NYLE EXAM D CERTIFICATION EVALUATION
TESTED QUESTIONS COMPLETE ANSWERS
◉ Describe the New York Court of Appeals.
Answer: The New York Court of Appeals is the highest court in the
New York court system.
◉ Describe the New York Court of Appeals' jurisdiction.
Answer: The New York Court of Appeals:
(1) has no original jurisdiction;
(2) exercises appellate jurisdiction in criminal cases and civil cases
without regard to the amount in controversy;
(3) its jurisdiction is generally limited to questions of law.
◉ Describe the New York Appellate Division of Supreme Court.
Answer: The Appellate Division of Supreme Court is:
(1) a single, statewide appellate court;
,(2) divided into four departments:
- First Department
- Second Department
- Third Department
- Fourth Department
and
(3) is the principal intermediate appeals court for both criminal and
civil cases
◉ What is the rule regarding trial departments in one department
following precedent of the Appellate Division for another
department?
Stated in other words, is a trial court in the First Department
required to follow decisions in the Appellate Division of the Second
Department under the doctrine of stare decisis?
Answer: Under the doctrine of stare decisis, trials courts in a given
department are REQUIRED to follow precedent set by the Appellate
Division for another department
UNTIL either:
,(1) the Court of Appeals OR
(2) the Appellate Division for the department in which the trial court
sits
pronounces a contrary rule.
◉ Are Appellate Divisions of each department required to follow the
other department's decisions?
Stated in another way, is the First Judicial Department of the
Appellate Division bound by decisions made by the Second Judicial
Department of the Appellate Division?
Answer: Each department of the Appellate Division should accept
the decisions of its sister departments as persuasive authority but is
free to reach a contrary result.
See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d
Dept 1984)
◉ Describe the Appellate Terms of the Supreme Court.
Answer: Appellate Terms of the Supreme Court exist in only in the
First Judicial Department of the Appellate Division and the Second
Judicial Department of the Appellate Division.
, The Appellate Terms of both the First and Second Departments hear
appeals from the Civil Court of New York City.
The Appellate Term of the Second Department ALSO hears appeals
from district, county, city, town, and village courts.
◉ What makes up the Appellate Division's Second Judicial
Department?
Answer: The Second Judicial Department is comprised of two
counties within New York City.
◉ What makes up the Appellate Division's First Judicial
Department?
Answer: The First Judicial Department is comprised of three
counties within New York City and seven other counties.
◉ What are New York's Principal Trial Courts?
Answer: (1) Supreme Court
(2) Court of Claims
(3) County Court
TESTED QUESTIONS COMPLETE ANSWERS
◉ Describe the New York Court of Appeals.
Answer: The New York Court of Appeals is the highest court in the
New York court system.
◉ Describe the New York Court of Appeals' jurisdiction.
Answer: The New York Court of Appeals:
(1) has no original jurisdiction;
(2) exercises appellate jurisdiction in criminal cases and civil cases
without regard to the amount in controversy;
(3) its jurisdiction is generally limited to questions of law.
◉ Describe the New York Appellate Division of Supreme Court.
Answer: The Appellate Division of Supreme Court is:
(1) a single, statewide appellate court;
,(2) divided into four departments:
- First Department
- Second Department
- Third Department
- Fourth Department
and
(3) is the principal intermediate appeals court for both criminal and
civil cases
◉ What is the rule regarding trial departments in one department
following precedent of the Appellate Division for another
department?
Stated in other words, is a trial court in the First Department
required to follow decisions in the Appellate Division of the Second
Department under the doctrine of stare decisis?
Answer: Under the doctrine of stare decisis, trials courts in a given
department are REQUIRED to follow precedent set by the Appellate
Division for another department
UNTIL either:
,(1) the Court of Appeals OR
(2) the Appellate Division for the department in which the trial court
sits
pronounces a contrary rule.
◉ Are Appellate Divisions of each department required to follow the
other department's decisions?
Stated in another way, is the First Judicial Department of the
Appellate Division bound by decisions made by the Second Judicial
Department of the Appellate Division?
Answer: Each department of the Appellate Division should accept
the decisions of its sister departments as persuasive authority but is
free to reach a contrary result.
See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d
Dept 1984)
◉ Describe the Appellate Terms of the Supreme Court.
Answer: Appellate Terms of the Supreme Court exist in only in the
First Judicial Department of the Appellate Division and the Second
Judicial Department of the Appellate Division.
, The Appellate Terms of both the First and Second Departments hear
appeals from the Civil Court of New York City.
The Appellate Term of the Second Department ALSO hears appeals
from district, county, city, town, and village courts.
◉ What makes up the Appellate Division's Second Judicial
Department?
Answer: The Second Judicial Department is comprised of two
counties within New York City.
◉ What makes up the Appellate Division's First Judicial
Department?
Answer: The First Judicial Department is comprised of three
counties within New York City and seven other counties.
◉ What are New York's Principal Trial Courts?
Answer: (1) Supreme Court
(2) Court of Claims
(3) County Court
