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New York Law Exam (NYLE) questions and answers 2025 latest update.
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New York Law Exam (NYLE) questions and answers 2025 latest update.
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New York Law Exam (NYLE)questions and answers 2025
latest update
What are the Principal Appellate Courts in New York? - answer (1)
Court of Appeals
(2) Appellate Division of Supreme Court (divided into four judicial
departments)
(3) Appellate Terms of the Supreme Court (terms exist only in First
Judicial Department and Second Judicial Department)
Describe the New York Court of Appeals. - answer The New York
Court of Appeals is the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. - answer The
New York Court of Appeals:
(1) has no original jurisdiction;
(2) exercises appellate jurisdiction in criminal cases and civil cases
without regard to the amount in controversy;
(3) its jurisdiction is generally limited to questions of law.
Describe the New York Appellate Division of Supreme Court. -
answer The Appellate Division of Supreme Court is:
,(1) a single, statewide appellate court;
(2) divided into four departments:
- First Department
- Second Department
- Third Department
- Fourth Department
and
(3) is the principal intermediate appeals court for both criminal and
civil cases
What is the rule regarding trial departments in one department
following precedent of the Appellate Division for another
department?
Stated in other words, is a trial court in the First Department
required to follow decisions in the Appellate Division of the Second
Department under the doctrine of stare decisis? - answer Under
the doctrine of stare decisis, trials courts in a given department are
REQUIRED to follow precedent set by the Appellate Division for
another department
UNTIL either:
(1) the Court of Appeals OR
(2) the Appellate Division for the department in which the trial court
sits
,pronounces a contrary rule.
Are Appellate Divisions of each department required to follow the
other department's decisions?
Stated in another way, is the First Judicial Department of the
Appellate Division bound by decisions made by the Second Judicial
Department of the Appellate Division? - answer Each department
of the Appellate Division should accept the decisions of its sister
departments as persuasive authority but is free to reach a contrary
result.
See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d
Dept 1984)
Describe the Appellate Terms of the Supreme Court. - answer
Appellate Terms of the Supreme Court exist in only in the First
Judicial Department of the Appellate Division and the Second
Judicial Department of the Appellate Division.
The Appellate Terms of both the First and Second Departments hear
appeals from the Civil Court of New York City.
The Appellate Term of the Second Department ALSO hears appeals
from district, county, city, town, and village courts.
What makes up the Appellate Division's Second Judicial
Department? - answer The Second Judicial Department is
comprised of two counties within New York City.
What makes up the Appellate Division's First Judicial Department? -
answer The First Judicial Department is comprised of three
counties within New York City and seven other counties.
, What are New York's Principal Trial Courts? - answer (1) Supreme
Court
(2) Court of Claims
(3) County Court
(4) Surrogate's Court
(5) Family Court
Describe the New York Supreme Court's jurisdiction. - answer The
Supreme Court:
(1) has general, original jurisdiction of all cases in law and equity
without monetary limitation UNLESS its jurisdiction has been
specifically proscribed;
(2) in some cases, its jurisdiction is concurrent with that of other
courts;
(3) it has exclusive subject matter jurisdiction over matrimonial
actions and wrongful death claims
(4) because it is a court of general jurisdiction, the Supreme Court
can exercise jurisdiction over all criminal proceedings
- NOTE: In practice, the only criminal jurisdiction that the Supreme
Court exercises is over FELONIES in New York City (remember,
because County Courts exist in every county except NYC and
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