NYLE - Mixed (Part 1); Questions and Answers 100% Solved
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Nyle
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Nyle
NYLE - Mixed (Part 1); Questions and Answers
100% Solved
_"Automatic orders," with which D must be served simultaneously with the service of the
summons prevent either party from CORRECT ANSWER-unilaterally changing the
economic status quo of the relationship by disposing of property, incurr...
NYLE - Mixed (Part 1); Questions and Answers
100% Solved
_"Automatic orders," with which D must be served simultaneously with the service of the
summons prevent either party from CORRECT ANSWER-unilaterally changing the
economic status quo of the relationship by disposing of property, incurring debts, removing the
other party or the children from existing medical insurance, or changing beneficiaries on
existing insurance policies
_"Basic economic loss" per person is defined as up to CORRECT ANSWER-$50k for all
necessary medical and related expenses (provided the need is ascertainable within 1 year from
the accident), up to $2k per month for up to 3 years from the accident for loss of earnings, and
up to $25 per day for not more than 1 year from the the accident for all other reasonable and
necessary expenses
_"Finality" in an administrative proceedings context, means that CORRECT ANSWER-a
party must wait until ALL phases of the agency adjudication are complete
_"First-party benefits" under statutory no-fault insurance law, are payments to CORRECT
ANSWER-reimburse an injured person for "basic economic loss," less 20% of lost earnings and
amounts paid under state or federal law in disability or workers' compensation benefits
_"Impleader" or third-party practice is a procedure whereby D is permitted to proceed against a
person not a party, who is or may be liable to D for all or part of P's claim, by CORRECT
ANSWER-bringing in that person, after the service of his answer, so that the original claim and
the related claim against the added person may be decided in a single suit
_"Offense" in the context of double jeopardy protection, is defined CORRECT ANSWER-
narrowly, prohibiting only prosecuting the same person twice under the same statute for the
same act, the test to determine whether there are two offenses or only one is whether each
provision requires proof of a fact which the other does not
_"Slander per se" consists of statements CORRECT ANSWER-(i) charging P with a serious
crime (ii) that tend to injure P in his profession (iii) that P has a loathsome disease or (iv)
imputing unchastity to a woman
_"Specific intent" to commit a crime may be inconsistent with the required mental culpability of
the crime in that D cannot be charged with CORRECT ANSWER-an attempt to commit
manslaughter, or depraved indifference murder, or felony murder, or reckless/criminally
negligent assault
_A "covered person" is a pedestrian, owner, operator or occupant injured through
CORRECT ANSWER-the use or operation of a motor vehicle
_A "permanently neglected child" is a child who is in the care of an authorized agency and
whose parent or custodian has, although physically and financially able to do so,
notwithstanding the agency's diligent efforts to encourage and strengthen the parental
relationship (when such efforts will not be detrimental to the best interests of the child)
, NYLE - Mixed (Part 1); Questions and Answers
100% Solved
CORRECT ANSWER-failed for a period of time substantially and continuously to maintain contact
with the child or plan for the child's future
_A beneficiary must renounce (disclaim) a disposition within CORRECT ANSWER-9
months of a transfer, and the disclaimer is irrevocable
_A bill of particulars is used to CORRECT ANSWER-amplify the pleadings (not to obtain
evidence) and is available between parties in an action
_A bill of particulars may be amended once CORRECT ANSWER-without leave of court
before a note of issue is filed
_A child born of married parents, or a child born to a married woman by means of artificial
insemination with the consent of the woman and her husband, is CORRECT ANSWER-the
legitimate child of both parents
_A child born of parents who, though not married at the time of the child's birth, but later
marry is CORRECT ANSWER-recognized as the legitimate child of both parents and a
presumption of legitimacy of a child whose parents marry at a later date is created
_A child, if over [ ], may consent to be adopted CORRECT ANSWER-14 years
, NYLE - Mixed (Part 1); Questions and Answers
100% Solved
_A child's legitimacy is CORRECT ANSWER-not affected by a subsequent judgment of
separation or divorce
_A contract is generally voidable and subject to rescission or reformation where a mistake of
fact is CORRECT ANSWER-mutual, substantial, so material that it goes to the foundation
of the agreement, exists at the time the contract is entered into and any court-ordered relief is
reserved only for "exceptional situations"
_A contract is substantially unconscionable where the terms CORRECT ANSWER-are
unreasonably favorable to one party
_A contract with an infant is binding on the other contracting party CORRECT ANSWER-
so long as the infant does not elect to disaffirm it during his infancy or within a reasonable time
after turning 18
_A conveyance or other act that's wholly inconsistent with a previous disposition
CORRECT ANSWER-revokes that disposition
_A cop is allowed to arrest a person, without a warrant, for a felony or a misdemeanor but *not
an offense* if the cop CORRECT ANSWER-has reasonable cause to believe that a person
committed a crime, whether or not in his presence
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