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Exam (elaborations)

NYLE Exam ; Questions and Answers 100% Solved

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NYLE Exam ; Questions and Answers 100% Solved Before an agency adopts a new rule, a public hearing: CORRECT ANSWER-May be required if there is a statute that specifically requires that a hearing be held. When appearing before an administrative agency, a party: CORRECT ANSWER-May be represented by someone who is not an attorney (may be pro se)

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August 8, 2024
Number of pages
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2024/2025
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NYLE Exam ; Questions and Answers 100%
Solved
Before an agency adopts a new rule, a public hearing: CORRECT ANSWER-May be
required if there is a statute that specifically requires that a hearing be held.




When appearing before an administrative agency, a party: CORRECT ANSWER-May be
represented by someone who is not an attorney (may be pro se).



If an agency's implementing statue is silent regarding whether an adjudicatory hearing is
required before a licensing decision is made: CORRECT ANSWER-Due process may
require a hearing be held, if there is a property right at stake.




A motion to quash a subpoena issued by an administrative law judge should be made, in the
first instance to: CORRECT ANSWER-The administrative law judge that issued the
subpoena.




An executive session may be conducted by a public body: CORRECT ANSWER-Following a
majority vote of the pubic body taken in a public session identifying the topics to be discussed.




Which one is required for general partnership? CORRECT ANSWER-2 or more persons
defined as an individual or legal entity.




What is the consequence of organizing a registered limited liability partnership (RLLP):
CORRECT ANSWER-Each member of the partnership is personally liable for any negligent or

, NYLE Exam ; Questions and Answers 100%
Solved
wrongful act committed by him or by a person under his direct supervision in rendering
professional services on behalf of the RLLP.




Which one of the following statements regarding business corporations is false?
CORRECT ANSWER-Offers appointed by shareholders to manage on a day to day basis.




In order to preserve their appraisal rights, shareholders who oppose an amendment to the
certificate of incorporation that limits their voting rights must: CORRECT ANSWER-Give
written objection to the corporation before the vote is taken.




An officer elected by the board of directors of a business corporation may be removed by vote
of the: CORRECT ANSWER-Board of directors for cause or without cause.




A lawyer who is a member of a law firm organized as a professional service limited liability
company is personally liable for professional malpractice committed by: CORRECT
ANSWER-The lawyer herself and any persons in the firm under her direct supervision and
control.




In order for a director who is absent from a vote taken by a board of directors to dissent from
the action, the absent direction: CORRECT ANSWER-Must cause his dissent to be filed
with the meant minutes within a reasonable time after learning of the action.

, NYLE Exam ; Questions and Answers 100%
Solved
Is service of process by email permitted in a civil action commenced in NY State courts?
CORRECT ANSWER-Yes, but only where a court has issued order permitting service of process by
email.



Unless the court sets a specific date, the expiration of the time period for which a party may file
a motion for summary judgement is measured from the date: CORRECT ANSWER-The
note of issue was filed.



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: CORRECT ANSWER-Either Columbia County or NY County.




The proper venue in an action against a municipality is: CORRECT 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 CORRECT ANSWER-ANSWER

, NYLE Exam ; Questions and Answers 100%
Solved
C) Medical malpractice




When you serve motion of appeal signed by a judge but not yet entered by clerk of the court:
CORRECT ANSWER-Time has not begun to run.




Verification of an answer to a complain is: CORRECT 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:
CORRECT ANSWER-One year and 90 days.




A party who applies for a temporary restraining order: CORRECT 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:
CORRECT 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: CORRECT
ANSWER-Presumed to be authentic, but are not necessarily admissible.

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