PA Bar cheat sheet

Subject-matter jurisdiction: federal question under 28 U.S.C. § 1331 requires a federal issue on the face of a well-pleaded complaint; diversity under § 1332 requires complete diversity and an amount in controversy exceeding $75,000, exclusive of interest and costs.

Personal jurisdiction: general jurisdiction exists only where the defendant is 'at home' (state of incorporation and principal place of business for corporations; domicile for individuals); specific jurisdiction requires purposeful availment, claims arising out of or relating to those contacts, and fairness under the five fair-play factors.

Supplemental jurisdiction under § 1367 reaches claims sharing a common nucleus of operative fact with an anchor claim, but is unavailable when the anchor is a diversity claim and the joined claim is against a plaintiff under Rule 14, 19, 20, or 24.

Pleading under Twombly/Iqbal: a complaint must contain a short and plain statement of the claim showing entitlement to relief; conclusory allegations are disregarded and only well-pleaded factual allegations are taken as true.

Removal under § 1441: defendant files notice within 30 days of service of the initial pleading; no removal on diversity grounds more than one year after commencement; in-state defendant rule bars removal on diversity; § 1446(b)(3) triggers a new 30-day window on an amended pleading.

Summary judgment under Rule 56: granted only when no genuine dispute of material fact exists and the movant is entitled to judgment as a matter of law; movant must cite record materials, and the nonmovant must identify specific facts showing a trialworthy issue.

A final judgment on the merits bars a second action on the same claim (claim preclusion) when the same parties or privies litigate the same transaction or occurrence; issue preclusion requires the issue was actually litigated, determined, and necessary to the judgment.

Erie doctrine: state substantive law governs in diversity (including elements, statutes of limitations, and burdens of proof), federal procedural rules govern under the Rules Enabling Act unless they abridge substantive rights; Hanna applies the rule if valid and directly on point.

Standing requires injury in fact (concrete and particularized, actual or imminent), causation traceable to the defendant, and redressability; third-party standing requires a close relationship plus a hindrance to the rightholder's own suit.

State action doctrine: the Fourteenth Amendment reaches private conduct only with significant state entanglement, public function, or joint action; the Thirteenth Amendment's ban on badges of slavery has been applied directly to private refusals to deal in some contexts.

Strict scrutiny (compelling interest, narrow tailoring) applies to fundamental rights and suspect classifications (race, national origin, alienage in most state contexts); intermediate scrutiny (important interest, substantially related) applies to sex and illegitimacy; rational basis applies to age, wealth, and disability.

Commerce Clause: Congress may regulate channels and instrumentalities of interstate commerce, persons or things in interstate commerce, and intrastate activity with a substantial effect on interstate commerce; post-Lopez, noneconomic intrastate activity requires a jurisdictional hook.

Dormant Commerce Clause: discriminatory state laws face strict scrutiny and must serve a legitimate local purpose that cannot be served by reasonable nondiscriminatory alternatives; nondiscriminatory laws are upheld unless burdens clearly exceed local benefits.

Speech: content-based regulations get strict scrutiny; content-neutral time, place, and manner rules must be narrowly tailored to a significant government interest and leave open ample alternative channels; incitement requires intent, imminence, and likelihood under Brandenburg.

Due process: procedural due process uses the Mathews v. Eldridge balancing of private interest, risk of erroneous deprivation, and government interest; substantive due process protects fundamental rights (privacy, marriage, family integrity) under strict scrutiny.

Preemption: express preemption by statutory text; field preemption where the scheme is so pervasive that no room remains for state law; conflict preemption where compliance with both is impossible or state law obstructs federal purpose.

Common law contract formation requires mutual assent (offer and acceptance), consideration, and no valid defense; UCC Article 2 applies to transactions in goods and relaxes the mirror-image rule under § 2-207.

UCC § 2-207: a definite and seasonable expression of acceptance operates as an acceptance even with additional or different terms; between merchants, additional terms become part of the contract unless they materially alter it, are objected to, or the offer expressly limits acceptance.

Statute of Frauds categories: marriage, year (cannot be performed within one year), land, executor's promise to pay estate debts personally, surety, and UCC sale of goods of $500 or more; UCC exceptions include specially manufactured goods, admission in pleadings, and part payment/acceptance.

Parol evidence rule bars prior or contemporaneous oral statements that contradict a fully integrated writing; a partially integrated writing allows consistent additional terms; evidence of fraud, mistake, condition precedent, or ambiguity remains admissible.

Material breach excuses the nonbreaching party's remaining duties; minor breach permits damages but not suspension; anticipatory repudiation requires a clear and unequivocal refusal to perform before the time set.

Expectation damages place the nonbreaching party in the position performance would have produced; reliance and restitution are alternatives; UCC § 2-712 cover damages and § 2-713 market-price damages are standard for buyers and sellers.

Consequential damages require foreseeability at the time of contracting (Hadley v. Baxendale); liquidated damages are enforceable when damages are difficult to estimate and the amount is a reasonable forecast, otherwise they are an unenforceable penalty.

Impracticability requires an unforeseen event making performance commercially impracticable without fault; frustration of purpose requires the principal purpose be substantially frustrated; both require the nonoccurrence of the event be a basic assumption.

Common law murder is unlawful killing with malice aforethought, shown by intent to kill, intent to inflict serious bodily harm, reckless indifference to an unjustifiably high risk to human life, or felony murder; first-degree murder requires premeditation or felony murder in enumerated felonies.

Voluntary manslaughter requires adequate provocation (heat of passion) measured by the reasonable person standard and no cooling period; involuntary manslaughter is reckless or grossly negligent killing or misdemeanor manslaughter.

Accomplice liability attaches when a person aids, abets, or encourages with the intent to facilitate the crime; the accomplice is liable for the target crime and reasonably foreseeable crimes, but withdrawal requires repudiation or timely communication.

Attempt requires specific intent to commit the target crime plus a substantial step beyond mere preparation; factual impossibility is no defense, legal impossibility is; abandonment is not a defense to attempt once the substantial step occurs.

Fourth Amendment: a search occurs when the government intrudes on a reasonable expectation of privacy; warrantless searches are per se unreasonable subject to exceptions including consent, search incident to arrest, automobile, plain view, exigency, and inventory.

Terry stop requires reasonable suspicion of criminal activity based on articulable facts; a frisk requires reasonable suspicion the suspect is armed and dangerous; probable cause is required for a full arrest or a warrant.

Fifth Amendment: custodial interrogation requires Miranda warnings; the suspect must unambiguously invoke the right to remain silent or counsel, and Edwards bars reinterrogation after counsel is invoked unless counsel is present or the suspect initiates.

Sixth Amendment: the right to counsel attaches at the initiation of adversary judicial proceedings; the Massiah doctrine bars deliberate elicitation after attachment; ineffective assistance requires deficient performance plus prejudice under Strickland.

Relevance requires a tendency to make a fact of consequence more or less probable; Rule 403 permits exclusion when probative value is substantially outweighed by unfair prejudice, confusion, delay, or cumulative evidence.

Character evidence is inadmissible to prove conduct in a civil case or in the prosecution's case-in-chief, but the accused may open the door to reputation or opinion testimony on pertinent traits; specific instances are permitted on cross-examination under Rule 405.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted; nonhearsay uses include effect on the listener, impeachment, verbal acts, and prior consistent or inconsistent statements under Rule 801(d).

Firmly rooted hearsay exceptions include present sense impression, excited utterance, then-existing mental, emotional, or physical condition, statements for medical diagnosis or treatment, recorded recollection, and business records.

Confrontation Clause (Crawford): testimonial statements by unavailable declarants are inadmissible unless the defendant had a prior opportunity to cross-examine; nontestimonial statements are governed by the reliability standard.

Best evidence rule requires the original writing, recording, or photograph to prove its content; secondary evidence is admissible when the original is lost, destroyed, or unavailable absent bad faith.

Privileges: attorney-client protects confidential communications for legal advice and survives the client's death; physician-patient and psychotherapist privileges vary by jurisdiction; spousal privilege includes confidential marital communications and, in criminal cases, the testimony privilege.

Burden of proof: in civil cases the plaintiff bears the burden of production and persuasion by a preponderance of the evidence; in criminal cases the prosecution must prove every element beyond a reasonable doubt under In re Winship.

Estates: fee simple absolute is absolute ownership; fee tail is largely abolished; life estate ends at the measuring life's death; fee simple determinable ends automatically on the stated event and reverts to the grantor; fee simple subject to condition subsequent requires the grantor to exercise a right of entry.

Concurrent estates: joint tenancy requires the four unities of time, title, interest, and possession and includes a right of survivorship; tenancy in common has no survivorship; tenancy by the entirety requires a valid marriage and is severed only by divorce or mutual agreement.

Landlord-tenant: the implied warranty of habitability requires the premises be fit for residential use; a tenant may withhold rent, repair and deduct, or terminate; retaliatory eviction is prohibited; the covenant of quiet enjoyment is breached by actual or constructive eviction.

Easements: express easements require a writing; implied easements arise from prior use; prescriptive easements require actual, open, notorious, continuous, hostile use for the statutory period; easements in gross lack a dominant estate.

Recording acts: race statutes protect the first to record; notice statutes protect a subsequent purchaser without notice; race-notice statutes protect a subsequent purchaser without notice who records first; a wild deed is outside the chain of title and does not give constructive notice.

Adverse possession requires actual, open and notorious, exclusive, continuous, and hostile possession for the statutory period; tacking is permitted only with privity; color of title may shorten the period in some states.

Mortgages: a deed of trust conveys title to a trustee with a power of sale; a mortgage gives a lien; judicial foreclosure is required in some states; a purchase-money mortgage generally has priority over prior liens against the purchaser.

Zoning: nonconforming uses may continue but cannot be expanded; variances require unnecessary hardship (area variance) or undue hardship plus no harm to public welfare (use variance); amortization of nonconforming uses is generally permitted only for limited periods.

Negligence elements: duty, breach, actual cause, proximate cause, and damages; the standard of care is the reasonable person, with special standards for children (reasonable child of like age, intelligence, and experience), professionals (customary practice), and landowners.

Premises liability: trespassers owe a duty only against willful or wanton harm; licensees owe a duty to warn of known concealed dangers; invitees owe a duty to inspect and make safe; the modern approach applies reasonable care to all entrants.

Strict liability applies to abnormally dangerous activities, wild animals, and defective products; product liability theories include manufacturing defect, design defect (consumer expectations or risk-utility), and failure to warn.

Intentional torts: battery requires harmful or offensive contact with intent; assault requires apprehension of imminent harmful or offensive contact; false imprisonment requires confinement within boundaries without consent or legal authority.

Defamation: publication of a defamatory statement of fact concerning the plaintiff that harms reputation; public officials and public figures must prove actual malice (knowledge of falsity or reckless disregard) under New York Times v. Sullivan.

Invasion of privacy torts: appropriation of name or likeness, intrusion upon seclusion, public disclosure of private facts, and false light; truth is a defense to defamation, and absolute privilege covers legislative, judicial, and executive proceedings.

Comparative negligence: pure comparative reduces recovery by the plaintiff's percentage; modified comparative bars recovery at 50% or 51% depending on the jurisdiction; contributory negligence bars recovery entirely in a few states.

Damages: compensatory damages cover past and future medical expenses, lost earnings, and pain and suffering; punitive damages require gross negligence or intentional conduct and are limited by due process proportionality under State Farm v. Campbell.

PA Civil Procedure: compulsory counterclaims must be pleaded in the answer under Pa.R.C.P. 1031; a party may join additional defendants by praecipe within 60 days after service of the initial pleading under Pa.R.C.P. 2252; venue is proper in the county where the cause of action arose or where the defendant resides.

PA Evidence: Pennsylvania retains the Dead Man's Rule, barring an interested survivor from testifying about transactions with a decedent in litigation against the estate; the rule may be waived by the estate's introduction of the survivor's statements.

PA Professional Responsibility: Pennsylvania Rules of Professional Conduct govern; a lawyer must hold client funds in a trust account (IOLTA) and may not commingle; a contingent fee in a domestic relations matter is prohibited; a lawyer may not reveal confidential information except as permitted or required by the Rules.

PA Family Law: Pennsylvania uses equitable distribution of marital property; the Divorce Code lists thirteen factors including length of marriage, age and health, and contributions as homemaker; alimony pendente lite and counsel fees are available; child support follows the statewide guideline formula.

PA Estates and Trusts: the intestate share of a surviving spouse is the first $30,000 plus one-half of the balance if the decedent leaves issue, and the entire estate if no issue or parents survive; an elective share protects the surviving spouse against disinheritance.

PA Business Organizations: Pennsylvania recognizes corporations, general partnerships, limited partnerships, and LLCs; the Pennsylvania Uniform Limited Liability Company Act governs formation and dissociation; the board manages the corporation unless the certificate provides otherwise.

PA Torts: the Pennsylvania Comparative Negligence Act applies modified comparative negligence, barring recovery when the plaintiff's negligence is greater than the defendant's; joint and several liability is retained for intentional torts and certain statutory claims.

PA Contracts: the Statute of Frauds under the Pennsylvania UCC § 2-201 requires a writing for the sale of goods over $500; the parol evidence rule and the Uniform Commercial Code as adopted in Pennsylvania govern commercial transactions.

PA Civil Procedure: a complaint must contain a short and plain statement of the claim and a demand for judgment; preliminary objections replace the demurrer and challenge legal sufficiency, jurisdiction, venue, or joinder.

PA Evidence: Pennsylvania follows the common law rule that a witness may be impeached by prior inconsistent statements only if the witness is given an opportunity to explain; prior consistent statements are admissible to rebut a charge of recent fabrication.

PA Professional Responsibility: a lawyer must provide competent representation, abide by the client's decisions about the objectives of representation, and consult with the client about the means; a lawyer may withdraw only with leave of court when the case is pending.

PA Family Law: the Divorce Code permits no-fault divorce on the ground of irretrievable breakdown; a mutual consent divorce requires both parties' affidavits after a 90-day separation period; equitable distribution may include the marital home, pensions, and business interests.

PA Estates and Trusts: a will must be in writing, signed by the testator at the end, and attested by two witnesses; a holographic will is not recognized in Pennsylvania; a nuncupative will is valid only for personal property under limited circumstances.

PA Business Organizations: a Pennsylvania corporation must file articles of incorporation with the Department of State; the board of directors owes fiduciary duties of care and loyalty; shareholders may bring derivative actions after making demand on the board.

PA Torts: the Pennsylvania Superior Court has held that a landowner owes a duty of reasonable care to an invitee to inspect and discover latent defects; the open and obvious danger rule may bar recovery.

PA Contracts: the Pennsylvania parol evidence rule permits evidence of a separate oral agreement if it is collateral, does not contradict the writing, and would naturally be made as a separate agreement.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure govern procedure in courts of common pleas; the Pennsylvania Supreme Court has exclusive rulemaking authority under Article V, Section 10 of the Pennsylvania Constitution.

PA Evidence: Pennsylvania recognizes the spousal privilege for confidential communications during marriage and the adverse spousal testimony privilege in criminal cases; the privileges may be waived by voluntary disclosure.

PA Professional Responsibility: a lawyer may not solicit clients through direct in-person or telephone contact for pecuniary gain; advertising must not be false or misleading; a lawyer must report misconduct of another lawyer that raises a substantial question as to honesty, trustworthiness, or fitness.

PA Family Law: a prenuptial agreement is enforceable in Pennsylvania if it is in writing, signed, and made after full and fair disclosure of assets; the court may set aside an agreement for fraud, duress, or unconscionability.

PA Estates and Trusts: the personal representative must file an inventory and appraisement within 90 days of appointment; a family exemption is available to the surviving spouse and children; the inheritance tax applies to transfers at death.

PA Business Organizations: a Pennsylvania LLC may be member-managed or manager-managed; a member's dissociation does not necessarily dissolve the LLC; the operating agreement governs internal affairs.

PA Torts: the Pennsylvania Supreme Court has adopted the Restatement (Second) of Torts § 402A for strict products liability; a seller is liable for a defective product that is unreasonably dangerous to the user or consumer.

PA Contracts: the Pennsylvania Uniform Commercial Code applies to transactions in goods; the implied warranty of merchantability requires the goods be fit for the ordinary purposes for which such goods are used; the implied warranty of fitness for a particular purpose arises when the seller knows the buyer's particular purpose.

PA Civil Procedure: discovery is governed by the Pennsylvania Rules of Civil Procedure; a party may serve interrogatories, requests for production, and requests for admission; a party may seek a protective order to prevent annoyance, embarrassment, oppression, or undue burden.

PA Evidence: Pennsylvania requires the production of the best evidence of a writing's contents; secondary evidence is admissible when the original is shown to be lost or destroyed without the proponent's fault.

PA Professional Responsibility: a lawyer must keep client confidences and may reveal information to prevent reasonably certain death or substantial bodily harm; a lawyer may not represent a client if the representation is directly adverse to another client without consent.

PA Family Law: the Divorce Code permits the court to award alimony, alimony pendente lite, counsel fees, and costs; the court considers the duration of the marriage, the standard of living, and the earning capacities of the parties.

PA Estates and Trusts: a trust must have a definite beneficiary unless it is a charitable trust; the trustee owes duties of loyalty, prudence, and impartiality; the trustee must keep trust property separate from the trustee's own property.

PA Business Organizations: a Pennsylvania partnership is a for-profit unincorporated association of two or more persons; a general partner is personally liable for partnership obligations; a limited partner is liable only to the extent of the capital contributed.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for negligent infliction of emotional distress when the plaintiff is in the zone of danger and suffers physical manifestations of the distress.

PA Contracts: the Pennsylvania Statute of Frauds requires a writing for a contract that cannot be performed within one year of its making; the writing must be signed by the party to be charged and state the essential terms.

PA Civil Procedure: a default judgment may be entered when the defendant fails to plead within 20 days after service of the complaint; the defendant may petition to open or strike the default judgment.

PA Evidence: Pennsylvania permits impeachment by evidence of a prior conviction for a crime involving dishonesty or false statement; the court has discretion to exclude a conviction if its probative value is outweighed by unfair prejudice.

PA Professional Responsibility: a lawyer may not communicate with a represented party about the subject of the representation without the consent of that party's lawyer; a lawyer must not knowingly make a false statement of material fact to a tribunal.

PA Family Law: Pennsylvania law requires a 90-day waiting period after the filing of a divorce complaint before a decree may be entered on the ground of irretrievable breakdown.

PA Estates and Trusts: the Pennsylvania inheritance tax rate is 0% for a surviving spouse, 4.5% for lineal heirs, 12% for siblings, and 15% for other beneficiaries.

PA Business Organizations: a Pennsylvania corporation may be formed by one or more incorporators; the articles must state the name, registered office, and purpose; the corporation has perpetual duration unless the articles provide otherwise.

PA Torts: the Pennsylvania Supreme Court has held that a defendant may be liable for negligent entrustment when the defendant entrusts a dangerous instrumentality to a person the defendant knows or should know is likely to use it in a manner involving unreasonable risk of harm.

PA Contracts: the Pennsylvania parol evidence rule does not bar evidence of a condition precedent to the effectiveness of a written agreement; the party asserting the condition must prove it by clear and convincing evidence.

PA Civil Procedure: the Pennsylvania Supreme Court has held that a trial court may grant a new trial when the verdict is against the weight of the evidence; the court must find the verdict is so contrary to the evidence as to shock the conscience.

PA Evidence: Pennsylvania recognizes the business records exception to the hearsay rule when the record is made in the regular course of business and the custodian testifies to the record's creation.

PA Professional Responsibility: a lawyer must hold property of clients in trust and must notify the client of receipt of funds; a lawyer may not deposit personal funds in a trust account except to pay bank charges.

PA Family Law: the Divorce Code permits the court to award sole or shared legal and physical custody of children; the best interests of the child standard governs custody determinations.

PA Estates and Trusts: a will may be revoked by a subsequent will, by a physical act with intent to revoke, or by operation of law; a lost will may be admitted to probate if its contents are proved by a copy or by testimony.

PA Business Organizations: a Pennsylvania corporation must hold an annual meeting of shareholders; a special meeting may be called by the board or by the holders of at least 10% of the shares entitled to vote.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for loss of consortium when the plaintiff's spouse is injured by the defendant's negligence; the claim is derivative of the spouse's claim.

PA Contracts: the Pennsylvania UCC permits a buyer to reject goods that fail in any respect to conform to the contract; the buyer must give seasonable notice of rejection and must hold the goods with reasonable care for a reasonable time.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to amend a pleading once as of course within 20 days after service of the pleading, or later with the consent of the adverse party or leave of court.

PA Evidence: Pennsylvania permits a party to impeach a witness by evidence of bias, interest, or motive; the court must permit cross-examination on these matters.

PA Professional Responsibility: a lawyer may not accept compensation from one other than the client unless the client consents after disclosure; a lawyer must not acquire a proprietary interest in the cause of action.

PA Family Law: the Divorce Code permits the court to award possession of the marital residence to the party having custody of the children; the court may order the sale of the residence.

PA Estates and Trusts: the personal representative must file an account with the court within one year of appointment; the account must show all receipts and disbursements of the estate.

PA Business Organizations: a Pennsylvania corporation may merge with another corporation upon approval of the board and the shareholders; the surviving corporation succeeds to the rights and obligations of the merged corporation.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for negligent misrepresentation when the defendant makes a false statement of material fact with intent to induce reliance and the plaintiff justifiably relies on it.

PA Contracts: the Pennsylvania UCC permits a seller to cure a nonconforming delivery within the contract time; the seller must give seasonable notice of the intention to cure.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

PA Evidence: Pennsylvania permits the admission of a dying declaration in a homicide case when the declarant believed death was imminent and the statement concerns the cause of death.

PA Professional Responsibility: a lawyer must not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation; a lawyer must not engage in conduct that is prejudicial to the administration of justice.

PA Family Law: the Divorce Code permits the court to award child support based on the income shares model; the court may deviate from the guidelines when the application would be unjust or inappropriate.

PA Estates and Trusts: a trust may be created by will, by deed, or by declaration; the settlor must have capacity and intent to create a trust, and the trust must have a lawful purpose.

PA Business Organizations: a Pennsylvania corporation may be dissolved voluntarily by the board and the shareholders; the corporation must wind up its affairs and distribute its assets to creditors and shareholders.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for trespass when the defendant intentionally enters the plaintiff's land without consent; the plaintiff may recover nominal damages without proof of actual harm.

PA Contracts: the Pennsylvania UCC permits a buyer to recover incidental and consequential damages resulting from the seller's breach; the buyer must mitigate damages.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a preliminary injunction when the party shows a clear right to relief, irreparable harm, and a likelihood of success on the merits.

PA Evidence: Pennsylvania permits the admission of a statement against interest when the declarant is unavailable and the statement is against the declarant's pecuniary or proprietary interest.

PA Professional Responsibility: a lawyer must not represent a client when the lawyer has a personal interest that conflicts with the client's interest; the lawyer must disclose the conflict and obtain the client's consent.

PA Family Law: the Divorce Code permits the court to award alimony for a reasonable period of time; the court may award permanent alimony when the parties have been married for a long time and one party lacks earning capacity.

PA Estates and Trusts: the personal representative must give notice to creditors; a creditor must present a claim within one year of the decedent's death or be barred.

PA Business Organizations: a Pennsylvania corporation must maintain a registered office and a registered agent in the Commonwealth; the agent may be an individual or a corporation.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for conversion when the defendant intentionally exercises dominion over the plaintiff's personal property; the plaintiff may recover the full value of the property.

PA Contracts: the Pennsylvania UCC permits a seller to recover the price of goods accepted by the buyer or goods lost or damaged after the risk of loss has passed to the buyer.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a declaratory judgment when the party has an interest in a legal relation and the relief will terminate the controversy.

PA Evidence: Pennsylvania permits the admission of a public record when the record is made by a public officer in the performance of a duty and the record sets forth the officer's own observations.

PA Professional Responsibility: a lawyer must not communicate with a juror after the trial about the case; a lawyer must not communicate with a juror before the trial about the case.

PA Family Law: the Divorce Code permits the court to award counsel fees and costs to a party in a divorce action; the court considers the parties' financial resources and the reasonableness of the fees.

PA Estates and Trusts: a will may be contested on grounds of lack of testamentary capacity, undue influence, fraud, duress, or mistake; the contestant bears the burden of proof.

PA Business Organizations: a Pennsylvania corporation may issue shares in exchange for cash, property, or services; the board determines the consideration and the shares are fully paid and nonassessable.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for assault when the defendant intentionally causes the plaintiff to apprehend an imminent harmful or offensive contact; the plaintiff need not prove actual contact.

PA Contracts: the Pennsylvania UCC permits a buyer to recover the difference between the cost of cover and the contract price; the buyer must cover in good faith and without unreasonable delay.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a writ of execution to enforce a judgment; the sheriff may levy on the defendant's property and sell it at a sheriff's sale.

PA Evidence: Pennsylvania permits the admission of a learned treatise when the treatise is established as reliable authority and an expert relies on it; the treatise may be read into evidence but not received as an exhibit.

PA Professional Responsibility: a lawyer must not engage in ex parte communication with a judge about the merits of a pending case; a lawyer may communicate with the judge about scheduling matters.

PA Family Law: the Divorce Code permits the court to award shared legal custody when both parents are fit and the arrangement serves the best interests of the child.

PA Estates and Trusts: a trust may be terminated by the settlor with the consent of the trustee and the beneficiaries; the court may terminate a trust when its purpose has been accomplished.

PA Business Organizations: a Pennsylvania corporation may indemnify a director or officer for expenses incurred in a legal proceeding when the director acted in good faith and in a manner reasonably believed to be in the best interests of the corporation.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for battery when the defendant intentionally causes harmful or offensive contact with the plaintiff; the plaintiff need not prove actual harm.

PA Contracts: the Pennsylvania UCC permits a seller to recover damages for the buyer's breach measured by the difference between the contract price and the market price at the time and place of tender.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a judgment notwithstanding the verdict when the evidence is insufficient to support the verdict as a matter of law.

PA Evidence: Pennsylvania permits the admission of a prior consistent statement when the witness's testimony has been attacked as a recent fabrication; the statement must have been made before the motive to fabricate arose.

PA Professional Responsibility: a lawyer must not engage in conduct that is prejudicial to the administration of justice; a lawyer must not engage in conduct that is discriminatory on the basis of race, sex, religion, or national origin.

PA Family Law: the Divorce Code permits the court to award primary physical custody to one parent when the other parent's living arrangements are unstable; the best interests of the child standard governs.

PA Estates and Trusts: a trust may be modified by the court when the modification is necessary to serve the settlor's purpose and the modification is not inconsistent with the trust's terms.

PA Business Organizations: a Pennsylvania corporation must file annual reports with the Department of State; the report must state the corporation's name, registered office, and principal place of business.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for false imprisonment when the defendant intentionally confines the plaintiff within boundaries without consent or legal authority; the plaintiff need not prove actual harm.

PA Contracts: the Pennsylvania UCC permits a buyer to recover damages for the seller's breach measured by the difference between the value of the goods accepted and the value they would have had if they had been as warranted.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a new trial when the verdict is against the weight of the evidence; the court must find the verdict is so contrary to the evidence as to shock the conscience.

PA Evidence: Pennsylvania permits the admission of a statement of personal or family history when the declarant is unavailable and the statement concerns the declarant's own family history.

PA Professional Responsibility: a lawyer must not engage in conduct that is prejudicial to the administration of justice; a lawyer must not engage in conduct that is discriminatory on the basis of race, sex, religion, or national origin.

PA Family Law: the Divorce Code permits the court to award alimony for a reasonable period of time; the court may award permanent alimony when the parties have been married for a long time and one party lacks earning capacity.

PA Estates and Trusts: the personal representative must give notice to creditors; a creditor must present a claim within one year of the decedent's death or be barred.

PA Business Organizations: a Pennsylvania corporation must maintain a registered office and a registered agent in the Commonwealth; the agent may be an individual or a corporation.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for conversion when the defendant intentionally exercises dominion over the plaintiff's personal property; the plaintiff may recover the full value of the property.

PA Contracts: the Pennsylvania UCC permits a seller to recover the price of goods accepted by the buyer or goods lost or damaged after the risk of loss has passed to the buyer.

PA Civil Procedure: the Pennsylvania Rules of Civil Procedure permit a party to seek a declaratory judgment when the party has an interest in a legal relation and the relief will terminate the controversy.

PA Evidence: Pennsylvania permits the admission of a public record when the record is made by a public officer in the performance of a duty and the record sets forth the officer's own observations.

PA Professional Responsibility: a lawyer must not communicate with a juror after the trial about the case; a lawyer must not communicate with a juror before the trial about the case.

PA Family Law: the Divorce Code permits the court to award counsel fees and costs to a party in a divorce action; the court considers the parties' financial resources and the reasonableness of the fees.

PA Estates and Trusts: a will may be contested on grounds of lack of testamentary capacity, undue influence, fraud, duress, or mistake; the contestant bears the burden of proof.

PA Business Organizations: a Pennsylvania corporation may issue shares in exchange for cash, property, or services; the board determines the consideration and the shares are fully paid and nonassessable.

PA Torts: the Pennsylvania Supreme Court has held that a plaintiff may recover for assault when the defendant intentionally causes the plaintiff to apprehend an imminent harmful or offensive contact; the plaintiff need not prove actual contact.