NYLE PRACTICE QUESTIONS & ANSWERS SOLVED
100% CORRECT.
Paul and Peter were married for 10 years and have two children. In 2019, Paul
lost his job. The financial stress deteriorated the marriage, which caused Peter
to file for divorce. Peter is seeking joint custody and maintenance from Paul.
How should the court calculate maintenance and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently Answer -
(C) "Maintenance shall be calculated prior to child support because the amount
of maintenance shall be subtracted from the payor's income and added to the
payee's income as part of the calculation of the child support obligation." DRL §
236 (B) (6) (c) (1) (g).
Susan and Carol got engaged on June 1, 2018. During this period, they
discussed a pre-nuptial agreement and orally agreed that neither party will pay
alimony in the event of a divorce. The couple wed on June 1, 2019. One year
and one day later, Carol filed for divorce after Susan cheated on Carol. Susan is
now an emotional wreck and has lost her job due to the stress. May Susan seek
alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
,C. No, because a pre-nuptial agreement denying alimony to each party was
formed
D. No, because the parties were not married for up to 10 years Answer - (B)
"An agreement by the parties, made before or during the marriage, shall be
valid and enforceable in a matrimonial action if such agreement is in writing,
subscribed by the parties, and acknowledged or proven in the manner required
to entitle a deed to be recorded." DRL § 236 (b)(3).
Paul recently formed Company, Inc. and serves as its president. After
establishing the board and shareholders, the company now wants to hire an
officer. The certificate of incorporation is silent on how an officer may be
elected. The company interviewed Jake and wants to elect him as an officer.
How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake Answer - (C) "(a) The board may
elect or appoint a president, one or more vice-presidents, a secretary and a
treasurer, and such other officers as it may determine, or as may be provided in
the by-laws.
(b) The certificate of incorporation may provide that all officers or that
specified officers shall be elected by the shareholders instead of by the board."
BCL § 715 (2021).
Brandon sued his former friend, Jason, after Brandon fell to the ground and
injured himself while leaving Jason's property. Brandon was on the property to
confront Jason about lying, but he had visited the property several times in the
past. If Brandon loses the case, it will be because:
A. Brandon was a trespasser
,B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee Answer - (C) New York courts have "abandoned the
classifications [of licensee, trespasser, invitee] entirely and announced our
adherence to the single standard of reasonable care . . . ." Basso v Miller, 40
NY2d 233, 241 (1976). "An owner, lessee or occupant of premises, whether or
not posted as provided in section 11-2111 of the environmental conservation
law , owes no duty to keep the premises safe for entry or use by others for
hunting, fishing, organized gleaning as defined in section seventy-one-y of the
agriculture and markets law , canoeing, boating, trapping, hiking, cross-country
skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle
riding, hang gliding, motorized vehicle operation for recreational purposes,
snowmobile operation, cutting or gathering of wood for non-commercial
purposes or training of dogs, or to give warning of any hazardous condition or
use of or structure or activity on such premises to persons entering for such
purposes." GOL 9-103.
Jennifer sued Adam in a special proceeding by filing a petition. Adam
responded with his answer and counterclaim, which raised a new issue.
Jennifer responded with a reply. Adam responded with a surreply and
separately asked for leave of court to file a motion to join another party. Which
of the following was NOT a proper response in the action?
A. Adam's motion to join another party
B. Adam's surreply
C. Jennifer's reply
D. Adam's counterclaim Answer - "Parties. The party commencing a special
proceeding shall be styled the petitioner and any adverse party the
respondent. After a proceeding is commenced, no party shall be joined or
interpleaded and no third-party practice or intervention shall be allowed,
except by leave of court." CPLR § 401.
, "There shall be a petition, which shall comply with the requirements for a
complaint in an action, and an answer where there is an adverse party. There
shall be a reply to a counterclaim denominated as such and there may be a
reply to new matter in the answer in any case. The court may permit such
other pleadings as are authorized in an action upon such terms as it may
specify. Where there is no adverse party the petition shall state the result of
any prior application for similar relief and shall specify the new facts, if any,
that were not previously shown." CPLR § 402
Allison had a great relationship with her daughter Elizabeth until Elizabeth
married David. Two years after the marriage, Allison used a pen to scratch out
the $200,00 she left to Elizabeth and wrote "$0" above that amount. All of the
other provisions in the will remained the same. Is Allison's revocation effective?
A. Yes, because partial revocation of a will by physical act is permitted
B. Yes, because Allison entered a new amount above the scratched-out amount
C. No, because partial revocation of a will by physical act is not permitted
D. No, because the revocation violates public policy regarding the legal right to
marriage Answer - (C) "(1) A will or any part thereof may be revoked or altered
by: (A) Another will. (B) A writing of the testator clearly indicating an intention
to effect such revocation or alteration, executed with the formalities prescribed
by this article for the execution and attestation of a will." EPTL 3-4.1 Partial
revocation by physical act is not allowed.
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a bona
fide purchaser, did not record the conveyance. In March 2020, Luke sold
Blackacre to Sarah, a bona fide purchaser, who recorded the conveyance in
March 2020. In April 2020, Timothy recorded the conveyance. Who owns the
property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
100% CORRECT.
Paul and Peter were married for 10 years and have two children. In 2019, Paul
lost his job. The financial stress deteriorated the marriage, which caused Peter
to file for divorce. Peter is seeking joint custody and maintenance from Paul.
How should the court calculate maintenance and child support?
A. The parties calculate child support and seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should be calculated concurrently Answer -
(C) "Maintenance shall be calculated prior to child support because the amount
of maintenance shall be subtracted from the payor's income and added to the
payee's income as part of the calculation of the child support obligation." DRL §
236 (B) (6) (c) (1) (g).
Susan and Carol got engaged on June 1, 2018. During this period, they
discussed a pre-nuptial agreement and orally agreed that neither party will pay
alimony in the event of a divorce. The couple wed on June 1, 2019. One year
and one day later, Carol filed for divorce after Susan cheated on Carol. Susan is
now an emotional wreck and has lost her job due to the stress. May Susan seek
alimony?
A. Yes, because the parties were married for more than one year
B. Yes, because the pre-nuptial agreement was not in writing
,C. No, because a pre-nuptial agreement denying alimony to each party was
formed
D. No, because the parties were not married for up to 10 years Answer - (B)
"An agreement by the parties, made before or during the marriage, shall be
valid and enforceable in a matrimonial action if such agreement is in writing,
subscribed by the parties, and acknowledged or proven in the manner required
to entitle a deed to be recorded." DRL § 236 (b)(3).
Paul recently formed Company, Inc. and serves as its president. After
establishing the board and shareholders, the company now wants to hire an
officer. The certificate of incorporation is silent on how an officer may be
elected. The company interviewed Jake and wants to elect him as an officer.
How may the company elect Jake?
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect Jake Answer - (C) "(a) The board may
elect or appoint a president, one or more vice-presidents, a secretary and a
treasurer, and such other officers as it may determine, or as may be provided in
the by-laws.
(b) The certificate of incorporation may provide that all officers or that
specified officers shall be elected by the shareholders instead of by the board."
BCL § 715 (2021).
Brandon sued his former friend, Jason, after Brandon fell to the ground and
injured himself while leaving Jason's property. Brandon was on the property to
confront Jason about lying, but he had visited the property several times in the
past. If Brandon loses the case, it will be because:
A. Brandon was a trespasser
,B. Brandon was an invitee
C. Jason did not maintain the property with reasonable care
D. Brandon was a licensee Answer - (C) New York courts have "abandoned the
classifications [of licensee, trespasser, invitee] entirely and announced our
adherence to the single standard of reasonable care . . . ." Basso v Miller, 40
NY2d 233, 241 (1976). "An owner, lessee or occupant of premises, whether or
not posted as provided in section 11-2111 of the environmental conservation
law , owes no duty to keep the premises safe for entry or use by others for
hunting, fishing, organized gleaning as defined in section seventy-one-y of the
agriculture and markets law , canoeing, boating, trapping, hiking, cross-country
skiing, tobogganing, sledding, speleological activities, horseback riding, bicycle
riding, hang gliding, motorized vehicle operation for recreational purposes,
snowmobile operation, cutting or gathering of wood for non-commercial
purposes or training of dogs, or to give warning of any hazardous condition or
use of or structure or activity on such premises to persons entering for such
purposes." GOL 9-103.
Jennifer sued Adam in a special proceeding by filing a petition. Adam
responded with his answer and counterclaim, which raised a new issue.
Jennifer responded with a reply. Adam responded with a surreply and
separately asked for leave of court to file a motion to join another party. Which
of the following was NOT a proper response in the action?
A. Adam's motion to join another party
B. Adam's surreply
C. Jennifer's reply
D. Adam's counterclaim Answer - "Parties. The party commencing a special
proceeding shall be styled the petitioner and any adverse party the
respondent. After a proceeding is commenced, no party shall be joined or
interpleaded and no third-party practice or intervention shall be allowed,
except by leave of court." CPLR § 401.
, "There shall be a petition, which shall comply with the requirements for a
complaint in an action, and an answer where there is an adverse party. There
shall be a reply to a counterclaim denominated as such and there may be a
reply to new matter in the answer in any case. The court may permit such
other pleadings as are authorized in an action upon such terms as it may
specify. Where there is no adverse party the petition shall state the result of
any prior application for similar relief and shall specify the new facts, if any,
that were not previously shown." CPLR § 402
Allison had a great relationship with her daughter Elizabeth until Elizabeth
married David. Two years after the marriage, Allison used a pen to scratch out
the $200,00 she left to Elizabeth and wrote "$0" above that amount. All of the
other provisions in the will remained the same. Is Allison's revocation effective?
A. Yes, because partial revocation of a will by physical act is permitted
B. Yes, because Allison entered a new amount above the scratched-out amount
C. No, because partial revocation of a will by physical act is not permitted
D. No, because the revocation violates public policy regarding the legal right to
marriage Answer - (C) "(1) A will or any part thereof may be revoked or altered
by: (A) Another will. (B) A writing of the testator clearly indicating an intention
to effect such revocation or alteration, executed with the formalities prescribed
by this article for the execution and attestation of a will." EPTL 3-4.1 Partial
revocation by physical act is not allowed.
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a bona
fide purchaser, did not record the conveyance. In March 2020, Luke sold
Blackacre to Sarah, a bona fide purchaser, who recorded the conveyance in
March 2020. In April 2020, Timothy recorded the conveyance. Who owns the
property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
