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NYLE - Evidence Test questions and answers 2025 latest update.
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NYLE - Evidence Test questions and answers 2025 latest update.
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NYLE - Evidence Test questionsand answers 2025 latest update.
Judicial notice of law: CPLR 4511 - answer Under New York law,
every court must take judicial notice without a request being made
of the following:
• The common law, constitutions, and public statutes of the United
States and of every state, territory, and jurisdiction of the United
States;
• The official compilation of the New York Codes, Rules, and
Regulations of the state (NYCRR); and
• All local laws and county acts.
Under CPLR 4511 (b), the court must take judicial notice of certain
laws if a request is made by a party. Certain conditions must be
satisfied before a party's request to take judicial notice of the laws
specified in subdivision (b) will become mandatory on the court
(CPLR 4511 [b]). The court has discretion to take judicial notice on
its own motion of, among other things, private acts and resolutions
of the United States Congress and the New York State Legislature;
and ordinances and regulations of agencies or governmental
subdivisions and the laws of foreign countries.
Judicial notice of adjudicative facts - answer Judicial notice of
adjudicative facts is where courts accept and adjudicative fact as
true without the offering of evidence by the party asserting the fact
(Ptasznik v Schultz, 247 AD2d 197 [2d Dept 1998]). New York limits
judicial notice of adjudicative facts to those incapable of dispute
because they are either:
• Generally known within the community where the court sits or
• Capable of accurate and ready determination by resort to sources
whose accuracy cannot reasonably be questioned.
Relevancy: Character evidence: CPL 60.40 - answer In a criminal
case, a defendant may establish his or her good character only by
, showing his or her general reputation in the community (People v
Barber, 74 NY2d 653 [1989] [dissenting opinion]). The opinions of
those who know the defendant personally and have firsthand
knowledge of his or her character are inadmissible (id.). If a
defendant through the testimony of a witness called by him offers
evidence of his good character, the prosecution may independently
prove any previous conviction of the defendant tending to negate
the trait in issue (CPL 60.40 [2]).
In a civil case, evidence of good character may be admitted only
after a person's good character has been directly called into
question by evidence of bad character (Kravitz v Long Is. Jewish-
Hillside Med. Ctr., 113 AD2d 577 [2d Dept 1985]).
Evidence of a person's character is never admissible for the purpose
of proving that the person acted in conformity therewith or had the
propensity to do so (Fanelli v diLorenzo, 187
AD2d 1004 [4th Dept 1992]).
Relevancy: Uncharged crimes - answer In a criminal case in New
York, evidence of a defendant's prior uncharged crimes is
inadmissible to prove criminal propensities, but may be admitted
under certain circumstances where the probative value of the proof
outweighs its possible prejudicial effect. Evidence of uncharged but
similar acts is therefore admissible to establish:
• Motive,
• Intent,
• Absence of mistake or accident,
• Identity, and
• Common scheme or plan
(People v Molineux, 168 NY 264 [1901]). A two-part inquiry is
required to determine the admissibility of evidence of a defendant's
uncharged crimes or prior bad acts. First, the proponent must
identify some material issue to which the evidence is relevant.
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