NYLE NEW YORK LAW MAIN EXAMINATION SET
QUESTIONS AND ANSWERS RATED A+
✔✔May a police officer testify in a criminal trial that, when he responded to a hit and run
accident and asked the victim which way the driver sped off, the victim pointed in the
direction of the defendant's travel?
OPTIONS
A) Yes, because the victim's response was non-verbal and thus not hearsay.
B) Yes, because it falls under the admissions exception to the hearsay rule.
C) No, if offered to prove in what direction the defendant fled.
D) No, regardless of the purpose for which it is offered. - ✔✔ANSWER
C) No, if offered to prove in what direction the defendant fled.
✔✔To qualify under the admissions exception to the rule against hearsay, the
statement: - ✔✔Must be a statement of a party opponent.
✔✔Under the speaking agent rule in New York: - ✔✔A statement made by an
authorized agent is binding on the principal as an admission, only if the agent had
authority to speak on the matter on behalf of the principal.
✔✔Both the excited utterance and present sense impression exceptions to the hearsay
rule require that: - ✔✔Declarant has personal knowledge of the event.
✔✔Which one of the following statements concerning expert testimony is false?
OPTIONS
A) An expert relying on facts in the record of the trial is not required to lay out those
facts before stating her opinion, but must state those facts on cross-examination.
B) An expert relying on facts based on her personal knowledge which are not in the
record in the trial must lay out those facts before stating an opinion.
C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay
evidence is admissible in its own right.
D) An expert relying on hearsay evidence must show that the information is reliable or
the source of the information is available for cross-examination. - ✔✔ANSWER
C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay
evidence is admissible in its own right.
✔✔If a prospective client speaks with an attorney about the possibility of legal
representation on a matter, the client's communication will not be protected by the
attorney-client privilege if: - ✔✔The client permits a friend to be present during the
conversation.
✔✔Privilege stands in all the following scenarios except:
OPTIONS
A) The client does not in fact retain the attorney.
,B) The attorney's law clerk is present during the communication.
C) The client is a corporate representative.
D) The prospective client permits a friend to be present during the conversation. -
✔✔ANSWER
D) The prospective client permits a friend to be present during the conversation.
✔✔Which one of the following statements concerning expert testimony is false: - ✔✔An
expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence
is admissible in its own right. f
✔✔In New York, a Frye Hearing is proper if in a civil action an expert intends to give an
opinion: - ✔✔That is new or novel in terms of the science or methodology.
✔✔Does New York recognize common law marriages from other states? - ✔✔Yes,
unless the marriage would otherwise be prohibited by New York Law or involved incest
or bigamy.
✔✔After getting married, a couple agrees that, if they divorce, the husband will keep
their marital home. Is this agreement enforceable? - ✔✔Yes, if the agreement is in
writing, signed by both parties, and acknowledged in the matter that is required to have
a deed recorded.
✔✔The granting of a divorce on the grounds of irretrievable breakdown of marriage is: -
✔✔Only permitted if all economic issues, including equitable distribution and support,
and all issues regarding custody and visitation of any children have been resolved.
✔✔During a marriage, a wife deposits money gifted to her by her mother into a joint
account. At the time of divorce, the wife claims that the gift was to her only, and would
like the funds to be considered separate property. Who has the burden of proof? -
✔✔The wife because she is the one who is claiming the property is separate.
✔✔Is a complaint in a divorce action required to be verified? - ✔✔Yes, unless the
ground/claim for the divorce is adultery.
✔✔A divorced spouse wishes to seek a downward modification of his child support
obligation because his income has been reduced. Modification may be granted by the
reason of the reduced earnings only if: - ✔✔The gross income of the spouse seeking
modification has been reduced by 15% or more since the order was entered.
✔✔What is the earnings cap for the basic child support formula under the Child Support
Standards Act? - ✔✔$148,000
✔✔All of the following persons may properly file an action to establish paternity in
Family Court except: - ✔✔Social Services, on behalf of the Father.
,✔✔Which of the following statements regarding establishing paternity of an out-of-
wedlock child is false?
OPTIONS
A) Paternity may be established either by an order of filiation or an acknowledgement of
paternity.
B) An acknowledgement of paternity requires DNA testing.
C) An acknowledgement of paternity is binding after 60 days.
D) An acknowledgement of paternity has to be witnessed by two people. - ✔✔ANSWER
B) An acknowledgement of paternity requires DNA testing.
✔✔May a purported father properly seek to vacate an acknowledgement of paternity
once signed by him? - ✔✔Yes, after 60 days of signing the acknowledgement on the
ground that there was duress, fraud or a material mistake of fact.
✔✔The petitioner's burden of proof in an abuse and/or neglect proceeding is: - ✔✔A
preponderance of the evidence.
✔✔The Department of Social Service's burden of proof in proceeding to terminate
parental rights is: - ✔✔Clear and convincing evidence.
✔✔An order of protection in a family offense proceeding: ff - ✔✔If later violated, may
result in a finding of contempt, resulting in a period of incarceration.
✔✔Effective October, 1 2019, the age of criminal responsibility in New York is: - ✔✔18
✔✔Which of the following statements regarding a lawyer's obligation in the
representation of a client is false?
OPTIONS
A) A lawyer must abide by a client's decisions on objectives of the representation.
B) A lawyer is obligated to zealously represent a client.
C) A lawyer should accede to reasonable requests of opposing lawyers regarding
scheduling matters as long as the client's rights are not prejudiced.
D) A lawyer may refuse to participate in conduct that the lawyer believes is unlawful,
even if the client disagrees. - ✔✔ANSWER
B) A lawyer is obligated to zealously represent a client.
✔✔The comments to the Rules of Professional Conduct are: - ✔✔Non-binding
suggestions for interpretations issued by the New York State Bar Association.
✔✔An attorney may NOT reveal a client confidence:
OPTIONS
A) To another attorney in a confidential communication to gain ethical advice.
B) To collect a fee.
, C) To respond to the client's criticism of the attorney on a website.
D) To prevent reasonably certain death. - ✔✔ANSWER
C) To respond to the client's criticism of the attorney on a website.
✔✔In a legal matter where a conflict of interest may be waived by a client under the
Rules of Professional Conduct, is it necessary to confirm the waiver in writing? -
✔✔Yes, either the client or the lawyer must confirm the waiver in writing.
✔✔In the process of representing an organization, one of its constituents provided the
lawyer with confidential information that is protected by the attorney-client privilege. The
privilege can be waived: - ✔✔Only by the organization, because the privilege belongs to
the organization.
✔✔Under the New York Rules of Professional Conduct, an attorney in possession of
funds belonging to a client in connection with the attorney's practice of law: - ✔✔May
not commingle the funds with the lawyer's own funds, but must hold the funds in a bank
that agrees to provide a dishonored check report to the Lawyer's Fund for Client
Protection.
✔✔For what period after the events they record is a lawyer required to maintain records
of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice
of law? - ✔✔Seven years.
✔✔The rules for lawyer advertising contained in the Rules of Professional
Responsibility: - ✔✔Applies to both public and private communications.
✔✔Pursuant to the Rules of Professional Responsibility, a lawyer may not act
dishonestly by making a misrepresentation of fact to another: - ✔✔Whether or not in the
practice of law, representing a client, or dealing with a third person.
✔✔An attorney who is experiencing problems with chronic stress, depression, alcohol
or substance abuse or other addictions may obtain confidential and free assistance from
which one of the following agencies: - ✔✔The State Bar Lawyer Assistance Program.
✔✔By paying the attorney registration fee, an attorney is contributing to which one of
the following organizations? - ✔✔The New York Lawyer's Fund for Client Protection.
✔✔In order for a lawyer to accept a referral fee from another lawyer who is not
associated with his firm: - ✔✔The client must be apprised of the referral fee and agree
to it.
✔✔A lawyer when dealing with an unrepresented party who may be a potential adverse
party: - ✔✔Must not impart legal advice except to secure counsel.
QUESTIONS AND ANSWERS RATED A+
✔✔May a police officer testify in a criminal trial that, when he responded to a hit and run
accident and asked the victim which way the driver sped off, the victim pointed in the
direction of the defendant's travel?
OPTIONS
A) Yes, because the victim's response was non-verbal and thus not hearsay.
B) Yes, because it falls under the admissions exception to the hearsay rule.
C) No, if offered to prove in what direction the defendant fled.
D) No, regardless of the purpose for which it is offered. - ✔✔ANSWER
C) No, if offered to prove in what direction the defendant fled.
✔✔To qualify under the admissions exception to the rule against hearsay, the
statement: - ✔✔Must be a statement of a party opponent.
✔✔Under the speaking agent rule in New York: - ✔✔A statement made by an
authorized agent is binding on the principal as an admission, only if the agent had
authority to speak on the matter on behalf of the principal.
✔✔Both the excited utterance and present sense impression exceptions to the hearsay
rule require that: - ✔✔Declarant has personal knowledge of the event.
✔✔Which one of the following statements concerning expert testimony is false?
OPTIONS
A) An expert relying on facts in the record of the trial is not required to lay out those
facts before stating her opinion, but must state those facts on cross-examination.
B) An expert relying on facts based on her personal knowledge which are not in the
record in the trial must lay out those facts before stating an opinion.
C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay
evidence is admissible in its own right.
D) An expert relying on hearsay evidence must show that the information is reliable or
the source of the information is available for cross-examination. - ✔✔ANSWER
C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay
evidence is admissible in its own right.
✔✔If a prospective client speaks with an attorney about the possibility of legal
representation on a matter, the client's communication will not be protected by the
attorney-client privilege if: - ✔✔The client permits a friend to be present during the
conversation.
✔✔Privilege stands in all the following scenarios except:
OPTIONS
A) The client does not in fact retain the attorney.
,B) The attorney's law clerk is present during the communication.
C) The client is a corporate representative.
D) The prospective client permits a friend to be present during the conversation. -
✔✔ANSWER
D) The prospective client permits a friend to be present during the conversation.
✔✔Which one of the following statements concerning expert testimony is false: - ✔✔An
expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence
is admissible in its own right. f
✔✔In New York, a Frye Hearing is proper if in a civil action an expert intends to give an
opinion: - ✔✔That is new or novel in terms of the science or methodology.
✔✔Does New York recognize common law marriages from other states? - ✔✔Yes,
unless the marriage would otherwise be prohibited by New York Law or involved incest
or bigamy.
✔✔After getting married, a couple agrees that, if they divorce, the husband will keep
their marital home. Is this agreement enforceable? - ✔✔Yes, if the agreement is in
writing, signed by both parties, and acknowledged in the matter that is required to have
a deed recorded.
✔✔The granting of a divorce on the grounds of irretrievable breakdown of marriage is: -
✔✔Only permitted if all economic issues, including equitable distribution and support,
and all issues regarding custody and visitation of any children have been resolved.
✔✔During a marriage, a wife deposits money gifted to her by her mother into a joint
account. At the time of divorce, the wife claims that the gift was to her only, and would
like the funds to be considered separate property. Who has the burden of proof? -
✔✔The wife because she is the one who is claiming the property is separate.
✔✔Is a complaint in a divorce action required to be verified? - ✔✔Yes, unless the
ground/claim for the divorce is adultery.
✔✔A divorced spouse wishes to seek a downward modification of his child support
obligation because his income has been reduced. Modification may be granted by the
reason of the reduced earnings only if: - ✔✔The gross income of the spouse seeking
modification has been reduced by 15% or more since the order was entered.
✔✔What is the earnings cap for the basic child support formula under the Child Support
Standards Act? - ✔✔$148,000
✔✔All of the following persons may properly file an action to establish paternity in
Family Court except: - ✔✔Social Services, on behalf of the Father.
,✔✔Which of the following statements regarding establishing paternity of an out-of-
wedlock child is false?
OPTIONS
A) Paternity may be established either by an order of filiation or an acknowledgement of
paternity.
B) An acknowledgement of paternity requires DNA testing.
C) An acknowledgement of paternity is binding after 60 days.
D) An acknowledgement of paternity has to be witnessed by two people. - ✔✔ANSWER
B) An acknowledgement of paternity requires DNA testing.
✔✔May a purported father properly seek to vacate an acknowledgement of paternity
once signed by him? - ✔✔Yes, after 60 days of signing the acknowledgement on the
ground that there was duress, fraud or a material mistake of fact.
✔✔The petitioner's burden of proof in an abuse and/or neglect proceeding is: - ✔✔A
preponderance of the evidence.
✔✔The Department of Social Service's burden of proof in proceeding to terminate
parental rights is: - ✔✔Clear and convincing evidence.
✔✔An order of protection in a family offense proceeding: ff - ✔✔If later violated, may
result in a finding of contempt, resulting in a period of incarceration.
✔✔Effective October, 1 2019, the age of criminal responsibility in New York is: - ✔✔18
✔✔Which of the following statements regarding a lawyer's obligation in the
representation of a client is false?
OPTIONS
A) A lawyer must abide by a client's decisions on objectives of the representation.
B) A lawyer is obligated to zealously represent a client.
C) A lawyer should accede to reasonable requests of opposing lawyers regarding
scheduling matters as long as the client's rights are not prejudiced.
D) A lawyer may refuse to participate in conduct that the lawyer believes is unlawful,
even if the client disagrees. - ✔✔ANSWER
B) A lawyer is obligated to zealously represent a client.
✔✔The comments to the Rules of Professional Conduct are: - ✔✔Non-binding
suggestions for interpretations issued by the New York State Bar Association.
✔✔An attorney may NOT reveal a client confidence:
OPTIONS
A) To another attorney in a confidential communication to gain ethical advice.
B) To collect a fee.
, C) To respond to the client's criticism of the attorney on a website.
D) To prevent reasonably certain death. - ✔✔ANSWER
C) To respond to the client's criticism of the attorney on a website.
✔✔In a legal matter where a conflict of interest may be waived by a client under the
Rules of Professional Conduct, is it necessary to confirm the waiver in writing? -
✔✔Yes, either the client or the lawyer must confirm the waiver in writing.
✔✔In the process of representing an organization, one of its constituents provided the
lawyer with confidential information that is protected by the attorney-client privilege. The
privilege can be waived: - ✔✔Only by the organization, because the privilege belongs to
the organization.
✔✔Under the New York Rules of Professional Conduct, an attorney in possession of
funds belonging to a client in connection with the attorney's practice of law: - ✔✔May
not commingle the funds with the lawyer's own funds, but must hold the funds in a bank
that agrees to provide a dishonored check report to the Lawyer's Fund for Client
Protection.
✔✔For what period after the events they record is a lawyer required to maintain records
of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice
of law? - ✔✔Seven years.
✔✔The rules for lawyer advertising contained in the Rules of Professional
Responsibility: - ✔✔Applies to both public and private communications.
✔✔Pursuant to the Rules of Professional Responsibility, a lawyer may not act
dishonestly by making a misrepresentation of fact to another: - ✔✔Whether or not in the
practice of law, representing a client, or dealing with a third person.
✔✔An attorney who is experiencing problems with chronic stress, depression, alcohol
or substance abuse or other addictions may obtain confidential and free assistance from
which one of the following agencies: - ✔✔The State Bar Lawyer Assistance Program.
✔✔By paying the attorney registration fee, an attorney is contributing to which one of
the following organizations? - ✔✔The New York Lawyer's Fund for Client Protection.
✔✔In order for a lawyer to accept a referral fee from another lawyer who is not
associated with his firm: - ✔✔The client must be apprised of the referral fee and agree
to it.
✔✔A lawyer when dealing with an unrepresented party who may be a potential adverse
party: - ✔✔Must not impart legal advice except to secure counsel.
