NYLE – Focus Exam Questions and
Answers 100% pass
_D may raise any available procedural grounds to dismiss an action against
him but if D makes a pre-answer motion and fails to include a defense
based upon lack of personal jurisdiction or lack of jurisdiction where
service was made - ✔✔those defenses are waived
_Defenses asserting that a defense is set out in documentary evidence,
there's lack of legal capacity to sue, another action pending, or defenses
such as collateral estoppel, release, res judicata, statute of limitations or
statute of frauds are waived unless - ✔✔raised in pre-answer
motion/defense in the answer
_The requirement to move for judgment when objecting due to failure to
serve is waived unless the objecting party moves for judgment on such
ground within - ✔✔60 days after serving the pleading
1
100% Pass Guarantee Katelyn Whitman, All Rights
, _Objections based upon lack of subject matter jurisdiction, failure to state a
cause of action, or failure to join a necessary party may be raised: - ✔✔at
any time by motion or in a subsequent pleading, are non-waivable and so
may be raised even if a pre-answer motion or answer was served
_Hearsay may be received into evidence only if it falls within one of the
exceptions and as long as the proponent demonstrates that the evidence is -
✔✔reliable, in that when spoken, it was spoken under circumstances which
render it highly probable that it was truthful
_Hearsay is - ✔✔an oral or written out-of-court statements offered for the
truth of the matters they assert
_A present sense impression statement, even though hearsay, is admissible
when the statement describes or explains an event or condition and was
made - ✔✔while the declarant was perceiving the event or condition, or
immediately thereafter, and the content of the statement is corroborated by
independent proof
_In order to be admissible under the hearsay exception, the content of a
present sense impression needs corroboration by independent proof, the
2
100% Pass Guarantee Katelyn Whitman, All Rights
Answers 100% pass
_D may raise any available procedural grounds to dismiss an action against
him but if D makes a pre-answer motion and fails to include a defense
based upon lack of personal jurisdiction or lack of jurisdiction where
service was made - ✔✔those defenses are waived
_Defenses asserting that a defense is set out in documentary evidence,
there's lack of legal capacity to sue, another action pending, or defenses
such as collateral estoppel, release, res judicata, statute of limitations or
statute of frauds are waived unless - ✔✔raised in pre-answer
motion/defense in the answer
_The requirement to move for judgment when objecting due to failure to
serve is waived unless the objecting party moves for judgment on such
ground within - ✔✔60 days after serving the pleading
1
100% Pass Guarantee Katelyn Whitman, All Rights
, _Objections based upon lack of subject matter jurisdiction, failure to state a
cause of action, or failure to join a necessary party may be raised: - ✔✔at
any time by motion or in a subsequent pleading, are non-waivable and so
may be raised even if a pre-answer motion or answer was served
_Hearsay may be received into evidence only if it falls within one of the
exceptions and as long as the proponent demonstrates that the evidence is -
✔✔reliable, in that when spoken, it was spoken under circumstances which
render it highly probable that it was truthful
_Hearsay is - ✔✔an oral or written out-of-court statements offered for the
truth of the matters they assert
_A present sense impression statement, even though hearsay, is admissible
when the statement describes or explains an event or condition and was
made - ✔✔while the declarant was perceiving the event or condition, or
immediately thereafter, and the content of the statement is corroborated by
independent proof
_In order to be admissible under the hearsay exception, the content of a
present sense impression needs corroboration by independent proof, the
2
100% Pass Guarantee Katelyn Whitman, All Rights
