NYLE Practice Exam Questions and Correct Answers
Question 1
Paul and Peter were married for 10 years and have two children. In 2019, Paul lost his job. The financial stress deteriorated
the marriage, which caused Peter to file for divorce. Peter is seeking joint custody and maintenance from Paul. How should
the court calculate maintenance and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently
Correct Answer
(C) "Maintenance shall be calculated prior to child support because the amount of maintenance shall be subtracted from
the payor's income and added to the payee's income as part of the calculation of the child support obligation." DRL §
236 (B) (6) (c) (1) (g).
Page 1 of 70
,Question 2
Susan and Carol got engaged on June 1, 2018. During this period, they discussed a pre-nuptial agreement and orally
agreed that neither party will pay alimony in the event of a divorce. The couple wed on June 1, 2019. One year and one day
later, Carol filed for divorce after Susan cheated on Carol. Susan is now an emotional wreck and has lost her job due to the
stress. May Susan seek alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
C. No, because a pre-nuptial agreement denying alimony to each party was formed
D. No, because the parties were not married for up to 10 years
Correct Answer
(B) "An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial
action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to
entitle a deed to be recorded." DRL § 236 (b)(3).
Page 2 of 70
,Question 3
Paul recently formed Company, Inc. and serves as its president. After establishing the board and shareholders, the
company now wants to hire an officer. The certificate of incorporation is silent on how an officer may be elected. The
company interviewed Jake and wants to elect him as an officer. How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake
Correct Answer
(C) "(a) The board may elect or appoint a president, one or more vice-presidents, a secretary and a treasurer, and such
other officers as it may determine, or as may be provided in the by-laws.
(b) The certificate of incorporation may provide that all officers or that specified officers shall be elected by the
shareholders instead of by the board." BCL § 715 (2021).
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, Question 4
Brandon sued his former friend, Jason, after Brandon fell to the ground and injured himself while leaving Jason’s property.
Brandon was on the property to confront Jason about lying, but he had visited the property several times in the past. If
Brandon loses the case, it will be because:
A. Brandon was a trespasser
B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee
Correct Answer
(C) New York courts have "abandoned the classifications [of licensee, trespasser, invitee] entirely and announced our
adherence to the single standard of reasonable care . . . ." Basso v Miller, 40 NY2d 233, 241 (1976). "An owner, lessee or
occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law ,
owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in
section seventy-one-y of the agriculture and markets law , canoeing, boating, trapping, hiking, cross-country skiing,
tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation
for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training
of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons
entering for such purposes." GOL 9-103.
Page 4 of 70
Question 1
Paul and Peter were married for 10 years and have two children. In 2019, Paul lost his job. The financial stress deteriorated
the marriage, which caused Peter to file for divorce. Peter is seeking joint custody and maintenance from Paul. How should
the court calculate maintenance and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently
Correct Answer
(C) "Maintenance shall be calculated prior to child support because the amount of maintenance shall be subtracted from
the payor's income and added to the payee's income as part of the calculation of the child support obligation." DRL §
236 (B) (6) (c) (1) (g).
Page 1 of 70
,Question 2
Susan and Carol got engaged on June 1, 2018. During this period, they discussed a pre-nuptial agreement and orally
agreed that neither party will pay alimony in the event of a divorce. The couple wed on June 1, 2019. One year and one day
later, Carol filed for divorce after Susan cheated on Carol. Susan is now an emotional wreck and has lost her job due to the
stress. May Susan seek alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
C. No, because a pre-nuptial agreement denying alimony to each party was formed
D. No, because the parties were not married for up to 10 years
Correct Answer
(B) "An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial
action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to
entitle a deed to be recorded." DRL § 236 (b)(3).
Page 2 of 70
,Question 3
Paul recently formed Company, Inc. and serves as its president. After establishing the board and shareholders, the
company now wants to hire an officer. The certificate of incorporation is silent on how an officer may be elected. The
company interviewed Jake and wants to elect him as an officer. How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake
Correct Answer
(C) "(a) The board may elect or appoint a president, one or more vice-presidents, a secretary and a treasurer, and such
other officers as it may determine, or as may be provided in the by-laws.
(b) The certificate of incorporation may provide that all officers or that specified officers shall be elected by the
shareholders instead of by the board." BCL § 715 (2021).
Page 3 of 70
, Question 4
Brandon sued his former friend, Jason, after Brandon fell to the ground and injured himself while leaving Jason’s property.
Brandon was on the property to confront Jason about lying, but he had visited the property several times in the past. If
Brandon loses the case, it will be because:
A. Brandon was a trespasser
B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee
Correct Answer
(C) New York courts have "abandoned the classifications [of licensee, trespasser, invitee] entirely and announced our
adherence to the single standard of reasonable care . . . ." Basso v Miller, 40 NY2d 233, 241 (1976). "An owner, lessee or
occupant of premises, whether or not posted as provided in section 11-2111 of the environmental conservation law ,
owes no duty to keep the premises safe for entry or use by others for hunting, fishing, organized gleaning as defined in
section seventy-one-y of the agriculture and markets law , canoeing, boating, trapping, hiking, cross-country skiing,
tobogganing, sledding, speleological activities, horseback riding, bicycle riding, hang gliding, motorized vehicle operation
for recreational purposes, snowmobile operation, cutting or gathering of wood for non-commercial purposes or training
of dogs, or to give warning of any hazardous condition or use of or structure or activity on such premises to persons
entering for such purposes." GOL 9-103.
Page 4 of 70
