NYLE - Mixed (Part 1) Exam Questions and Answers 100% Pass

NYLE - Mixed (Part 1) Exam Questions and Answers 100% Pass _"Automatic orders," with which D must be served simultaneously with the service of the summons prevent either party from - unilaterally changing the economic status quo of the relationship by disposing of property, incurring debts, removing the other party or the children from existing medical insurance, or changing beneficiaries on existing insurance policies _"Basic economic loss" per person is defined as up to - $50k for all necessary medical and related expenses (provided the need is ascertainable within 1 year from the accident), up to $2k per month for up to 3 years from the accident for loss of earnings, and up to $25 per day for not more than 1 year from the the accident for all other reasonable and necessary expenses 2 100% Pass Guarantee Katelyn Whitman, All Rights _"Finality" in an administrative proceedings context, means that - a party must wait until ALL phases of the agency adjudication are complete _"First-party benefits" under statutory no-fault insurance law, are payments to - reimburse an injured person for "basic economic loss," less 20% of lost earnings and amounts paid under state or federal law in disability or workers' compensation benefits _"Impleader" or third-party practice is a procedure whereby D is permitted to proceed against a person not a party, who is or may be liable to D for all or part of P's claim, by - bringing in that person, after the service of his answer, so that the original claim and the related claim against the added person may be decided in a single suit _"Offense" in the context of double jeopardy protection, is defined - narrowly, prohibiting only prosecuting the same person twice under the same statute for the same act, the test to determine whether there are two offenses or only one is whether each provision requires proof of a fact which the other does not 3 100% Pass Guarantee Katelyn Whitman, All Rights _"Slander per se" consists of statements - (i) charging P with a serious crime (ii) that tend to injure P in his profession (iii) that P has a loathsome disease or (iv) imputing unchastity to a woman _"Specific intent" to commit a crime may be inconsistent with the required mental culpability of the crime in that D cannot be charged with - an attempt to commit manslaughter, or depraved indifference murder, or felony murder, or reckless/criminally negligent assault _A "covered person" is a pedestrian, owner, operator or occupant injured through - the use or operation of a motor vehicle _A "permanently neglected child" is a child who is in the care of an authorized agency and whose parent or custodian has, although physically and financially able to do so, notwithstanding the agency's diligent efforts to encourage and strengthen the parental relationship (when such efforts will not be detrimental to the best interests of the child) - failed for a period of time substantially and continuously to maintain contact with the child or plan for the child's future 4 100% Pass Guarantee Katelyn Whitman, All Rights _A beneficiary must renounce (disclaim) a disposition within - 9 months of a transfer, and the disclaimer is irrevocable _A bill of particulars is used to - amplify the pleadings (not to obtain evidence) and is available between parties in an action _A bill of particulars may be amended once - without leave of court before a note of issue is filed _A child born of married parents, or a child born to a married woman by means of artificial insemination with the consent of the woman and her husband, is - the legitimate child of both parents _A child born of parents who, though not married at the time of the child's birth, but later marry is - recognized as the legitimate child of both parents and a presumption of legitimacy of a child whose parents marry at a later date is created _A child, if over [ ], may consent to be adopted - 14 years _A child's legitimacy is - not affected by a subsequent judgment of separation or divorce 5 100% Pass Guarantee Katelyn Whitman, All Rights _A contract is generally voidable and subject to rescission or reformation where a mistake of fact is - mutual, substantial, so material that it goes to the foundation of the agreement, exists at the time the contract is entered into and any court-ordered relief is reserved only for "exceptional situations" _A contract is substantially unconscionable where the terms - are unreasonably favorable to one party _A contract with an infant is binding on the other contracting party - so long as the infant does not elect to disaffirm it during his infancy or within a reasonable time after turning 18