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NYLE FLASHCARDS 2.0 QUESTIONS AND
ANSWERS.
Before an agency adopts a new rule, a public hearing: - Correct answer May be required if there is a statute that specifically requires that a hearing be held. When appearing before an administrative agency, a party: - Correct answer May be represented by someone who is not an attorney (may be pro se). If an agency's implementing statue is silent regarding whether an adjudicatory hearing is required before a licensing decision is made: - Correct answer Due process may require a hearing be held, if there is a property right at stake. A motion to quash a subpoena issued by an administrative law judge should be made, in the first instance to: - Correct answer The administrative law judge that issued the subpoena. An executive session may be conducted by a public body: - Correct answer Following a majority vote of the pubic body taken in a public session identifying the topics to be discussed. Which one is required for general partnership? - Correct answer 2 or more persons defined as an individual or legal entity. What is the consequence of organizing a registered limited liability partnership (RLLP): - Correct answer Each member of the partnership is personally liable for any negligent or wrongful act committed by him or by a person under his direct supervision in rendering professional services on behalf of the RLLP. Which one of the following statements regarding business corporations is false? - Correct answer Offers appointed by shareholders to manage on a day to day basis. In order to preserve their appraisal rights, shareholders who oppose an amendment to the certificate of incorporation that limits their voting rights
must: - Correct answer Give written objection to the corporation before the vote is taken. An officer elected by the board of directors of a business corporation may be removed by vote of the: - Correct answer Board of directors for cause or without cause. A lawyer who is a member of a law firm organized as a professional service limited liability company is personally liable for professional malpractice committed by: - Correct answer The lawyer herself and any persons in the firm under her direct supervision and control. In order for a director who is absent from a vote taken by a board of directors to dissent from the action, the absent direction: - Correct answer Must cause his dissent to be filed with the meant minutes within a reasonable time after learning of the action. Is service of process by email permitted in a civil action commenced in NY State courts? - Correct answer Yes, but only where a court has issued order permitting service of process by email. Unless the court sets a specific date, the expiration of the time period for which a party may file a motion for summary judgement is measured from the date: - Correct answer The note of issue was filed. If a non-resident commences an action against a D who has a condo in NY county, but travels to Columbia County to their farmhouse every weekend, the D's residence for the purpose of venue would be: - Correct answer Either Columbia County or NY County. The proper venue in an action against a municipality is: - Correct answer The county in which the municipality is located. A three-year statue of limitations applies to all the follow except: OPTIONS: A) Property damage B) Legal malpractice C) Medical malpractice D) Personal injury - Correct answer ANSWER C) Medical malpractice
The time to perfect an appeal to the Appellate Division runs from the date the notice of appeal was filed and is: - Correct answer Six months, but a dismissal for failure to timely perfect may be vacated. A New York court applying a conflict of law analysis in an action brought in New York by a New York resident against a nonresident must first determine: - Correct answer Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute. State X law imposes tort liability on an actor for particular conduct. New York does not regulate the conduct at issue. In an action in New York between New York residents to recover damages for injuries sustained in an accident in State X, which injuries were caused by the defendant having engaged in the particular activity, the law of which State will apply in determining liability? - Correct answer State X, because the State in which the accident took place is conduct-regulating. If conflict commenced in NY between New Yorkers for an accident that happened in State X, apply the law of: - Correct answer NY law because law is loss allocating and the residents are both from NY. In an action in New York for breach of an employment contract, a New York court will always apply the law of: - Correct answer The jurisdiction with the most significant contacts with the matter in dispute. A testator executed her will in New York while domiciled here. If the testator subsequently dies in State X while domiciled there, owning real property in New York and personal property in State X, the law of which state will determine the disposition of the testator's estate? - Correct answer New York as to the testator's real property and State X as to the testator's personal property. May an infant, whose parent signed a contract permitting the use of the infant's photographs for publicity purposes, disaffirm the contract once she reaches the age of 18? - Correct answer No, because the contract signed by the parent was permissible under New York Civil Rights Law and could not be disaffirmed by the infant.
Pursuant to the Statute of Frauds, all of the following must be writing to be enforceable except: OPTIONS A) A promise to answer for the debt default or miscarriage of another person. B) A promise to pay a debt that was discharged in bankruptcy. C) A contract relating to the division of assets between a husband and wife. D) A contract for snow removal the term of which is six months and which is effective immediately. - Correct answer ANSWER D) A contract for snow removal the term of which is six months and which is effective immediately. A husband and wife, both of whom turned 18 last month, entered into a contract to borrow money from a bank to purchase a home when they were
- May they disaffirm the contract now that they have turned 18? - Correct answer No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home. A litigant who wishes to avoid contractual obligations based on unconscionability must show: - Correct answer Both substantive and procedural unconscionability. Does an attorney who is hired at-will at a law firm but who was subsequently fired for objecting to unethical conduct have a viable cause of action for wrongful termination against the law firm? - Correct answer Yes, because there is an implied duty of good faith on the part of the law firm that limits the law firm's right to terminate the employment of an attorney for objecting to allegedly unethical conduct. In a breach of contract action, extrinsic evidence is admissible: - Correct answer To explain the meaning of an agreement only if the court determines that the agreement is ambiguous on its face. Which one of the following statements is not true regarding a constructive trust? OPTIONS A) It is an equitable remedy for purpose of preventing unjust enrichment. B) It generally requires a promise to hold property in trust for another. C) It generally requires a wrongful act.
OPTIONS
A) Driving a boat while under the influence of drugs. B) Driving a snowmobile while intoxicated. C) Driving an all-terrain vehicle while texting. D) Driving a motor vehicle while talking on a cell phone. - Correct answer ANSWER D) Driving a motor vehicle while talking on a cell phone. The crime of gang assault under the New York Penal law requires: - Correct answer Physical injury or serious physical injury to another person. A defendant entered a store to rob it carrying a loaded gun. He shot the gun into the air hoping to scare the cashier, but the bullet struck a light fixture causing it to fall on the cashier's head, killing him. The defendant is guilty of: OPTIONS A) Manslaughter B) Criminally negligent homicide C) Felony murder D) Depraved indifference murder - Correct answer ANSWER C) Felony murder Whether a person has acted under extreme emotional disturbance for which there is a reasonable explanation is determined from the viewpoint of: - Correct answer A person in the defendant's situation, under the circumstances as the defendant believed them to be. Which of the following statements regarding sexual offenses in New York is false? OPTIONS A) Forcible compulsion includes intentionally, by a threat, placing a person in fear of physical injury. B) New York recognizes marital rape. C) Conviction may not be based solely on the testimony of the victim. D) Intoxication is not a defense. - Correct answer ANSWER C) Conviction may not be based solely on the testimony of the victim.
The lack of consent by the alleged victim of a sex crime may be based on any of the following circumstances, except the victim being: - Correct answer 17 years old If an officer on patrol uses his car lights and his siren to block the path of a suspect's vehicle, does it constitute an unlawful seizure? - Correct answer Yes, under NY seizure, not under Federal seizure. Under New York Law, if an officer on patrol uses his car lights and his siren to block the path of a suspect's vehicle, does it constitute an unlawful seizure? - Correct answer Yes, if a reasonable person would have believed the officer's conduct was a significant limitation on his freedom. A pre-trial hearing held for the purpose of determining whether a witness's identification is correct and the police procedures that were used were not unduly suggestive is known as a: OPTIONS A) Wade hearing B) Sandoval Hearing C) Huntley hearing D) Mapp hearing - Correct answer ANSWER A) Wade hearing All following types of identifications, if not unduly suggestive, are admissible as evidence in a criminal trial except: - Correct answer A photo array where the police know the identify of the suspect. A pre-trial hearing held for the purpose of reviewing the manner in which police obtained statements from the defendant and if the statements were voluntary is known as a: - Correct answer Huntley hearing Which one of the following statements regarding the rules of evidence is false? OPTIONS A) Evidence that is prejudicial is evidence that is likely to confuse or mislead the jury or cause the jury to decide the case on an erroneous ground or cause undue delay. B) Evidence is relevant if it tends to prove or disprove a material fact. C) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative.
May a police officer testify in a criminal trial that, when he responded to a hit and run accident and asked the victim which way the driver sped off, the victim pointed in the direction of the defendant's travel? OPTIONS A) Yes, because the victim's response was non-verbal and thus not hearsay. B) Yes, because it falls under the admissions exception to the hearsay rule. C) No, if offered to prove in what direction the defendant fled. D) No, regardless of the purpose for which it is offered. - Correct answer ANSWER C) No, if offered to prove in what direction the defendant fled. To qualify under the admissions exception to the rule against hearsay, the statement: - Correct answer Must be a statement of a party opponent. Under the speaking agent rule in New York: - Correct answer A statement made by an authorized agent is binding on the principal as an admission, only if the agent had authority to speak on the matter on behalf of the principal. Both the excited utterance and present sense impression exceptions to the hearsay rule require that: - Correct answer Declarant has personal knowledge of the event. Which one of the following statements concerning expert testimony is false? OPTIONS A) An expert relying on facts in the record of the trial is not required to lay out those facts before stating her opinion, but must state those facts on cross-examination. B) An expert relying on facts based on her personal knowledge which are not in the record in the trial must lay out those facts before stating an opinion. C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right. D) An expert relying on hearsay evidence must show that the information is reliable or the source of the information is available for cross-examination. - Correct answer ANSWER C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right.
If a prospective client speaks with an attorney about the possibility of legal representation on a matter, the client's communication will not be protected by the attorney-client privilege if: - Correct answer The client permits a friend to be present during the conversation. Privilege stands in all the following scenarios except: OPTIONS A) The client does not in fact retain the attorney. B) The attorney's law clerk is present during the communication. C) The client is a corporate representative. D) The prospective client permits a friend to be present during the conversation. - Correct answer ANSWER D) The prospective client permits a friend to be present during the conversation. Which one of the following statements concerning expert testimony is false:
- Correct answer An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right. f In New York, a Frye Hearing is proper if in a civil action an expert intends to give an opinion: - Correct answer That is new or novel in terms of the science or methodology. Does New York recognize common law marriages from other states? - Correct answer Yes, unless the marriage would otherwise be prohibited by New York Law or involved incest or bigamy. After getting married, a couple agrees that, if they divorce, the husband will keep their marital home. Is this agreement enforceable? - Correct answer Yes, if the agreement is in writing, signed by both parties, and acknowledged in the matter that is required to have a deed recorded. The granting of a divorce on the grounds of irretrievable breakdown of marriage is: - Correct answer Only permitted if all economic issues, including equitable distribution and support, and all issues regarding custody and visitation of any children have been resolved. During a marriage, a wife deposits money gifted to her by her mother into a joint account. At the time of divorce, the wife claims that the gift was to her
The Department of Social Service's burden of proof in proceeding to terminate parental rights is: - Correct answer Clear and convincing evidence. An order of protection in a family offense proceeding: ff - Correct answer If later violated, may result in a finding of contempt, resulting in a period of incarceration. Effective October, 1 2019, the age of criminal responsibility in New York is:
- Correct answer 18 Which of the following statements regarding a lawyer's obligation in the representation of a client is false? OPTIONS A) A lawyer must abide by a client's decisions on objectives of the representation. B) A lawyer is obligated to zealously represent a client. C) A lawyer should accede to reasonable requests of opposing lawyers regarding scheduling matters as long as the client's rights are not prejudiced. D) A lawyer may refuse to participate in conduct that the lawyer believes is unlawful, even if the client disagrees. - Correct answer ANSWER B) A lawyer is obligated to zealously represent a client. The comments to the Rules of Professional Conduct are: - Correct answer Non-binding suggestions for interpretations issued by the New York State Bar Association. An attorney may NOT reveal a client confidence: OPTIONS A) To another attorney in a confidential communication to gain ethical advice. B) To collect a fee. C) To respond to the client's criticism of the attorney on a website. D) To prevent reasonably certain death. - Correct answer ANSWER C) To respond to the client's criticism of the attorney on a website. In a legal matter where a conflict of interest may be waived by a client under the Rules of Professional Conduct, is it necessary to confirm the
waiver in writing? - Correct answer Yes, either the client or the lawyer must confirm the waiver in writing. In the process of representing an organization, one of its constituents provided the lawyer with confidential information that is protected by the attorney-client privilege. The privilege can be waived: - Correct answer Only by the organization, because the privilege belongs to the organization. Under the New York Rules of Professional Conduct, an attorney in possession of funds belonging to a client in connection with the attorney's practice of law: - Correct answer May not commingle the funds with the lawyer's own funds, but must hold the funds in a bank that agrees to provide a dishonored check report to the Lawyer's Fund for Client Protection. For what period after the events they record is a lawyer required to maintain records of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice of law? - Correct answer Seven years. The rules for lawyer advertising contained in the Rules of Professional Responsibility: - Correct answer Applies to both public and private communications. Pursuant to the Rules of Professional Responsibility, a lawyer may not act dishonestly by making a misrepresentation of fact to another: - Correct answer Whether or not in the practice of law, representing a client, or dealing with a third person. An attorney who is experiencing problems with chronic stress, depression, alcohol or substance abuse or other addictions may obtain confidential and free assistance from which one of the following agencies: - Correct answer The State Bar Lawyer Assistance Program. By paying the attorney registration fee, an attorney is contributing to which one of the following organizations? - Correct answer The New York Lawyer's Fund for Client Protection. In order for a lawyer to accept a referral fee from another lawyer who is not associated with his firm: - Correct answer The client must be apprised of the referral fee and agree to it.
In order to satisfy the Statue of Frauds, a contract for the sale of real property must contain all of the following except: OPTIONS A) Purchase price. B) Description of the real property. C) An earnest deposit. D) Names of transacting parties. - Correct answer ANSWER C) An earnest deposit. Which of the following does NOT render the title to real property generally unmarketable? OPTIONS A) A mortgage. B) A beneficial easement. C) A restrictive covenant. D) A significant encroachment. - Correct answer ANSWER B) A beneficial easement. Under the CLPR Article 14, culpable conduct: OPTIONS A) Bars the recovery of the plaintiff. B) Does not include implied assumption of the risk. C) Does not include contributory negligence. D) Is an affirmative defense that must be pleaded and proved by the defendant. - Correct answer ANSWER D) Is an affirmative defense that must be pleaded and proved by the defendant. Which one of the following statements regarding the rules for joint and several liability set forth in Article 16 of the CPLR is true? - Correct answer It allows defendants to plead and prove negligence of parties that are not in the lawsuit provided that the plaintiff could have sued such parties with due diligence. Which one of the following statements is true regarding whether a particular violation constitutes negligence per se or some evidence of negligence? - Correct answer A violation of a Department of Health regulation requiring inspections of public swimming pools is evidence of negligence.
New York imposes vicarious liability in all of the following circumstances except: OPTIONS A) Respondent superior. B) The owner and operator of a vehicle with express or implied permission. C) A commercial sale of alcohol to a visibly intoxicated. D) A social host's negligence in failing to protect against minors becoming intoxicated on his premises. - Correct answer ANSWER D) A social host's negligence in failing to protect against minors becoming intoxicated on his premises. A landowner may be liable for injuries sustained by a recreational user of the property if the landowner: - Correct answer Charged the recreational user a fee to use the property. Which one of the following statements is false regarding New York's "Scaffolding Law" (Labor Law 240)? - Correct answer An elevation-related risk can be a falling object, but does not include a falling person. Pecuniary loss under the wrongful death does NOT include: - Correct answer Grief In which of the following fact situations does the injury arise out of the use or operation of a motor vehicle for purposes of the No-Fault Law? - Correct answer Injury to a pedestrian struck by a hard object thrown out of the window of a moving vehicle. Under the no-fault law, first-party benefits made to reimburse a party for basic economic loss up to $50,000 may include: - Correct answer Medical expenses, whenever incurred, provided the need for such services is ascertainable within one year of the date of the accident. A determination as to whether or not a covered person has suffered a significant disfigurement in a vehicle accident for purposes of recovering non-economic damages in a civil action is based upon? - Correct answer A reasonable person's belief that a person with that disfigurement would be the object of pity or scorn as a result of the injury. Notice of Claim under the General Municipal Law must set forth all the following information except:
Under a duly executed power of attorney, an agent: - Correct answer Must observe the standard of care of a prudent person dealing with the property of another. A durable power of attorney terminates when: OPTIONS A) The principal becomes incapacitated. B) The agent acts in violation of the principal's instructions. C) The agent's marriage to the principal is terminated by divorce. D) A durable power of attorney can be terminated only by the death of the principal. - Correct answer ANSWER C) The agent's marriage to the principal is terminated by divorce. In order to be valid, a power of attorney must be executed: - Correct answer By both the principal and the agent, who need not sign the power of attorney at the same time. In order to create a valid irrevocable trust, a trust instrument must be signed by: - Correct answer Both the grantor and trustee, and their signatures must be either properly acknowledged or witnessed by two people who sign the instrument. A grantor has created an irrevocable trust providing for the income to be paid to his adult son for life and the remainder payable to his adult grandson. If the grantor suffers serious business setbacks, may the grantor properly revoke the trust? OPTIONS A) Yes, provided the trustee consents. B) No, unless his son provides written consent, but his grandson's consent is not required. C) No, unless both his son and grandson provide written consent. D) No, because the trust is irrevocable by its terms. - Correct answer ANSWER C) No, unless both his son and grandson provide written consent. The substantive laws governing trusts in New York are contained primarily in the: - Correct answer Estates, Powers and Trusts Law.
Income interests in trusts: - Correct answer Are not alienable by the income beneficiary, unless otherwise specifically provided in the trust instrument. May a child conceived through artificial insemination one year after the death of his biological father be treated as an after-born distributee of the testator's estate? - Correct answer Yes, but only if the testator had provided his written consent to the use of his genetic material to conceive the child within seven years after his death. A will may be partially revoked: - Correct answer By another will or codicil executed and attested with the formalities of a will. Two years ago, a testator duly executed her will. She subsequently executed a codicil to her will. Last week, the testator intending to revoke her will and codicil, wrote "VOID" in the margins of each page of her will and tore up her codicil. Which one of the following statements is true? - Correct answer Only the codicil was revoked. In order for a will to be admitted to probate: - Correct answer The testator may sign the will in the presence of two attesting witnesses or he may acknowledge his signature to the witnesses. In a will executed after 1992, a testator left his residuary estate in equal share to "his issue." The testator died and was survived by children and grandchildren. Which one of the following statements is false? OPTIONS A) The issue of the testator take under the will by representation. B) Beneficiaries of the will take per capita in each generation. C) Issue is defined as every person descended from you. D) The anti-lapse statute applies to the testator's gift to his issue. - Correct answer ANSWER D) The anti-lapse statute applies to the testator's gift to his issue. If one of two attesting witnesses to a will is also a beneficiary under the will and a distributee of the testator, the will may nonetheless be admitted to probate: - Correct answer And the witness-beneficiary is entitled to take under the will in an amount not greater than his intestate share.
