NYLE - Sample Questions

Question 1

In order for a state agency to adopt an administrative rule pursuant to the State Administrative Procedure Act (SAPA), the agency must>

Answer 1

Submit notice of the proposed rule to the secretary of state for publication and afford the public an opportunity to submit comments on the proposed rule

Question 2

In the absence of a controlling provision in its certificate of incorporation or by-laws, a director of a business corporation may be removed:

Answer 2

Only by vote of the shareholders and only for cause

Question 3

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:

Answer 3

The lawyer and any person in the firm under his/her direct supervision and control

Question 4

The application of a long-arm statute from another state it is not valid for the exercise of personal jurisdiction over a non-domiciliary as to a cause of action arising from an act >

Answer 4

For defamations committed within the state

Question 5

The proper venue for an action by a non-resident of New York against a New York resident for specific performance of a contract entered into New York to sell real property located in New York is

Answer 5

The county in which the real property is located

Question 6

In order to be timely, an action commenced in New York by a non-resident plaintiff against a resident of New York to recover damages for a claim that accrued in State X must be

Answer 6

Timely under both the law of New York and the law of State X

Question 7

If pre-answer motion is made on any ground which of the following defenses is waived if not included in the motion

Answer 7

Lack of personal jurisdiction over the defendant

Question 8

In an action in New York for breach of an employment contract, a New York court will always apply the law of

Answer 8

The jurisdiction with the most significant relationship to the transaction and the parties

Question 9

If a contract is entered into under a mutual mistake of fact by the parties voidable and subject to rescission or reformation?

Answer 9

No, unless the mistake is both substantial and existed at the time the contract was entered into

Question 10

Who has the burden of proof regarding an alibi at a criminal trial?

Answer 10

The prosecution, beyond reasonable doubt

Question 11

In order for a police officer in New York to forcibly stop and detain a person, the officer must have

Answer 11

A reasonable suspicion that the person was involved in a felony or a misdemeanor

Question 12

Is a witness’s testimony regarding his habit admissible in a negligence action to prove that his conduct confirmed to his habit on a specific occasion?

Answer 12

Yes, if the proof of the witness’s habit demonstrate a deliberate and repetitive practice by a person in complete control of the circumstances in which it is employed

Question 13

In order for a prenuptial agreement to be valid and enforceable in New York, the agreement must be in writing, and

Answer 13

Subscribed by both parties and acknowledged in the same manner as a deed

Question 14

Assuming no earlier emancipation, parents in New York are liable for support of a child only until

Answer 14

Age 21

Question 15

Attorneys admitted to practice in New York are required to file registration statement and pay a registration fee

Answer 15

Evert two years, and the attorney must certify that a required amount of continuing legal education has been completed

Question 16

Does a defendant in an action to foreclose a mortgage on real property have right to redeem the property by paying into court the full amount due on mortgage debt plus cost of action?

Answer 16

Yes, until the foreclosure sale takes place

Question 17

A release given to one of two or more tortfeasors liable for the same injury reduces the amount the injured party can recover from non-settling tortfeasor by

Answer 17

The greater of the amount paid by the settling tortfeasor or the amount of the settling tortfeasor’s apportioned share of the liability

Question 18

In order to maintain an action against a municipality to recover damages sustained as a result of the municipality’s negligence, absent a court order allowing service of a late notice of claim, within how many days after the claim arises must a notice of claim be served as a condition precedent to the commencement of the action?

Answer 18

90 days

Question 19

Where a person dies intestate survived only by his spouse and two adult children, the net estate will be distributed

Answer 19

$50,000.00 and one-half of the residue to the spouse and reminder split equally between children

Question 20

Pursuant to a duly executed short form power of attorney and in the absence of a statutory gifts rider, an agent may make gifts of the principal’s assets in excess of an annual total of $500 to

Answer 20

Pursuant to a duly executed short form power of attorney and in absence of a statutory gifts rider, an agent may not make gifts of the principal’s assets in excess of an annual total of $500

Question 21

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

Answer 21

First request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness may move on supreme court to quash the subpoena

Question 22

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 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?

Answer 22

No, because the contract was otherwise fair and reasonable to Corporation A at the time it was approved

Question 23

Is a trial court in the first judicial department required to follow a decision of the Appellate Division of the Third Judicial Department?

Answer 23

Yes, unless either the Court of Appeals or the Appellate Division in the First Judicial Department has pronounced a contrary ruling

Question 24

Which one of the following types of service is only available if service by personal delivery cannot be made with due diligence?

Answer 24

Affix-and-mail service

Question 25

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?

Answer 25

Yes, and the plaintiff has until 20 days after the defendant served his answer to add the party

Question 26

A defendant served with the complaint in a civil action made a pre-answer motion to dismiss the complaint on the ground that it failed to state a cause of action, but the motion was denied. In the defendant's answer any of the following defenses may be raised except

Answer 26

Lack of personal jurisdiction

Question 27

In an action seeking damages for personal injury predicated solely on a cause of action for negligence, without leave of court, interrogatories

Answer 27

May not be served on a party if either a bill of particulars has been demanded, or a deposition has been conducted, of the same party

Question 28

New York and State X law differ as to the obligation of a property owner to provide properly erected scaffolding for workers engaged in construction of the property. A worker who resides in State X was injured in State X in a fall from scaffold while constructing a building on property owned by a New York resident. If the construction worker brings an action against the property owner in New York, what law governs the property owner's liability for failure to provide safe scaffolding?

Answer 28

State X law, because the accident happened there

Question 29

Which one of the following contractual provision is enforceable? a) A provision on a ticket to an amusement park exempting the owner from liability for negligence b) A provision in commercial construction contract exempting the contractor from liability for negligence c) A provision in a commercial lease exempting the landlord from liability for negligence d) A provision in residential mortgage providing for an interest reate of 15%

Answer 29

A provision in a residential mortgage providing for an interest rate of 15%

Question 30

Two brothers were fleeing from the scene of a bank robbery they committed, when one of the brother accidentally killed the other. May the surviving brother be convicted of a felony murder?

Answer 30

No, because the brother who was killed was participant in the robbery

Question 31

Shortly after a victim was robbed, she identified the defendant in a photographic array that was not unduly suggestive. At a trial of the defendant for robbery, may the victim testify regarding her prior identification of the defendant by photograph?

Answer 31

Yes, if the photographic identification was conducted pursuant to a blind procedure

Question 32

An accomplice to a crime received a favorable plea deal requiring him to testify against the defendant. At subsequent trial of the defendant, the accomplice's testimony

Answer 32

Must be corroborated with some other evidence tending to connect the defendant with the commission of the crime

Question 33

Twenty years ago, a husband and wife entered into valid marriage in State X and remained married and living in State X until three years ago, when the husband moved to New York where he has continuously since resided. If the husband commences an action for divorce in New York today, does the court have jurisdiction over the material res?

Answer 33

Yes, because the husband continuously resided in New York for three years

Question 34

In awarding child support the court may

Answer 34

May supplement the child support obligation calculated by reference to the statutory percentage set forth in the Child Support Standards Act with the cost of certain child care expenses

Question 35

An advertisement by a lawyer compares the lawyer's services with the services of other lawyers, uses a paid endorsement by an actor that is disclosed as such, contains statements reasonable likely to create an expectation about results, is labeled "attorney advertising", and contains a disclaimer that "prior results do not guarantee a similar outcome". Assuming the advertisement it truthful, not deceptive or misleading, and can be factually supported, under the Rules of Professional Conduct the advertisement is

Answer 35

Permissible as is

Question 36

A grantor owning a large tract of land decided to divided into several parcels. The recorded deed conveying Parcel A contained a restriction prohibiting commercial use of the parcel. The grantor included the same restriction in a recorded deed conveying Parcel B, an adjoining lot. A subsequent deed conveying Parcel C made no reference to the restriction contained in those previously recorded deed. If the owner of Parcel C uses his parcel for commercial purpose, may the owner of Parcel A and Parcel B enforce the restrictive covenant against the owner of Parcel C?

Answer 36

No, because the restriction was not contained in the direct chain of title to Parcel C

Question 37

In a personal injury action resulting from a slip and fall on ice, defendant A was found 60% liable and defendant B was found 40% liable for injuries suffered by plaintiff. The maximum percentage of her damage the plaintiff may recover from defendant B is

Answer 37

100% of her economic damage and 40% of her non-economic damage

Question 38

A passenger in a vehicle was injured in a two-car accident caused by the negligence of the other driver. If the injured passenger seeks to recover her medical expenses, she must look to the insurance policy covering which one of the vehicles involved in the accident?

Answer 38

The vehicle she was riding in as passenger, even though the accident was caused by negligence of the driver of the other vehicle

Question 39

A decedent died intestate last year leaving a net estate of $150,000.00. He was survived by his wife, his son, and one grandchild, the child of predeceased daughter. The decedent's estate should be distributed

Answer 39

$100,000 to the wife, $25,000 to each of the son and grandchild

Question 40

A grantor has created an irrevocable trust providing for the income to be paid to his adult son for life and the remainder to his adult grandson. If the grantor suffers serious business setbacks, may the grantor properly revoke the trust

Answer 40

No, because the trust is irrevocable by its terms, unless both his son and grandson provide written consent