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NYLE FLASHCARDS QUESTIONS & ANSWERS 2025
Before an agency adopts a new rule, a public hearing: - ANS-WwW May be required if there is a statute that specifically requires that a hearing be held. When appearing before an administrative agency, a party; — ANS-WW 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: — ANS-WwW Duc 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 lo: —- ANS-Wwv The administrative law judge that issued the subpoena. An executive session may be conducted by a public body: — ANS-WW Following 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? - ANS-WW2 or more persons defined as an individual or legal entity. What is the consequence of organizing a registered limited liability partnership (RLLP): — ANS-WW Each 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 prolessianal services on behall of the RLILP. Which one of the following statements regarding business corporations is false? — ANS-¥v Offers appointed by sharcholders to manage on a day to day basis. In order to preserve their appraisal rights, sharcholders who oppose an amendment to the certificate of incorporation that limits their voting rights must: — ANS-WWGive written objection lo the carporation before the vote is taken. An officer clected by the board of directars of a business corporation may be removed by vote of the: - ANS-Ww Board 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: — ANS-Wv The lawyer herself and any persons in the firm under her direct supervision and control. In order for a director who is absent from a yote taken by a board of directors to dissent from the action, the absent direction: - ANS-WW Must cause his dissent lo be filed with the meant minutes within a reasonable time after learning of the action, Is service of process by cmail permitted in a civil action commenced in NY State courts? — ANS-VW Yes, but only where a court has issued order permitting service of pracess by email. Unless the court sects a specific date, the expiration of the time period for which a party may file a molion for summary judgement is measured Irom the dale: —- ANS-¥W v The note of issuc 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; — ANS-WW Either Columbia County or NY County. 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: — ANS-WW Presumed to be authentic, but are not necessarily admissible. If a party to an action wishes to seck relicf on an expedited basis, the party should file: - ANS-WWAn order to show cause, If a party serves an order thal is signed by the judge bul has not been enlered by the clerk, the time to file an appeal from that order: - ANS-WW Has not yet begun, In a civil action, the deposition of an oppasing party's expert: - ANS-~WWOnly permitted in any casc upon agreement of all parties. If in response to a notice for discavery and inspection a corporation produces documents it authored, when offered into evidence by an adverse party, the documents are: — ANS-WW Presumed 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: - ANS-WWSix months, but a dismissal for failure to timely perfect may be vacated. A New York court applying a conflict of Jaw analysis in an action brought in New York by a New York resident against a nonresident musl first determine: — ANS-WvW Whether 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 docs not regulate the conduct at issue. In an action in New York between New York residents to recaver 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? - ANS-WWState X, because the State in which the accident look place is conduct-regulating. If conflict commenced in NY between New Yorkers for an ac ident that happened in State X, apply the law of: - ANS-WWNY law because law is lass 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: - ANS-WW The 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? - ANS-WWNew 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? — ANS-WW)ho, 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 ta be enforecable except: OPTIONS A) A promise to answer for the debt default or miscarriage of another person. B) A promise to pay a debt thal was discharged in bankruptcy. C) A contract relating to the division of assets between a husband and wile. D) It generally requires a confidential or fiduciary duty. - ANS-WWANSWEIR C) It generally requires a wrongful act. Ignoranee of the law: - ANS-WW Is 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: - ANS-WW# Criminally negligent homicide. Which of the [allowing is not considered an alfirmalive defense to a criminal charge: OPTIONS A) Entrapment 13) Renunciation C) Duress 1) Justification - ANS-WWANSWIER 1) Justification A showing that the defendant charged with murder in the second degrees was experiencing an extreme cmotional disturbance at the time he committed the crime: — ANS-Wwv Could be a basis for reducing the murder charge to a manslaughter charge, The defense of entrapment: - ANS-WWMust be proven by the defendant by a preponderance of the evidence, The District Courts located on Long Island have criminal jurisdiction over: - ANS-W v Misdemeanors and violations only. ff If, while a case is being presented in a town court the defendant is indicted, the case: — ANS-v¥W Will be transferred to County Court. A charge of vehicular assault in the second degree may arise from any of the following aclivilies, excepl: — ANS-WwW Driving a motor vehicle while talking on a cell phone. A charge of vehicular assault in the second degree may arise from any of the following activitics ¢xcept: OPTIONS A) Driving a boat while under the influence of drugs, 3) Driving a snowmobile while intoxicated, C) Driving an all-terrain ychicle while texting. D) Driving a motor ychicle while talking on a cell phone. - ANS-WWANSWER D) Driving a motor ychicle while talking on a cell phone. The crime of gang assault under the New York Penal law requires: - ANS-Vv Physical injury or serious physical injury to another person, A defendant entered a store to rob it carrying a loaded gun. He shot the gun into the air hoping to scare the cashier, but the bullet struck a light fixture causing it Lo [all on the cashier's head, killing him. The defendant is guilty of: OPTIONS A) Manslaughter 13) Criminally negligent homicide C) Felony murder 1D) Depraved indifference murder — ANS-WWANSWIER A pre-trial hearing held for the purpose of determining whether a witness's tian is correct and the police procedures that were used were not unduly identi suggestive is known as a: OPTIONS A) Wade hearing B) Sandoval Iearing C) Huntley hearing 1) Mapp hearing - ANS-WWANSWER A) Wade hearing All Tollowing types ol identifications, if nat unduly suggeslive, are admissible as evidence in a criminal trial except: - ANS-WWA photo array where the police know the identify of the suspect. A pre-trial hearing held for the purpose of reviewing the manner in which police obtained statements from the defendant and if the statements were voluntary is known as at — ANS-WW Huntley hearing Which ane of the following statements regarding the rules of evidence is false? OPTIONS A) Evidence that is prejudicial is evidence that is likely to confuse or mislead the jury or cause the jury to decide the case on an crroncous ground or cause undue delay. 13) Evidence is relevant if it tends to prove or disprove a material fact. C) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative, D) The purpose of rules of evidence is to ensure that the jury will hear all pertinent, reliable and probative cyidence that bears on dispositive issues in the case, - ANS-v VC) Atrial judge must exclude any evidence that is prejudicial, even if it is otherwise probative. In a criminal case, a defendant is permitted to introduce evidence of his own good character: - ANS-VWYes, viz CW opn/rep? In New York, which one of the following statements regarding impeachment of a witness with prior instanees of misconduct is false? OPTIONS A) A good faith basis for asking the question is needed, 1B) The cross—examiner can ask about bad acts that underlie a crime for which the individual was acquitted, C) Such evidence may be used against a witness in civil or criminal trial, 1D) The prior misconduct must relate to the witnesses's truthfulness. - ANS-Vv ANSWER C) Such evidence may be used against a witness in civil or criminal trial. Which one of the following statements regarding the admissibility of prior bad act evidence in a criminal trial is false? A) Inadmissible Hearsay, probative. B) Such evidence is admissible to establish molive, intent, absence of mistake, identity, common scheme or to negate a claim or innocent explanation for conduct. C) A prosecutor wishing to use such evidence must make a motion in liming and the defense must be given an opportunity to respond. D) If a court determines to admit prior bad act evidence, the court must give the jury a limiting instruction. - ANS-WWANSWER A) Inadmissible Ilearsay, probative. Which one of the following statements concerning expert testimony is false? OPTIONS A) An expert relying on facts in the record of the trial is not required to lay out those state those facts on cro: facts before stating her opinion, but mus —examination, 1) An expert relying on facts based on her personal knowledge which are not in the record in the trial must lay out those facts before slaling an apinion, C) An expert may rely on hearsay evidence in staling her opinion only if the hearsay evidence is admissible in its own right. D) An expert relying on hearsay evidence must show that the information is reliable or the source of the information is available for cross—examination, - ANS-WW ANSWER C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in ils own right. If a prospective client speaks with an altorney about the possibility of legal representation on a matter, the client's communication will not be protected by the attorney-client privilege if: - ANS-WwW The client permits a friend to be present during the conversation, Privilege stands in all the following scenarios except: OPTIONS A) The client does not in fact retain the attorney. B) The attorney's law clerk is present during the communication, C) The client is a corporate representalive, 1D) The prospective client permits a fricnd to be present during the conversation. — ANS-WWANSWER 1D) The prospective client permits a friend to be present during the conversation. Which one of the following statements concerning expert testimony is false: - ANS- Vv An expert may rely on hear y evidence in stating her opinion only if the hearsay evidence is admissible in its own right. [ In New York, a l’ryc Hearing is proper if in a civil action an expert intends to give an opinion: — ANS-Wwv That is new or noyel in terms of the science or methodology. Does New York recognize common law marriages from other states? — ANS-WWV Yes, unless the marriage would otherwise be prohibited by New York I.aw or involyed incest or bigamy, After getting married, a couple agrees that, if they divoree, the husband will keep their marital home, Is this agreement cnforceable? — ANS-WW Yes, if the agreement is in writing, signed by bath parties, and acknowledged in the matter thal is required ta have a deed recarded, The granting of a divorce on the grounds of irretrievable breakdown of marriage is: — ANS-WWOnly permitted if all economic issues, including equitable distribution and support, and all issues regarding custody and visitation of any children have been resalyed, During a marriage, a wife deposils money gifted to her by her mather into a joint account, At the time of divorce, the wife claims that the gift was to her only, and would like the funds ta be considered separate property. Who has the burden of proof? - ANS-WwvThe wile because she is the one who is claiming the property is separate. Is a complaint in a divorcee action required to be verified? - ANS-WW Yes, unless the ground/claim for the divorce is adultery. The Department of Social Service's burden of proof in proceeding to terminate parental rights is: - ANS-WW Clear and convincing evidence, An order of protection in a family offense proceeding: ff - ANS-WwW If later violated, may result in a finding of contempt, resulting in a periad of incarceration, Effective October, 1 2019, the age of criminal respansibilily in New York is: - ANS- vvis Which of the following statements regarding a lawyer's obligation in the representation of a client is false? OPTIONS A) A lawyer must abide by a client's decisions on objectives of the representation. 1B) A lawyer is obligated to zealously represent a client, C) A lawyer should accede to reasonable requests of opposing lawycrs regarding scheduling matters as long as the client's rights are not prejudiced. 1D) A lawyer may refuse to participate in conduct that the lawyer believes is unlawful, even if the client disagrees, — ANS-WWAKSWITR 1) A lawyer is obligated to zcalously represent a client. The comments to the Rules of Profes sugges sional Conduct are: — ANS-WWNon-—binding ians for interpretations issued by the New York State Bar Association, An attorney may NOT reveal a client confidence: OPTIONS A) To another attorney in a canfidential communication to gain cthical advice. B To collect a fee. SG To respond to the client's criticism of the attorney on a website, 1D) To prevent reasonably certain death, - ANS-WWANSWIR C) To respond to the client's criticism of the attorney on a website. I In a legal matter where a conflict of interest may be waived by a client under the Rules of Professional Conduet, is it necessary to confirm the waiver in writing? — ANS-WV Yes, cither the client or the lawyer must confirm the waiver in writing. In the process of representing an organization, one of its constiluents provided the lawyer with confidential information that is protected by the attorney-client privilege. The privilege can be waived: - ANS-WWOnly by the organization, because the privilege belongs to the organization, Under the New York Rules of Professional Conduct, an attorney in possession of funds belonging lo a client in connection with the allarney's practice of law: — ANS-WW May not commingle the funds with the lawyer's own Tunds, but must hold the funds in a bank that agrees to provide a dishonored check report to the Lawyer's ‘und for Client Protection, For what period after the events they record is a lawyer required to maintain records of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice of law? — ANS-WWSeyen years. The rules for lawyer advertising contained in the Rules of Prolessional Responsibility: — ANS-vWWvApplics to both public and private communications, Each owner is required to have an equal share of ownership when property is owned as: — ANS-WwW Joint Tenants or Tenancy by [ntirety. A lawyer who represents a seller in areal estate contract and who reccives a $5,000 deposit on the purchase price in trust for the seller and buyer: - ANS-WwW Must deposit the $5,000 in his attorney trust account. Pursuant to the election of remedies doctrine in New York, a mortgage lender, upon a mortgagce's default in payment, may: - ANS-WWCommence a foreclosure action, and only with leave of court, commence a civil action on the note. A lender foreclosed on a mortgage and the total judgement with interest at the time of sale was $500,000, At the foreclosure sale, the property sold for $350,000. Is the lender entitled to seek a deficiency judgement against the borrower if the court determines the market value of the property is $400,000? — ANS-WWANSWER Yes, in the amount of $100,000. EXPLANATION A defici and the fair market yaluc of the premises in foreclosure, ney judgement amount is the difference between the sales price The burden of proof in a civil action for a plaintiff sccking to establish title by adverse passession is: - ANS-WW Clear and convincing evidence. In order to satisfy the Statue of Frauds, a contract lor the sale of real property musl contain all of the following except: OPTIONS A) Purchase price. B) Description of the real property. C) An carnest deposit. 1D) Names of transacting partics. - ANS-WWANSWIR C) An carnest deposit. Which of the following docs NOT render the title to real property generally unmarketable? OPTIONS A) A mortgage, B) A beneficial easement, C) A restriclive cavenant, D) A significant encroachment. — ANS-WWANSWER 1) A beneficial casement. Under the CLPR Article 14, culpable canduct: OPTIONS A) Bars the recovery of the plaintiff, 13) Does not include implicd assumption of the risk. C) Does not include contributory negligence, 1) Is an affirmative defense that must be pleaded and proved by the defendant. — ANS-WWANSWIR 1) Is an affirmative defense that must be pleaded and proved by the defendant. Which ane of the following statements regarding the rules for joint and several liability set forth in Article 16 of the CPLR is true? — ANS-WvW It allows defendants to plead 
