NYLE practice questions and Answers 100%
Solved
A statute expressly authorizes the hearing officers for a particular administrative agency to issue
subpoenas at the request of any party to the hearing. A witness who has received a subpoena
issued by the hearing officer wants to challenge the...
NYLE practice questions and Answers 100%
Solved
A statute expressly authorizes the hearing officers for a particular administrative agency to issue
subpoenas at the request of any party to the hearing. A witness who has received a subpoena
issued by the hearing officer wants to challenge the subpoena on the ground that it seeks only
material that is clearly irrelevant. The proper procedure for the witness to follow in order to
challenge the subpoena is to:
a) Immediately move in supreme court to quash the subpoena.
b) Refuse to comply with the subpoena and defend any subsequent proceeding to enforce it.
c) First request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness
may move in supreme court to quash the subpoena.
d) Request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness has
no further remedy because the statute authorizes the issuance of the subpoena.
CORRECT ANSWER-(c)
A person served as director of both Corporation A and Corporation B. This director was present
at a meeting of the board of directors of Corporation A when it approved a contract between
Corporation A and Corporation B, and his presence and affirmative vote were necessary to
establish a quorum of the board and approve the contract. The contract was fair and reasonable
to Corporation A at the time it was approved. Is the contract voidable by Corporation A?
a) Yes, if the common directorship was not known to the board of Corporation A.
b) Yes, because the director's presence and affirmative vote were necessary to establish a
quorum of the board and approve the contract.
c) No, because common directorship cannot be a valid ground to void any contract approved by
a board of directors.
, NYLE practice questions and Answers 100%
Solved
d) No, because the contract was otherwise fair and reasonable to Corporation A at the time it
was approved. CORRECT ANSWER-(d)
Is a trial court in the First Judicial Department required to follow a decision of the Appellate
Division of the Third Judicial Department?
a) No, unless the Court of Appeals has affirmed that decision.
b) No, because decisions of intermediate appellate courts outside of the Judicial Department of
a trial court are not binding on that trial court.
c) Yes, unless the Court of Appeals has pronounced a contrary ruling, regardless of whether or
not the First Judicial Department has ruled on the issue.
d) Yes, unless either the Court of Appeals or the Appellate Division in the First Judicial
Department has pronounced a contrary ruling. CORRECT ANSWER-(d)
Which one of the following types of service is only available if service by personal delivery
cannot be made with due diligence?
a) Deliver-and-mail service.
b) Affix-and-mail service.
c) Service on an individual's agent designated for service of process.
d) Service on the Secretary of State as a designated agent. CORRECT ANSWER-(b)
The sole defendant in a civil action was served with the plaintiff's summons and complaint last
week, and he has since served his answer. May the plaintiff now add a second defendant to the
action as of right?
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