NYLE Study Guide: Practice Questions for the New
York Law Exam
What are the Principal Appellate Courts in New York? - correct answer ✔✔ (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. - correct answer ✔✔ The New York Court of Appeals is
the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. - correct answer ✔✔ 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.
Describe the New York Appellate Division of Supreme Court. - correct answer ✔✔ 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? - correct
answer ✔✔ 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
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? - correct answer
✔✔ 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. - correct answer ✔✔ 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.
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? - correct answer ✔✔ The
Second Judicial Department is comprised of two counties within New York City.
What makes up the Appellate Division's First Judicial Department? - correct answer ✔✔ 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? - correct answer ✔✔ (1) Supreme Court
(2) Court of Claims
, (3) County Court
(4) Surrogate's Court
(5) Family Court
Describe the New York Supreme Court's jurisdiction. - correct answer ✔✔ The Supreme Court:
(1) has general, original jurisdiction of all cases in law and equity without monetary limitation
UNLESS its jurisdiction has been specifically proscribed;
(2) in some cases, its jurisdiction is concurrent with that of other courts;
(3) it has exclusive subject matter jurisdiction over matrimonial actions and wrongful death
claims
(4) because it is a court of general jurisdiction, the Supreme Court can exercise jurisdiction over
all criminal proceedings
- NOTE: In practice, the only criminal jurisdiction that the Supreme Court exercises is over
FELONIES in New York City (remember, because County Courts exist in every county except NYC
and exercise jurisdiction over criminal matters, primarily felonies) or Integrated Domestic
Violence Parts anywhere in New York
Describe the Commercial Division of the Supreme Court. - correct answer ✔✔ The Commercial
Division:
York Law Exam
What are the Principal Appellate Courts in New York? - correct answer ✔✔ (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. - correct answer ✔✔ The New York Court of Appeals is
the highest court in the New York court system.
Describe the New York Court of Appeals' jurisdiction. - correct answer ✔✔ 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.
Describe the New York Appellate Division of Supreme Court. - correct answer ✔✔ 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? - correct
answer ✔✔ 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
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? - correct answer
✔✔ 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. - correct answer ✔✔ 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.
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? - correct answer ✔✔ The
Second Judicial Department is comprised of two counties within New York City.
What makes up the Appellate Division's First Judicial Department? - correct answer ✔✔ 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? - correct answer ✔✔ (1) Supreme Court
(2) Court of Claims
, (3) County Court
(4) Surrogate's Court
(5) Family Court
Describe the New York Supreme Court's jurisdiction. - correct answer ✔✔ The Supreme Court:
(1) has general, original jurisdiction of all cases in law and equity without monetary limitation
UNLESS its jurisdiction has been specifically proscribed;
(2) in some cases, its jurisdiction is concurrent with that of other courts;
(3) it has exclusive subject matter jurisdiction over matrimonial actions and wrongful death
claims
(4) because it is a court of general jurisdiction, the Supreme Court can exercise jurisdiction over
all criminal proceedings
- NOTE: In practice, the only criminal jurisdiction that the Supreme Court exercises is over
FELONIES in New York City (remember, because County Courts exist in every county except NYC
and exercise jurisdiction over criminal matters, primarily felonies) or Integrated Domestic
Violence Parts anywhere in New York
Describe the Commercial Division of the Supreme Court. - correct answer ✔✔ The Commercial
Division:
