NY BAR REVIEW ESSAYS

Question 1

define what?

Answer 1

the legal issue,
the legal status
all definitions

Question 2

order in essay response

Answer 2

legal reasoning.
applicable rule of law.
statutory or common law.
analysis.
conclusion.

Question 3

pay attention in the question to the:

Answer 3

dates.
parties.
states.
timeliness of week, year, day, month.
objection.
events.
numbers in money, acres, shares, ages.

Question 4

oral

Answer 4

Said, called, phoned, conversation on street

Question 5

consent

Answer 5

Legally relevant or not when given, in rape- irrelevant

Question 6

negative words

Answer 6

No, not, without, doesn’t sign, does sign

Question 7

look out for the following actions

Answer 7

AMEND PLEADINGS
LEAVE OF COURT
DISPOSITIVE
OBJECTED OR DIDN’T OBJECT
GAVE NOTICE OR NOT

Question 8

merchant

Answer 8

Manufacturer, wholesaler, distributor

Question 9

agent

Answer 9

Contracts, fiduciary duties

Question 10

language

Answer 10

Contract, will, deed, trust, letter

Question 11

promoter

Answer 11

Corporate form

Question 12

LICENSEE

ASSIGNEE

Answer 12

Assign rt to another

Question 13

accomplice

Answer 13

Driving getaway car, stick up

Question 14

bailor / bailee

Answer 14

Tort, Article 2 of UCC, transfer of possession not title,

personal property

Question 15

look out for the following :

Answer 15

CARRIER
LENDER/BAILOR
BORROWER/BAILEE
DRIVING ANOTHER’S CAR

Question 16

RIGHT V. REMEDY

Answer 16

To obtain specific performance
Judicial means by which
rt enforced or wrong
Prevented

Question 17

EQUITABLE REMEDIES

PLAINTIFF

Answer 17

Legally relevant/valid/doesn’t matter???

Question 18

look out for the following :

Answer 18

• TIMELY NOTICE
• PHONE OR WRITING
• DOESN’T OBJECT

Question 19

PARTY 1 PARTY 2

Answer 19

Infant adult
Statute of limitation
Criminal law
Wills
Domestic relations
Commercial paper
Merchant non merchant
Article 2 UCC
Fiduciary non fiduciary
Owe duties
Negligent non negligent
Privities of contract not in privities
of
Contract
Right to sue
Distribute non distribute
Wills
Interested witness disinterested witness
Domiciliary non domiciliary
Domestic relations
Gave consideration didn’t give consideration
Contract
3
rd party credit 3
rd party incid.
Beneficiary. rts to enforce beneficiary. No rts
Contract
Alive dead
Survival claims
Solvent insolvent
Different rts
Article 2 UCC
Secured unsecured
Common law statutory law
Which 1?

Question 20

NO DISCUSSION REQUIRED

Answer 20

• duly
• on due notice BCL
• On proper notice. shareholder 10≤x≤16
• validly executed
• timely commenced, notice, objection
• proper/properly
Leave 5-10 blank lines at end “it should be noted”
NO: “I feel…”

Question 21

sales law

Answer 21

article 2 UCC

Question 22

corporation law

Answer 22

BCL

Question 23

wills law

Answer 23

EPTL, USDA

Question 24

NY practice law

Answer 24

cplr

Question 25

criminal law

Answer 25

NY penal law

Question 26

domestic relations law

Answer 26

DRL

Question 27

trusts law

Answer 27

EPTL

ny fiduciary power act

Question 28

partnership law

Answer 28

ny partnership law

Question 29

commercial paper law

Answer 29

article 3 of the ucc

Question 30

real property law

Answer 30

ny general obligations law.
statute of frauds.
ny real property law.
race notice statute

Question 31

vendor and purchaser law

Answer 31

uniform vendor and purchaser risk act law

Question 32

transaction law

Answer 32

secured transactions

art 9 of the ucc

Question 33

contract law

Answer 33

ny general obligations law.
consideration.
offer.
acceptance.
statute of frauds.

Question 34

torts

Answer 34

article 16 of cplr.

limited liability of joint tortfeasor for non economic damages.

Question 35

cars

Answer 35

non resident motorist statute.
ny vehicle and traffic law.
long arm statute.
if nj motorist v. ny

Question 36

municipal law

Answer 36

ny general municipal law

Question 37

is it a city, county,

Answer 37

village, town

Question 38

school board/district

Answer 38

within 1yr and 90 days.

sworn notice of claim within 90 days.

Question 39

mortgage law

Answer 39

ny real property law. mortgage. foreclosure.

Question 40

ny general obligations law

Answer 40

statute of frauds.
assumption of mortgage.
workers comp.

Question 41

ny comp

Answer 41

ensation law

Question 42

no fault

Answer 42

insurance

Question 43

ny insur

Answer 43

ance law

Question 44

first state the general rule of law, then state the

Answer 44

EXCEPTION - however…
theres an applicable exception.
OR
None of the exceptions to the general rule of law apply…

Question 45

how many exceptions to warrantless search?

Answer 45

6.
consent.
plain view.
evanescence.
stop and frisk.
hot pursuit.

Question 46

Merchant

Answer 46

Seller or buyer dealing w goods of a particular kind

Question 47

Jointly and severely liable

Answer 47

Both liable for amount and each liable for full amount.

Plaintiff may not recover more than full at from both.

Question 48

infant

Answer 48

Minor/ infant= under 18, age of majority

Question 49

constitutional law

Answer 49

21 yo

Question 50

laches

Answer 50

unreasonable delay.

prejudicial delay.

Question 51

goods

Answer 51

Art 2 of UCC

TV, car, crops, movable, personal property

Question 52

types of witnesses

Answer 52

interested witness

Question 53

witness who receives disposition under testator’s will

Answer 53

estates powers and trusts law

Question 54

quorum

Answer 54

BCL- min number required to be present at B(oard) O(f)
D(irectors) meeting to validly transact business.
BCL majority of entire board of directors, in absence of
contrary provision in certificate of incorporation or bylaws.

Question 55

fiduciary

Answer 55

Party acting in representative capacity for another

Question 56

consideration

Answer 56

Party giving it when incurs legal document or confers a

benefit

Question 57

merchantable title

Answer 57

Real property discovers if free from liens or

encumbrances

Question 58

good faith

Answer 58

Article 2 of UCC

Honesty in fact