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NYLE Exam | Updated Questions and Verified
Answers |
What are the Principal Appellate Courts in New York? - (answers)(1) Court of
Appeals
(2) Appellate Division of Supreme Court (divided into four judicial departments)
(3) Appellate Terms of the Supreme Court (terms exist only in First Judicial
Department and Second Judicial Department)
Describe the New York Court of Appeals. - (answers)The New York Court of
Appeals is the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. - (answers)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.
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Describe the New York Appellate Division of Supreme Court. - (answers)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? - (answers)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
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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? - (answers)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. - (answers)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.
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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? -
(answers)The Second Judicial Department is comprised of two counties within
New York City.
What makes up the Appellate Division's First Judicial Department? - (answers)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? - (answers)(1) Supreme Court
(2) Court of Claims
(3) County Court
(4) Surrogate's Court
(5) Family Court
NYLE Exam | Updated Questions and Verified
Answers |
What are the Principal Appellate Courts in New York? - (answers)(1) Court of
Appeals
(2) Appellate Division of Supreme Court (divided into four judicial departments)
(3) Appellate Terms of the Supreme Court (terms exist only in First Judicial
Department and Second Judicial Department)
Describe the New York Court of Appeals. - (answers)The New York Court of
Appeals is the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. - (answers)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.
,2|Page
Describe the New York Appellate Division of Supreme Court. - (answers)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? - (answers)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
,3|Page
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? - (answers)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. - (answers)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.
, 4|Page
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? -
(answers)The Second Judicial Department is comprised of two counties within
New York City.
What makes up the Appellate Division's First Judicial Department? - (answers)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? - (answers)(1) Supreme Court
(2) Court of Claims
(3) County Court
(4) Surrogate's Court
(5) Family Court
