NYLE Exam Questions And Correct
Answers| Latest Update| Score 100%
If a non-resident commences an action against a D who has a condo in NY county,
but travels to Columbia County to their farmhouse every weekend, the D's residence
for the purpose of venue would be: - ANSWER-Either Columbia County or NY
County.
The proper venue in an action against a municipality is: - ANSWER-The county in
which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury
ANSWER C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of
the court: - ANSWER-Time has not begun to run.
Verification of an answer to a complain is: - ANSWER-Mandatory in the answer if it is
verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
ANSWER-One year and 90 days.
A party who applies for a temporary restraining order: - ANSWER-Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: -
ANSWER-Has no probative value with respect to facts asserted therein.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered evidence by an adverse party, the documents
are: - ANSWER-Presumed to be authentic, but are not necessarily admissible.
If a party to an action wishes to seek relief on an expedited basis, the party should
file: - ANSWER-An order to show cause.
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: - ANSWER-Has not yet begun.
In a civil action, the deposition of an opposing party's expert: - ANSWER-Only
permitted in any case upon agreement of all parties.
,If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered into evidence by an adverse party, the
documents are: - ANSWER-Presumed to be authentic, but are not necessarily
admissible.
The time to perfect an appeal to the Appellate Division runs from the date the notice
of appeal was filed and is: - ANSWER-Six months, but a dismissal for failure to
timely perfect may be vacated.
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: - ANSWER-
Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does
not regulate the conduct at issue. In an action in New York between New York
residents to recover damages for injuries sustained in an accident in State X, which
injuries were caused by the defendant having engaged in the particular activity, the
law of which State will apply in determining liability? - ANSWER-State X, because
the State in which the accident took place is conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in
State X, apply the law of: - ANSWER-NY law because law is loss allocating and the
residents are both from NY.
In an action in New York for breach of an employment contract, a New York court will
always apply the law of: - ANSWER-The jurisdiction with the most significant
contacts with the matter in dispute.
A testator executed her will in New York while domiciled here. If the testator
subsequently dies in State X while domiciled there, owning real property in New York
and personal property in State X, the law of which state will determine the disposition
of the testator's estate? - ANSWER-New York as to the testator's real property and
State X as to the testator's personal property.
May an infant, whose parent signed a contract permitting the use of the infant's
photographs for publicity purposes, disaffirm the contract once she reaches the age
of 18? - ANSWER-No, because the contract signed by the parent was permissible
under New York Civil Rights Law and could not be disaffirmed by the infant.
Pursuant to the Statute of Frauds, all of the following must be writing to be
enforceable except:
OPTIONS
A) A promise to answer for the debt default or miscarriage of another person.
B) A promise to pay a debt that was discharged in bankruptcy.
C) A contract relating to the division of assets between a husband and wife.
D) A contract for snow removal the term of which is six months and which is effective
immediately.
ANSWER D) A contract for snow removal the term of which is six months and which
is effective immediately.
,A husband and wife, both of whom turned 18 last month, entered into a contract to
borrow money from a bank to purchase a home when they were 17. May they
disaffirm the contract now that they have turned 18? - ANSWER-No, because a
married couple may not disaffirm a contract they entered into as infants to borrow
money to purchase a home.
A litigant who wishes to avoid contractual obligations based on unconscionability
must show: - ANSWER-Both substantive and procedural unconscionability.
Does an attorney who is hired at-will at a law firm but who was subsequently fired for
objecting to unethical conduct have a viable cause of action for wrongful termination
against the law firm? - ANSWER-Yes, because there is an implied duty of good faith
on the part of the law firm that limits the law firm's right to terminate the employment
of an attorney for objecting to allegedly unethical conduct.
In a breach of contract action, extrinsic evidence is admissible: - ANSWER-To
explain the meaning of an agreement only if the court determines that the agreement
is ambiguous on its face.
Which one of the following statements is not true regarding a constructive trust?
OPTIONS
A) It is an equitable remedy for purpose of preventing unjust enrichment.
B) It generally requires a promise to hold property in trust for another.
C) It generally requires a wrongful act.
D) It generally requires a confidential or fiduciary duty. -
ANSWER C) It generally requires a wrongful act.
Ignorance of the law: - ANSWER-Is never a defense to any criminal charges.
A person who caused the death of another person while driving while intoxicated
would most likely be charged with: - ANSWER-Criminally negligent homicide.
Which of the following is not considered an affirmative defense to a criminal charge:
OPTIONS
A) Entrapment
B) Renunciation
C) Duress
D) Justification -
ANSWER D) Justification
A showing that the defendant charged with murder in the second degrees was
experiencing an extreme emotional disturbance at the time he committed the crime: -
ANSWER-Could be a basis for reducing the murder charge to a manslaughter
charge.
The defense of entrapment: - ANSWER-Must be proven by the defendant by a
preponderance of the evidence.
, The District Courts located on Long Island have criminal jurisdiction over: -
ANSWER-Misdemeanors and violations only. ff
If, while a case is being presented in a town court the defendant is indicted, the case:
- ANSWER-Will be transferred to County Court.
A charge of vehicular assault in the second degree may arise from any of the
following activities, except: - ANSWER-Driving a motor vehicle while talking on a cell
phone.
A charge of vehicular assault in the second degree may arise from any of the
following activities except:
OPTIONS
A) Driving a boat while under the influence of drugs.
B) Driving a snowmobile while intoxicated.
C) Driving an all-terrain vehicle while texting.
D) Driving a motor vehicle while talking on a cell phone.
- ANSWER D) Driving a motor vehicle while talking on a cell phone.
The crime of gang assault under the New York Penal law requires: - ANSWER-
Physical injury or serious physical injury to another person.
A defendant entered a store to rob it carrying a loaded gun. He shot the gun into the
air hoping to scare the cashier, but the bullet struck a light fixture causing it to fall on
the cashier's head, killing him. The defendant is guilty of:
OPTIONS
A) Manslaughter
B) Criminally negligent homicide
C) Felony murder
D) Depraved indifference murder -
ANSWER C) Felony murder
Whether a person has acted under extreme emotional disturbance for which there is
a reasonable explanation is determined from the viewpoint of: - ANSWER-A person
in the defendant's situation, under the circumstances as the defendant believed them
to be.
Which of the following statements regarding sexual offenses in New York is false?
OPTIONS
A) Forcible compulsion includes intentionally, by a threat, placing a person in fear of
physical injury.
B) New York recognizes marital rape.
C) Conviction may not be based solely on the testimony of the victim.
D) Intoxication is not a defense.
- ANSWER C) Conviction may not be based solely on the testimony of the victim.
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: - ANSWER-17 years old
Answers| Latest Update| Score 100%
If a non-resident commences an action against a D who has a condo in NY county,
but travels to Columbia County to their farmhouse every weekend, the D's residence
for the purpose of venue would be: - ANSWER-Either Columbia County or NY
County.
The proper venue in an action against a municipality is: - ANSWER-The county in
which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury
ANSWER C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of
the court: - ANSWER-Time has not begun to run.
Verification of an answer to a complain is: - ANSWER-Mandatory in the answer if it is
verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
ANSWER-One year and 90 days.
A party who applies for a temporary restraining order: - ANSWER-Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: -
ANSWER-Has no probative value with respect to facts asserted therein.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered evidence by an adverse party, the documents
are: - ANSWER-Presumed to be authentic, but are not necessarily admissible.
If a party to an action wishes to seek relief on an expedited basis, the party should
file: - ANSWER-An order to show cause.
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: - ANSWER-Has not yet begun.
In a civil action, the deposition of an opposing party's expert: - ANSWER-Only
permitted in any case upon agreement of all parties.
,If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered into evidence by an adverse party, the
documents are: - ANSWER-Presumed to be authentic, but are not necessarily
admissible.
The time to perfect an appeal to the Appellate Division runs from the date the notice
of appeal was filed and is: - ANSWER-Six months, but a dismissal for failure to
timely perfect may be vacated.
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: - ANSWER-
Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does
not regulate the conduct at issue. In an action in New York between New York
residents to recover damages for injuries sustained in an accident in State X, which
injuries were caused by the defendant having engaged in the particular activity, the
law of which State will apply in determining liability? - ANSWER-State X, because
the State in which the accident took place is conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in
State X, apply the law of: - ANSWER-NY law because law is loss allocating and the
residents are both from NY.
In an action in New York for breach of an employment contract, a New York court will
always apply the law of: - ANSWER-The jurisdiction with the most significant
contacts with the matter in dispute.
A testator executed her will in New York while domiciled here. If the testator
subsequently dies in State X while domiciled there, owning real property in New York
and personal property in State X, the law of which state will determine the disposition
of the testator's estate? - ANSWER-New York as to the testator's real property and
State X as to the testator's personal property.
May an infant, whose parent signed a contract permitting the use of the infant's
photographs for publicity purposes, disaffirm the contract once she reaches the age
of 18? - ANSWER-No, because the contract signed by the parent was permissible
under New York Civil Rights Law and could not be disaffirmed by the infant.
Pursuant to the Statute of Frauds, all of the following must be writing to be
enforceable except:
OPTIONS
A) A promise to answer for the debt default or miscarriage of another person.
B) A promise to pay a debt that was discharged in bankruptcy.
C) A contract relating to the division of assets between a husband and wife.
D) A contract for snow removal the term of which is six months and which is effective
immediately.
ANSWER D) A contract for snow removal the term of which is six months and which
is effective immediately.
,A husband and wife, both of whom turned 18 last month, entered into a contract to
borrow money from a bank to purchase a home when they were 17. May they
disaffirm the contract now that they have turned 18? - ANSWER-No, because a
married couple may not disaffirm a contract they entered into as infants to borrow
money to purchase a home.
A litigant who wishes to avoid contractual obligations based on unconscionability
must show: - ANSWER-Both substantive and procedural unconscionability.
Does an attorney who is hired at-will at a law firm but who was subsequently fired for
objecting to unethical conduct have a viable cause of action for wrongful termination
against the law firm? - ANSWER-Yes, because there is an implied duty of good faith
on the part of the law firm that limits the law firm's right to terminate the employment
of an attorney for objecting to allegedly unethical conduct.
In a breach of contract action, extrinsic evidence is admissible: - ANSWER-To
explain the meaning of an agreement only if the court determines that the agreement
is ambiguous on its face.
Which one of the following statements is not true regarding a constructive trust?
OPTIONS
A) It is an equitable remedy for purpose of preventing unjust enrichment.
B) It generally requires a promise to hold property in trust for another.
C) It generally requires a wrongful act.
D) It generally requires a confidential or fiduciary duty. -
ANSWER C) It generally requires a wrongful act.
Ignorance of the law: - ANSWER-Is never a defense to any criminal charges.
A person who caused the death of another person while driving while intoxicated
would most likely be charged with: - ANSWER-Criminally negligent homicide.
Which of the following is not considered an affirmative defense to a criminal charge:
OPTIONS
A) Entrapment
B) Renunciation
C) Duress
D) Justification -
ANSWER D) Justification
A showing that the defendant charged with murder in the second degrees was
experiencing an extreme emotional disturbance at the time he committed the crime: -
ANSWER-Could be a basis for reducing the murder charge to a manslaughter
charge.
The defense of entrapment: - ANSWER-Must be proven by the defendant by a
preponderance of the evidence.
, The District Courts located on Long Island have criminal jurisdiction over: -
ANSWER-Misdemeanors and violations only. ff
If, while a case is being presented in a town court the defendant is indicted, the case:
- ANSWER-Will be transferred to County Court.
A charge of vehicular assault in the second degree may arise from any of the
following activities, except: - ANSWER-Driving a motor vehicle while talking on a cell
phone.
A charge of vehicular assault in the second degree may arise from any of the
following activities except:
OPTIONS
A) Driving a boat while under the influence of drugs.
B) Driving a snowmobile while intoxicated.
C) Driving an all-terrain vehicle while texting.
D) Driving a motor vehicle while talking on a cell phone.
- ANSWER D) Driving a motor vehicle while talking on a cell phone.
The crime of gang assault under the New York Penal law requires: - ANSWER-
Physical injury or serious physical injury to another person.
A defendant entered a store to rob it carrying a loaded gun. He shot the gun into the
air hoping to scare the cashier, but the bullet struck a light fixture causing it to fall on
the cashier's head, killing him. The defendant is guilty of:
OPTIONS
A) Manslaughter
B) Criminally negligent homicide
C) Felony murder
D) Depraved indifference murder -
ANSWER C) Felony murder
Whether a person has acted under extreme emotional disturbance for which there is
a reasonable explanation is determined from the viewpoint of: - ANSWER-A person
in the defendant's situation, under the circumstances as the defendant believed them
to be.
Which of the following statements regarding sexual offenses in New York is false?
OPTIONS
A) Forcible compulsion includes intentionally, by a threat, placing a person in fear of
physical injury.
B) New York recognizes marital rape.
C) Conviction may not be based solely on the testimony of the victim.
D) Intoxication is not a defense.
- ANSWER C) Conviction may not be based solely on the testimony of the victim.
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: - ANSWER-17 years old
