NY BAR REVIEW 17

Question 1

for essay usage - the motion fails …

Answer 1

on these grounds

Question 2

for essay usage - the court was correct in …

Answer 2

granting the motion

Question 3

for essay usage - the prevailing view is..

Answer 3

…

Question 4

evidence is testimonial or communicative when it what?

Answer 4

reveals a person’s subjective knowledge or thought process

Question 5

NY does NOT allow fruits of a warrant to be admitted into evidence if what?

Answer 5

theyre the result of an illegally issued warrant.

NO GOOD FAITH EXCEPTION

Question 6

what is NY’s insanity defense?

Answer 6

mnaughten and model penal code.

Question 7

what is ny’s mnaughten and model penal code insanity defense definition?

Answer 7

a person is NOT criminally responsible forconduct if at time of conduct as a result of mental disease or defect, lacked capacity to know or appreciate nature and consequences of own conduct or that his conduct was wrong

Question 8

what is the 5th amm right to counsel?

Answer 8

custodial interrogation.

prevents ALL questioning

Question 9

what is the 6th amm right to counsel?

Answer 9

after formal proceeding began.

offense specific

Question 10

a matrimonial action can be heard before a ny court if?

Answer 10

1. one married and one resided one year prior.
2. 2 resided and one resided one year prior.
3. cause of action and one resided one year prior.
4. cause of action and both reside.
5. one resided 2 years prior.

Question 11

negligence requires to show what?

Answer 11

defendant owed duty of care to foreseeable plaintiff.
defendant breached that duty.
breach was cause in fact and proximate cause of plaintiff’s injuries.

Question 12

prior acts or crimes may be admissible to show what?

Answer 12

1. motive
2. opportunity
3. preparation
4. plan
5. knowledge
6. intent
7. identity
8. absence of mistake

Question 13

due process question

Answer 13

did the government take life, liberty, property and was it justified?

Question 14

equal protection question

Answer 14

how the government treats us relative to each other

Question 15

what are the types of real evidence?

Answer 15

direct.
circumstantial.
original.
prepared.

Question 16

evidence is either ____ or ____?

Answer 16

suppressed.

allowed.

Question 17

what are the factors court evaluates when determining an undue burden existence?

Answer 17

substantial nexus.
fair apportionment.
fair relationship.

Question 18

possibility of reverter is in whom?

Answer 18

the grantor

Question 19

executory interest is in whom?

Answer 19

a third person

Question 20

what is tort law?

Answer 20

general obligations law

Question 21

what is the law for wills?

Answer 21

estates powers and trusts law

Question 22

what is the law for corporations?

Answer 22

business corporations law

Question 23

what is the law for domestic relations?

Answer 23

NY domestic relations law.
Equitable distributions law.
NY family court act.

Question 24

what is the law for contracts/sales?

Answer 24

uniform commercial code

Question 25

what are the 11 specific intent crimes?

Answer 25

solicitation.
conspiracy.
attempt.
first degree murder.
assault as attempted battery.
larceny.
embezzlement.
false pretenses.
robbery.
burglary.
forgery.

Question 26

voluntary intoxication and any mistake of fact is a defense to which types of crimes?

Answer 26

specific intent

Question 27

constitutionality of law - necessary

Answer 27

race.

alienage

Question 28

constitutionality of law - substantial

Answer 28

gender.

illegitimacy.

Question 29

constitutionality of law - rational

Answer 29

wealth.

age.