NYLE Complete Exam Study Questions and Expert Graded A+ Answers | Latest Edition

NYLE Complete Exam Study Questions and Expert Graded A+ Answers | Latest Edition 1. What is the highest court in the court system in NY? - ANSWER Court of Appeals 2. Does the NY Court of Appeals have original jurisdiction? - ANSWER NO! Exercises only appellate jdx in crim and civil cases w/o regard to the amount in controversy. 3. The NY Court of Appeal’s jurisdiction is limited to questions of ________! - ANSWER Law 4. County Courts exist in ______________________. - ANSWER ALL counties outside of NYC 5. Jurisdiction of a _______ Court includes: Actions and proceedings to recovery money where (1) the amount sought to be recovered does not exceed $25,000; AND (2) one of the following applies: (a) every defendant resides in the county, (b) a defendant has an office for transaction of business within the county and the cause of action arose in the county, or (c) the defendant is a foreign corporation doing business in the county and the CoA arose in the county. - ANSWER County 6. True or False: a COUNTY Court also has jurisdiction over various actions and proceedings involving real property located within the county, without regard to any dollar amount or contacts of defendants to the county, including summary proceedings for eviction and actions and proceedings - ANSWER TRUE 7. County Courts have jurisdiction over ____________________! - ANSWER ALL crime matters but primarily hear felonies. 8. County Courts in the _________ Departments ALSO have jurisdiction over _________ from any of the district, city, town, and village courts within the county in BOTH civil and criminal proceedings. - ANSWER 3rd and 4th; appeals 9. _____________ Court has jurisdiction over all proceedings relating to the probate of wills, administration of estates, lifetime trusts, and guardianship of the property of minors. - ANSWER Surrogate's 10. What Court has CONCURRENT jurisdiction with Family Court over adoptions? - ANSWER Surrogate's Court 11. Can a wrongful death action be brought in Surrogate's Court? - ANSWER NO, but SC has concurrent jdx over allocation + distribution of the proceeds of a wrongful death action. 12. Surrogate's Court has _____________ in matters over which it has jurisdiction. - ANSWER full equity powers 13. _____________ has jurisdiction over child abuse and neglect proceedings, proceedings to determine paternity, proceedings for the permanent termination of parental rights, person-in-need- of-supervision (PINS) proceedings, family offense proceedings (concurrent and simultaneous with the criminal courts), juvenile delinquency proceedings, adoptions, and dependent support proceedings. - ANSWER Family Court 14. Family Court Act 411 confers upon Family Court "________________" but its jurisdiction does NOT extend to proceedings for __________________. - ANSWER exclusive orig jdx over proceedings for support or maintenance; child or spousal support while an action for divorce is pending 15. The NY Supreme Court, as a court of general original jurisdiction, has exclusive jurisdiction over _____________. - ANSWER matrimonial actions 16. What do the NY Supreme Court and Family Court share concurrent jurisdiction over? - ANSWER support matters and post-divorce jdx to enforce or modify an underlying support order (issued by the Supreme Court) 17. The New York City Civil Court has jurisdiction within the City of New York over actions and proceedings for the ___________ where the amount sought to be recovered does ___________. - ANSWER recovery of money; not exceed $25k 18. Appellate Division of the Supreme Court: The Appellate Division is a single statewide appellate court, divided into _________ judicial departments. - ANSWER 4 19. The Appellate Division of the Supreme Court is the ____________ court for BOTh criminal and civil cases. - ANSWER principal intermediate appeals 20. Pursuant to the doctrine of stare decisis, trial courts in a given department are required to follow precedent set by the _____________ until the Court of Appeals or the Appellate Division for the department in which the trial court sits _____________. - ANSWER Appellate Division for another department; pronounces a contrary rule 21. Each department of the Appellate Division of the Supreme Court should __________________________________. - ANSWER accept the decisions of its sister Depts as persuasive authority, but is free to reach a contrary result! 22. Where do Appellate Terms of the Supreme Court exist? - ANSWER First and Second Judicial Departments 23. The Appellate Terms of both the First AND Second Departments hear appeals from the ____________, and the Appellate Term of the Second Department ALSO hears appeals from ________________. - ANSWER Civil Court of NY City; district, county, city, town, and village courts. 24. The NY Supreme Court has ______________________________. - ANSWER general original jurisdiction of ALL cases in law and equity w/o monetary limitation unless its jurisdiction has been specifically proscribed. 25. In some cases, jurisdiction of the NY Supreme Court is _________ with that of other courts. - ANSWER concurrent; 26. What actions/claims does the NY Supreme Court have exclusive subject matter jurisdiction over? - ANSWER matrimonial actions and wrongful death claims.