Exam (elaborations)
NYLE FLASHCARDS QUESTIONS AND ANSWERS 2024
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Exam of 35 pages for the course NYC Tour at NYC Tour (NYLE FLASHCARDS)
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NYLE FLASHCARDSBefore an agency adopts a new rule, a public hearing: - 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: - 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: - answerDue 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: - answerThe administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: - answerFollowing 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? - answer2 or more persons defined as
an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): -
answerEach 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? -
answerOffers 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: - answerGive 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: - answerBoard 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: -
answerThe 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: - answerMust 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?
- answerYes, 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: - answerThe note
of issue was filed.
If a non-resident commences an action against a D who has a condo in NY county, but
travels to Columbia County to their farmhouse every weekend, the D's residence for the
purpose of venue would be: - answerEither Columbia County or NY County.
The proper venue in an action against a municipality is: - answerThe county in which
the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury - answerANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the
court: - answerTime has not begun to run.
Verification of an answer to a complain is: - answerMandatory in the answer if it is
verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
answerOne year and 90 days.
A party who applies for a temporary restraining order: - answerMust put the opposing
party on notice of the application in all cases, pursuant to the rules applicable to cases
brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: -
answerHas no probative value with respect to facts asserted therein.
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:
- answerPresumed 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: -
answerAn 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: - answerHas not yet begun.
In a civil action, the deposition of an opposing party's expert: - answerOnly 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: - answerPresumed 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: - answerSix 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: - answerWhether 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? - answerState 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: - answerNY 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: - answerThe 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? - answerNew 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? - answerNo, 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:
OPTIONS
A) A promise to answer for the debt default or miscarriage of another person.
B) A promise to pay a debt that was discharged in bankruptcy.
C) A contract relating to the division of assets between a husband and wife.
D) A contract for snow removal the term of which is six months and which is effective
immediately. - answerANSWER
D) A contract for snow removal the term of which is six months and which is effective
immediately.
A husband and wife, both of whom turned 18 last month, entered into a contract to
borrow money from a bank to purchase a home when they were 17. May they disaffirm
the contract now that they have turned 18? - answerNo, because a married couple may
not disaffirm a contract they entered into as infants to borrow money to purchase a
home.
A litigant who wishes to avoid contractual obligations based on unconscionability must
show: - answerBoth substantive and procedural unconscionability.
Does an attorney who is hired at-will at a law firm but who was subsequently fired for
objecting to unethical conduct have a viable cause of action for wrongful termination
against the law firm? - answerYes, because there is an implied duty of good faith on the
part of the law firm that limits the law firm's right to terminate the employment of an
attorney for objecting to allegedly unethical conduct.
In a breach of contract action, extrinsic evidence is admissible: - answerTo explain the
meaning of an agreement only if the court determines that the agreement is ambiguous
on its face.
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. - answerANSWER
C) It generally requires a wrongful act.
Ignorance of the law: - answerIs 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: - answerCriminally negligent homicide.
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