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NYLE Flashcards 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 in response to a notice for discovery and inspection a corporation produces documents it authored, when offered evidence by an adverse party, the documents are: - Correct answer Presumed to be authentic, but are not necessarily admissible. If a party to an action wishes to seek relief on an expedited basis, the party should file: - Correct answer An order to show cause. If a party serves an order that is signed by the judge but has not been entered by the clerk, the time to file an appeal from that order: - Correct answer Has not yet begun. In a civil action, the deposition of an opposing party's expert: - Correct answer Only permitted in any case upon agreement of all parties. If in response to a notice for discovery and inspection a corporation produces documents it authored, when offered into evidence by an adverse party, the documents are: - Correct answer Presumed to be authentic, but are not necessarily admissible. 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:
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. D) It generally requires a confidential or fiduciary duty. - Correct answer ANSWER C) It generally requires a wrongful act. Ignorance of the law: - Correct answer Is never a defense to any criminal charges. A person who caused the death of another person while driving while intoxicated would most likely be charged with: - Correct answer Criminally negligent homicide. Which of the following is not considered an affirmative defense to a criminal charge: OPTIONS A) Entrapment B) Renunciation C) Duress D) Justification - Correct answer ANSWER D) Justification A showing that the defendant charged with murder in the second degrees was experiencing an extreme emotional disturbance at the time he committed the crime: - Correct answer Could be a basis for reducing the murder charge to a manslaughter charge. The defense of entrapment: - Correct answer Must be proven by the defendant by a preponderance of the evidence.
The District Courts located on Long Island have criminal jurisdiction over: - Correct answer Misdemeanors and violations only. ff If, while a case is being presented in a town court the defendant is indicted, the case: - Correct answer Will be transferred to County Court. A charge of vehicular assault in the second degree may arise from any of the following activities, except: - Correct answer Driving a motor vehicle while talking on a cell phone. A charge of vehicular assault in the second degree may arise from any of the following activities except: 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
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. D) The purpose of rules of evidence is to ensure that the jury will hear all pertinent, reliable and probative evidence that bears on dispositive issues in the case. - Correct answer C) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative.
In a criminal case, a defendant is permitted to introduce evidence of his own good character: - Correct answer Yes, viz CW opn/rep? In New York, which one of the following statements regarding impeachment of a witness with prior instances of misconduct is false? OPTIONS A) A good faith basis for asking the question is needed. B) The cross-examiner can ask about bad acts that underlie a crime for which the individual was acquitted. C) Such evidence may be used against a witness in civil or criminal trial. D) The prior misconduct must relate to the witnesses's truthfulness. - Correct answer ANSWER C) Such evidence may be used against a witness in civil or criminal trial. Which one of the following statements regarding the admissibility of prior bad act evidence in a criminal trial is false? A) Inadmissible Hearsay, probative. B) Such evidence is admissible to establish motive, intent, absence of mistake, identity, common scheme or to negate a claim or innocent explanation for conduct. C) A prosecutor wishing to use such evidence must make a motion in liming and the defense must be given an opportunity to respond. D) If a court determines to admit prior bad act evidence, the court must give the jury a limiting instruction. - Correct answer ANSWER A) Inadmissible Hearsay, probative. EXPLANATION Hearsay evidence is not admissible even if probative. It does not matter if the source of the bad act evidence is otherwise inadmissible hearsay if the court determines the probative value outweighs the potential for prejudice.
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 only, and would like the funds to be considered separate property. Who has the burden of proof? - Correct answer The wife because she is the one who is claiming the property is separate. Is a complaint in a divorce action required to be verified? - Correct answer Yes, unless the ground/claim for the divorce is adultery. A divorced spouse wishes to seek a downward modification of his child support obligation because his income has been reduced. Modification may be granted by the reason of the reduced earnings only if: - Correct answer The gross income of the spouse
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
Correct answer Commence a foreclosure action, and only with leave of court, commence a civil action on the note. A lender foreclosed on a mortgage and the total judgement with interest at the time of sale was $500,000. At the foreclosure sale, the property sold for $350,000. Is the lender entitled to seek a deficiency judgement against the borrower if the court determines the market value of the property is $400,000? - Correct answer ANSWER Yes, in the amount of $100,000. EXPLANATION A deficiency judgement amount is the difference between the sales price and the fair market value of the premises in foreclosure. The burden of proof in a civil action for a plaintiff seeking to establish title by adverse possession is: - Correct answer Clear and convincing evidence. 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.
