NYLE - Sample Questions Flashcards
In order for a state agency to adopt an administrative rule pursuant to the State Administrative Procedure Act (SAPA), the agency must>
Submit notice of the proposed rule to the secretary of state for publication and afford the public an opportunity to submit comments on the proposed rule
In the absence of a controlling provision in its certificate of incorporation or by-laws, a director of a business corporation may be removed:
Only by vote of the shareholders and only for 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:
The lawyer and any person in the firm under his/her direct supervision and control
The application of a long-arm statute from another state it is not valid for the exercise of personal jurisdiction over a non-domiciliary as to a cause of action arising from an act >
For defamations committed within the state
The proper venue for an action by a non-resident of New York against a New York resident for specific performance of a contract entered into New York to sell real property located in New York is
The county in which the real property is located
In order to be timely, an action commenced in New York by a non-resident plaintiff against a resident of New York to recover damages for a claim that accrued in State X must be
Timely under both the law of New York and the law of State X
If pre-answer motion is made on any ground which of the following defenses is waived if not included in the motion
Lack of personal jurisdiction over the defendant
In an action in New York for breach of an employment contract, a New York court will always apply the law of
The jurisdiction with the most significant relationship to the transaction and the parties
If a contract is entered into under a mutual mistake of fact by the parties voidable and subject to rescission or reformation?
No, unless the mistake is both substantial and existed at the time the contract was entered into
Who has the burden of proof regarding an alibi at a criminal trial?
The prosecution, beyond reasonable doubt
In order for a police officer in New York to forcibly stop and detain a person, the officer must have
A reasonable suspicion that the person was involved in a felony or a misdemeanor
Is a witness’s testimony regarding his habit admissible in a negligence action to prove that his conduct confirmed to his habit on a specific occasion?
Yes, if the proof of the witness’s habit demonstrate a deliberate and repetitive practice by a person in complete control of the circumstances in which it is employed
In order for a prenuptial agreement to be valid and enforceable in New York, the agreement must be in writing, and
Subscribed by both parties and acknowledged in the same manner as a deed
Assuming no earlier emancipation, parents in New York are liable for support of a child only until
Age 21
Attorneys admitted to practice in New York are required to file registration statement and pay a registration fee
Evert two years, and the attorney must certify that a required amount of continuing legal education has been completed
Does a defendant in an action to foreclose a mortgage on real property have right to redeem the property by paying into court the full amount due on mortgage debt plus cost of action?
Yes, until the foreclosure sale takes place