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NYLE Module Questions & Answers 2025
When is a public hearing required? a) Always b) Never c) When a statute specifically requires it. d) When a statute exempts it. - ANS-WWc) When a statute specifically requires it. requirements of the State Administrative Procedures Act, The minimum due proce Article 3, include all of the following except: a) A hearing before an impartial decision maker. b) Notice and an opportunity to be heard. c) A determination that is based upon and limited to the record, d) An appeal at the agency level. - ANS-WwWd) An appeal at the agency level. An executive session may be canducted by a public bady: a) lollawing a majority vote of the public body taken in a public session identifying the topics to be discussed, b) Following a majority vote of the public body taken in a public session, bul the topics ta be discussed need not be identified, c) Upon a call for an executive session by the presiding officer of the public body identifying the topics to be discussed. d) Upon a call for an executive session by the presiding officer of the public body, but the topics to be discussed need not be identified. - ANS-WWa) Following a majority vate of the public body taken in a public session identifying the lopics Lo be discussed. At the time of its incorporation how many members must an a LLC haye? - ANS-vv 1 A vote of the sharcholders is required to: a) Amend the certificate of incorporation but not ta approve a merger. b) Approve a merger but not to amend the certificate of incorporatian. ¢) Both amend the certificate of incorporation and approve a merger. d) A vote of the sharchalders is NOT required to amend the certificate of incorporation or lo approve a merger. — ANS-WWc) Both amend the certificate of incorporation and approve a merger. Commencement of an action by electronic filing: a) Is permitted in every action brought in the State of New York. b) Is required only in those types of cases as determined by the rules of the county in which the action is commenced, c) Is required for every action brought in the State of New York. d) Is not permitted for any action in the State of New York. - ANS-Wwvb) Is required only in those types of cases as determined by the rules of the county in which the action is commenced. The proper yenue in an action against a municipality is: a) Any county in New York State. b) Always Albany County, regardless of where the municipality is located. c) Always New York County, regardless of where the municipality is located. d) The county in which the municipality is located. - ANS-Wvd) The county in which the municipality is located. May an attorney serve a trial subpocna for the production of documents for the trial of a civil action? a) Yes, and the responsive documents must be delivered in all casas to the court. b) Yes, and the attorney may direct that the responsive documents are served directly on the altorney, as long as they give notice la the opposing party. c) No, because a trial subpoena may anly be issued by the caurt. d) No, because documents may not be subpoenaed after discayery is complete. — ANS-WWb) Yes, and the altorney may direct that the responsive documents are served directly on the attorney, as long as they give notice to the opposing party. 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: a) Has not begun to run. b) Will run from the date the order was entered. c¢) Will run from the date the order was served. d) Will begin to run ance the adverse party reccives the order, - ANS-WWa) Has not begun to run, 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: a) Whether the nonresident is domiciled in a jurisdiction located outside of the United States. b) Whether the action has been timely brought under New York law. c) Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute. d) Whether there is a law in New York relevant to the dispute that protects New York residents. —- ANS-WWc) Whether there is an actual conflict between the laws af New York and the other jurisdiction that governs the parties’ dispute. In a breach of contract action commenced in New York, concerning a contract executed in State X and performed in State Y, if there exists a conflict among the laws of the three states, the New York court shauld apply the substantive law of: a) New York, because it is the forum state. b) State X, because the cantract was executed there. c) Stale Y, because the contract was performed there, d) The jurisdiction which has the most significant contacts with the transaction and the parties, - ANS-WWd) The jurisdiction which has the most significant contacts with the transaction and the parties. A husband and wifc, both of whom turned 18 last month, entered into a contract to borrow moncy from a bank to purchase a home when they were 17. May they disalfirm the contract now that they have turned 18? a) Yes, because an infant may disaffirm any contract that the infant entered into prior to reaching the age of 18, b) Yes, because a contract entered into by an infant to borrow money to purchase a home may always be disaffirmed c) No, because there is no right to disaffirm a contract entered into at age 17. d) No, because a marricd couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home. — ANS-WwW 4d) No, because a married couple may nat disalfirm a contract they entered into as inlants to borrow money to purchase a home. In order to be enforced, a contract which is subject to the statute of frauds: a) Must be a paper document signed by the party to be charged. b) May be in an email signed by the party to be charged. c) Must be a paper document signed by all of the parties to the contract. b) Will be transferred to County Court. c) Will be transferred to the Court of Appeals. d) Will be transferred to City Court. - ANS-WWvb) Will be transferred to County Court. A charge of vehicular assault in the second degree may arise from any of the following aclivilies, except: a) Driving a boat while under the influence of drugs. b) Driving a snowmobile while intoxicated. c) Driving an all-terrain vehicle while texting. c) Driving a motor vehicle while talking on a cell phone. - ANS-WWc) Driving a motor vehicle while talking on a cell phone. Whether a person has acted under extreme emotional disturbance for which there is a reasonable explanation is determined from the viewpoint of: a) A reasonable person under similar circumstances. b) A person in the defendant's situation, under the same circumstances. c) A person in the defendant's situation, under the circumstances as a reasonable person would belicye them to be. d) A person in the defendant's situation, under the circumstances as the defendant believed them ta be. - ANS-WWd) A person in the defendant's situation, under the circumstances as the defendant believed them to be. The lack of consent by the alleged victim of a sex crime may be based on any of the following circumstances, except the victim being: a) 17 years-old. b) Asleep. c) Unconscious. d) In fear of immediate physical injury based on an implicd threat. - ANS-WWa) 17 years-old. The fourth level of police intrusion under People v. DeBour is the right of a police officer lo: a) Stop and request information, b) Stop and interrogate. c¢) Stop and detain. d) Stop and frisk. - ANS-WWd) Stop and frisk. Which one of the following statements regarding search warrants is false? a) New York and federal law have distinct differences regarding the legal requirements for issuance of a search warrant. b) An application for a search warrant may be verbal or in writing with sworn allegations of fact. c) A search warrant may be based on reasonable suspicion. d) A search warrant must be executed by the police within ten days. - ANS-WWve) A search warrant may be based on reasonable suspicion, Which ane of the following statements regarding the rules of evidence is false? a) Evidence thal is prejudicial is evidence thal is likely to confuse or mislead the jury or cause the jury to decide the case on an crroncous ground or cause unduc delay. b) Evidence is relevant if it tends to prove or disprove a material fact, An attorney may NOT reveal a client confidence: a) To another attorney in a confidential communication ta gain athical advice. b) To collect a fee. c) To respond to the client's criticism of the attorney on a website. d) To preyent reasonably certain death, - ANS-WWc) To respond to the client's erilicism of (he allorney on a website. In a legal matter where a conflict of interest may be waived by a client under the Rules of Professional Conduct, is it necessary to confirm the waiver in writing? a) Yes, the client must confirm the waiver in writing. b) Yes, cither the client or the lawyer must confirm the waiver in writing. c) Yes, both the client and lawycr must confirm the waiver in writing. d) No, but it is advisable for the lawyer to confirm the waiver in wriling, - ANS-Vv b) Yes, either the client or the lawyer must confirm the waiver in writing. For what period of time after the events they record is a lawyer required to maintain records of deposits, withdrawals, and disbursements of funds that coneern the lawyer's practice of law? a) Five years b) Six ycars. c) Seven years. d) Ten years. - ANS-WWvc) Seven years. By paying the altorney registration fee, an attorney is contributing Lo which ane of the following organizations? a) The New York State Bar Association Committee an Professional lithics. b) The American Bar Association Committee on Professional [thics. c) The New York Lawyer's Itund for Client Protection. d) The New York State Grievance Committee. - ANS-WWc) The New York Lawyer's Fund for Client Protection. The Rules of Professional Responsibility prohibit a lawyer's in-person solicitation for the purpose of retention of the lawyer: a) Ifa significant motive of the lawyer is pecuniary gain and the person is not an existing client. b) If a significant motive of the lawyer is pecuniary gain regardless of whether the person is an existing client. c) Anytime the lawyer is likely to reccive pecuniary gain regardless of whether the person is an existing client. d) Regardless of the lawyer's motive or whether the person is an existing client. — ANS-W¥Wa) If a significant motive of the lawyer is pecuniary gain and the person is not an existing client, A lawyer's failure to mect the biannual attorney registration requirement: a) Is nat professional misconduct. but will result in a judgment against the lawyer. b) Is not professional misconduct, but will suspend the lawyer's driving privileges. c) Is professional misconduct that may result in a disciplinary suspension. d) Is professional misconduct that may result in an administrative suspension. — ANS-Wv¢e) Is professional misconduct that may result in a disciplinary suspension. A periodic tenancy: a) Must be created by a lease. b) May be terminated by the tenant but not the landlord. greater of the proportionate share of liability of the settling defendant ar the amount that the settling defendant paid, Which one of the following statements is true regarding whether a particular violation canslitules negligence per se or some evidence of negligence? a) A traffic violation under the Vehicle and Traffic Law is some evidence of negligenee. b) A violation of a municipal ordinance prohibiting the use of fireworks is negligence per se, c) A violation of a safety regulation under 241 (6) of the Labor Law is some evidence of negligence. d) A violation of a Department of Health regulation requiring inspections of public swimming pools is some evidence of negligence. - ANS-WW 4d) A violation of a Department of Health regulation requiring inspections of public swimming pools is some evidence of negligence, The right to privacy under New York Law: a) Was created under common law. d) [extends to private individuals while alive and deccased. c) Applics to newsworthy events and matters of public interest. d) If violated could give rise to a civil action and can constitute a misdemeanor, — ANS-W Wd) If violated could give rise to a civil action and can constitute a misdemeanor. Under the no-Sault law, first-party benefits made to reimburse a party for basic economic loss up to $50,000 may include: a) Up to $5,000 for property damage, b) Lost wages, without limitation as to time, up to $2,000 per manth. c) Medical expenses, provided they are incurred within one year of the date of the accident. d) Medical expenses, whenever incurred, provided the need far such services is ascertainable within one year of the date of the accident. - ANS-WWd) Medical expenses, whenever incurred, provided the need for such services is ascertainable within one year of the date of the accident. In an action against a municipality to recover damages for the failure of the municipality to provide police protection resulting in injury to the plaintiff, which of the follawing is NOT required in order to prove that the municipality had a “special relationship” with the plaintilf? a) An assumption by the municipality of an affirmative duly to act on behalf of the plaintiff. b) Knowledge on the part of the municipality's agents that inaction could lead to harm. c) Reckless or intentional conduct on part of the municipality's agents. d) The plaintiff's justifiable reliance on the municipality's affirmative undertaking. — ANS-W¥Wvc) Reckless or intentional conduct an part of the municipality's agents. Which one of the following statements regarding a Health Care Proxy is false? a) The principal cannot have two people acting at the same time as her proxy. b) In order to appoint a health care agent. the principal must be an adult, c) In order to execute a Health Care Proxy, the principal must be able to sign her own name. d) The agent's authority commences only when the principal lacks capacity. - ANS- Vv c) In order lo execute a Health Care Proxy, the principal must be able lo sign her own name, Under a duly exccuted power of attorney, an agent: a) The testator must sign the will in the presence of two attesting witnes CS, b) The testator may sign the will in the presence of two attesting witnesses or he may acknowledge his signature to the witnesses. c) The two attesting witnesses must sign in the presence of cach other. d) The two attesting witness s need not sign in the presence of cach other and may sign at any time after the testator has signed the will, - ANS-WWb) The testator may sign the will in the presence of two atlesting wilnesses or he may acknowledge his signature to the witnesses. If one of two attesting witnesses to a willis also a beneficiary under the will and a distributee of the testator, the will may nonetheless be admitted to probate: a) But the witness—bencficiary may not reccive any share of the estate. b) And the witness—beneficiary is entitled to take under the will in an amount not grealer than his inlestale share, c) And the witness—beneficiary may take the full amount of any bequest to him under the will. d) If one of two attesting wilnesses lo a will is also a beneliciary under the will, the will may nat be admitted to probate. - ANS-WwWb) And the witness—benceficiary is entitled to take under the will in an amount not greater than his intestate share. In order to have a joint interest in real property pass under a testator's will, title to the real property must be held by the testator and a second person as: a) Joint tenants with right of survivorship, b) Tenants in common, only. c) Tenants by the entirety, only. d) Either tenants in common or tenants by the entirety. - ANS-WWb) Tenants in common, only, 
