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PA Bar: Pennsylvania-Specific Essay Subjects

PA Bar · Work through your exam, one topic at a time.

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Pennsylvania-Specific Essay Subjects

PA essays test Pennsylvania-specific rules in civil procedure, evidence, professional responsibility, family law, estates and trusts, and business organizations. Cite Pennsylvania statutes and rules, not federal analogs.

PA Civil Procedure

  • Pa.R.C.P. governs. Venue: county where defendant resides or cause of action arose. Service: sheriff or certified mail. Preliminary objections (Pa.R.C.P. 1028) replace 12(b)(6). Compulsory arbitration for smaller claims (Pa.R.C.P. 1301).

PA Evidence

  • PA Rules of Evidence largely track FRE but differ: spousal privilege in criminal cases (42 Pa.C.S. § 5913) and confidential marital communications. PA hearsay exceptions similar but check PA Rule 803.

PA Professional Responsibility

  • PA Rules of Professional Conduct based on ABA Model Rules; note PA variations on fees, advertising, and CLE.

PA Family Law

  • Divorce: no-fault (irretrievable breakdown) and fault grounds. Equitable distribution of marital property (not community property). Custody: best interests under 23 Pa.C.S. § 5328. Support guidelines.

PA Estates and Trusts

  • Wills: writing, signature, two witnesses (20 Pa.C.S. § 2502). Intestacy: spouse gets first $30,000 plus half of remaining if all children are spouse's; otherwise half (20 Pa.C.S. § 2102). PA Uniform Trust Code.

PA Business Organizations

  • Corporations: 15 Pa.C.S. Business Corporation Law. LLCs: 15 Pa.C.S. § 8811 et seq. Partnerships: PA Uniform Partnership Act. Fiduciary duties and dissolution.

Worked example

A PA resident dies intestate survived by a spouse and two children (all spouse's). Estate is $100,000. Under PA intestacy, spouse gets $30,000 plus half of $70,000 = $65,000; children share $35,000 = $17,500 each. A will signed by testator but only one witness is invalid in PA; two witnesses required.

Traps

  • Do not cite FRCP on PA civil procedure essays; use Pa.R.C.P.
  • PA is not a community property state; equitable distribution applies.
  • PA intestacy shares differ from UPC; know the $30,000 threshold and half shares.
  • PA professional responsibility: check PA variations from Model Rules.