NY BAR REVIEW 4

Question 1

Rulemaking

Answer 1

power to make

statutory procedures

Question 2

Publication of rules

Answer 2

NY codes rules and regulations

The state register

Question 3

Adjudication

Answer 3

statutory authority
required process
res judicata and collateral estoppel effect
agency power to acquire information

Question 4

Judicial review

Answer 4

preconditions to judicial review

review of agency actions

Question 5

Public disclosure

Answer 5

freedom of information law
open meetings law
reporting and recordkeeping requirements

Question 6

Business Corporations

Formation and nature

Answer 6

certificate of incorporation
adoption, amendment and repeal of by laws
business corporation law revision

Question 7

Business Corporations

Management and control

Answer 7

sharholders
directors
officers - election and removal
duties and liabilities of shareholders, officers and directors

Question 8

Business Corporations

Professional service corporations

Answer 8

requirements

professional relationships and liabilities

Question 9

Limitied liability companies

Answer 9

articles of organization, publication

Question 10

Limited liability companies

Management

Answer 10

operating agreement

by members or managers

Question 11

Limited liability companies

Professional service limited liability companies

Answer 11

requirements

professional relationships and liabilities

Question 12

Partnerships

Formation and Nature

Answer 12

general partnerships
limited partnerships
registered limited liability partnerships

Question 13

Civil practice and procedure

Organization of NY’s court system and subject matter jurisdiction of NY courts

Answer 13

principal appellate courts
principal trial courts
other courts

Question 14

Commencement of action and service of process

Answer 14

commencement by filing, including electronic filing
service of process
service outside NY

Question 15

Personal Jurisdiction

Answer 15

traditional bases for jurisdiction

long arm jurisdiction

Question 16

Venue and forum non conveniens

Answer 16

proper venue for various types of actions
change of venue
forum non conveniens

Question 17

Limitations of time

Answer 17

statutes of limitations for various types of actions
claims against municipalities
tolling
new action following termination

Question 18

Appearances and pleadings

Answer 18

defendant's appearance
change or withdrawal of attorney
types of pleadings
responsive pleadings
cross claims and counterclaims
verification of pleadings
amended and supplemental pleadings
bill of particulars

Question 19

Parties

Answer 19

necessary and proper parties

third party practice

Question 20

Provisional remedies

Answer 20

attachment
injunction
notice of pendency

Question 21

Motions

Answer 21

motion to dismiss
motion for summary judgment
motion for relief from judgment or order
motion practice

Question 22

Disclosure

Answer 22

scope of disclosure

use of interrogatories

Question 23

Special proceedings

Answer 23

generally

proceeding against body or officer

Question 24

Alternative dispute resolution

Answer 24

arbitration
mediation
other forms of alternative dispute resolution

Question 25

Trial by a jury

Answer 25

Note of issue and certificate of readiness
demand and waiver of trial by jury
number of jurors and verdicts
peremptory challenges, challenges for cause, alternate jurors