(Part 2), NYLE - Mixed (part 3) 2025
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_"Automatic orders," with which D must be served simultaneously with the
service of the summons prevent either party from - 🧠 ANSWER
✔✔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 - 🧠 ANSWER
✔✔$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
_"Finality" in an administrative proceedings context, means that - 🧠
ANSWER ✔✔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 - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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 - 🧠
ANSWER ✔✔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
_"Slander per se" consists of statements - 🧠 ANSWER ✔✔(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 - 🧠
ANSWER ✔✔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 - 🧠 ANSWER ✔✔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) - 🧠 ANSWER ✔✔failed
for a period of time substantially and continuously to maintain contact with
the child or plan for the child's future
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, _A beneficiary must renounce (disclaim) a disposition within - 🧠 ANSWER
✔✔9 months of a transfer, and the disclaimer is irrevocable
_A bill of particulars is used to - 🧠 ANSWER ✔✔amplify the pleadings (not
to obtain evidence) and is available between parties in an action
_A bill of particulars may be amended once - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔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 - 🧠 ANSWER ✔✔14 years
_A child's legitimacy is - 🧠 ANSWER ✔✔not affected by a subsequent
judgment of separation or divorce