NYLE FLASHCARDS 2026 NEWLY
UPDATED EXAM VICTORY SET WITH
AUTHENTIC A+ SOLUTIONS AND
COMPLETE ANSWERS
Rulemaking and Public Hearings
Q: Before an agency adopts a new rule, is a public hearing required?
A: ✔✔ May be required if there is a statute that specifically requires that a
hearing be held. Under the Administrative Procedure Act (APA), most agency
rulemaking is "informal," meaning it only requires a notice-and-comment period.
However, if the agency's enabling statute specifically mandates a hearing (known
as "formal rulemaking"), the agency must hold one.
Representation in Agency Proceedings
Q: When appearing before an administrative agency, who can represent a
party?
A: ✔✔ A party may be represented by someone who is not an attorney (or
may appear pro se). Unlike traditional courts where a "non-lawyer" cannot
represent others, many administrative agencies (such as the Social Security
Administration or Workers' Comp boards) allow non-attorney representatives.
These individuals are often specialists in that agency's specific rules.
Due Process in Licensing
Q: If a statute is silent on whether a hearing is required for a licensing
decision, what determines if one must be held?
A: ✔✔ Due process may require a hearing be held if there is a property right
at stake. If you already hold a professional license, that license is considered a
"vested property right." The 14th Amendment prevents the government from
taking that property without Due Process, which typically includes a notice and a
meaningful opportunity to be heard (a hearing).
,Challenging Administrative Subpoenas
Q: Where should a motion to quash a subpoena issued by an Administrative
Law Judge (ALJ) be made first?
A: ✔✔ The Administrative Law Judge that issued the subpoena. Before you
can appeal to a traditional court (exhaustion of administrative remedies), you must
first ask the issuing ALJ to withdraw or modify the subpoena. They have the initial
authority to determine if the requested information is relevant or overly
burdensome.
Open Meetings & Executive Sessions
Q: Under what conditions may a public body conduct an "executive session"?
A: ✔✔ Following a majority vote of the public body taken in a public session
identifying the topics to be discussed. "Sunshine Laws" or Open Meeting Acts
require that government business be done in public. To go into a private "executive
session" (to discuss things like personnel issues or legal strategy), the body must:
1. Begin in an open, public meeting.
2. Hold a public vote to go into a closed session.
3. State the specific, legally allowed reason for closing the doors.
Which one is required for general partnership? -ANSWER✔✔2 or more persons
defined as an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership
(RLLP): -ANSWER✔✔Each member of the partnership is personally liable for
any negligent or wrongful act committed by him or by a person under his direct
supervision in rendering professional services on behalf of the RLLP.
Which one of the following statements regarding business corporations is false? -
ANSWER✔✔Offers appointed by shareholders to manage on a day to day basis.
,In order to preserve their appraisal rights, shareholders who oppose an amendment
to the certificate of incorporation that limits their voting rights must: -
ANSWER✔✔Give written objection to the corporation before the vote is taken.
An officer elected by the board of directors of a business corporation may be
removed by vote of the: -ANSWER✔✔Board of directors for cause or without
cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by: -ANSWER✔✔The lawyer herself and any persons in the firm under
her direct supervision and control.
In order for a director who is absent from a vote taken by a board of directors to
dissent from the action, the absent direction: -ANSWER✔✔Must cause his dissent
to be filed with the meant minutes within a reasonable time after learning of the
action.
Is service of process by email permitted in a civil action commenced in NY State
courts? -ANSWER✔✔Yes, but only where a court has issued order permitting
service of process by email.
Unless the court sets a specific date, the expiration of the time period for which a
party may file a motion for summary judgement is measured from the date: -
ANSWER✔✔The note of issue was filed.
If a non-resident commences an action against a D who has a condo in NY county,
but travels to Columbia County to their farmhouse every weekend, the D's
, residence for the purpose of venue would be: -ANSWER✔✔Either Columbia
County or NY County.
The proper venue in an action against a municipality is: -ANSWER✔✔The county
in which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury -ANSWER✔✔ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of
the court: -ANSWER✔✔Time has not begun to run.
Verification of an answer to a complain is: -ANSWER✔✔Mandatory in the
answer if it is verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
ANSWER✔✔One year and 90 days.
A party who applies for a temporary restraining order: -ANSWER✔✔Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
UPDATED EXAM VICTORY SET WITH
AUTHENTIC A+ SOLUTIONS AND
COMPLETE ANSWERS
Rulemaking and Public Hearings
Q: Before an agency adopts a new rule, is a public hearing required?
A: ✔✔ May be required if there is a statute that specifically requires that a
hearing be held. Under the Administrative Procedure Act (APA), most agency
rulemaking is "informal," meaning it only requires a notice-and-comment period.
However, if the agency's enabling statute specifically mandates a hearing (known
as "formal rulemaking"), the agency must hold one.
Representation in Agency Proceedings
Q: When appearing before an administrative agency, who can represent a
party?
A: ✔✔ A party may be represented by someone who is not an attorney (or
may appear pro se). Unlike traditional courts where a "non-lawyer" cannot
represent others, many administrative agencies (such as the Social Security
Administration or Workers' Comp boards) allow non-attorney representatives.
These individuals are often specialists in that agency's specific rules.
Due Process in Licensing
Q: If a statute is silent on whether a hearing is required for a licensing
decision, what determines if one must be held?
A: ✔✔ Due process may require a hearing be held if there is a property right
at stake. If you already hold a professional license, that license is considered a
"vested property right." The 14th Amendment prevents the government from
taking that property without Due Process, which typically includes a notice and a
meaningful opportunity to be heard (a hearing).
,Challenging Administrative Subpoenas
Q: Where should a motion to quash a subpoena issued by an Administrative
Law Judge (ALJ) be made first?
A: ✔✔ The Administrative Law Judge that issued the subpoena. Before you
can appeal to a traditional court (exhaustion of administrative remedies), you must
first ask the issuing ALJ to withdraw or modify the subpoena. They have the initial
authority to determine if the requested information is relevant or overly
burdensome.
Open Meetings & Executive Sessions
Q: Under what conditions may a public body conduct an "executive session"?
A: ✔✔ Following a majority vote of the public body taken in a public session
identifying the topics to be discussed. "Sunshine Laws" or Open Meeting Acts
require that government business be done in public. To go into a private "executive
session" (to discuss things like personnel issues or legal strategy), the body must:
1. Begin in an open, public meeting.
2. Hold a public vote to go into a closed session.
3. State the specific, legally allowed reason for closing the doors.
Which one is required for general partnership? -ANSWER✔✔2 or more persons
defined as an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership
(RLLP): -ANSWER✔✔Each member of the partnership is personally liable for
any negligent or wrongful act committed by him or by a person under his direct
supervision in rendering professional services on behalf of the RLLP.
Which one of the following statements regarding business corporations is false? -
ANSWER✔✔Offers appointed by shareholders to manage on a day to day basis.
,In order to preserve their appraisal rights, shareholders who oppose an amendment
to the certificate of incorporation that limits their voting rights must: -
ANSWER✔✔Give written objection to the corporation before the vote is taken.
An officer elected by the board of directors of a business corporation may be
removed by vote of the: -ANSWER✔✔Board of directors for cause or without
cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by: -ANSWER✔✔The lawyer herself and any persons in the firm under
her direct supervision and control.
In order for a director who is absent from a vote taken by a board of directors to
dissent from the action, the absent direction: -ANSWER✔✔Must cause his dissent
to be filed with the meant minutes within a reasonable time after learning of the
action.
Is service of process by email permitted in a civil action commenced in NY State
courts? -ANSWER✔✔Yes, but only where a court has issued order permitting
service of process by email.
Unless the court sets a specific date, the expiration of the time period for which a
party may file a motion for summary judgement is measured from the date: -
ANSWER✔✔The note of issue was filed.
If a non-resident commences an action against a D who has a condo in NY county,
but travels to Columbia County to their farmhouse every weekend, the D's
, residence for the purpose of venue would be: -ANSWER✔✔Either Columbia
County or NY County.
The proper venue in an action against a municipality is: -ANSWER✔✔The county
in which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury -ANSWER✔✔ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of
the court: -ANSWER✔✔Time has not begun to run.
Verification of an answer to a complain is: -ANSWER✔✔Mandatory in the
answer if it is verified in the complaint.
The statute of limitations for a negligence case of action against a municipality is: -
ANSWER✔✔One year and 90 days.
A party who applies for a temporary restraining order: -ANSWER✔✔Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
