the standard for granting a preliminary injunction?

Answer: Likelihood of success on the merits, immediate and irreparable harm, greater injury from refusal, and no adequate remedy at law

Pennsylvania courts apply a four-part test for preliminary injunctions: the moving party must show a likelihood of success on the merits, immediate and irreparable harm, that the injury from refusal outweighs the harm from granting relief, and that no adequate legal remedy exists.