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Before an agency adopts a new rule, a public hearing: May be required if there is a statute
that specifically requires that a hearing be held.
When appearing before an administrative agency, a party: May be represented by someone
who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an adjudicatory hearing is
required before a licensing decision is made: Due process may require a hearing be held, if
there is a property right at stake.
A motion to quash a subpoena issued by an administrative law judge should be made, in the
first instance to: The administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: Following a majority vote of the
pubic body taken in a public session identifying the topics to be discussed.
Which one is required for general partnership? 2 or more persons defined as an individual
or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): 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? 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: 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: 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: 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: 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? 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: 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: Either Columbia County or NY County.
The proper venue in an action against a municipality is: 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
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the court:
Time has not begun to run.
Verification of an answer to a complain is: 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: One year
and 90 days.
A party who applies for a temporary restraining order: Must put the opposing party on
notice of the application in all cases, pursuant to the rules applicable to cases brought in
Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: Has no
probative value with respect to facts asserted therein.
If in response to a notice for discovery and inspection a corporation produces documents it
authored, when offered evidence by an adverse party, the documents are: Presumed to be
authentic, but are not necessarily admissible.
If a party to an action wishes to seek relief on an expedited basis, the party should file: An
order to show cause.
If a party serves an order that is signed by the judge but has not been entered by the clerk, the
time to file an appeal from that order: Has not yet begun.
, In a civil action, the deposition of an opposing party's expert: Only permitted in any case
upon agreement of all parties.
If in response to a notice for discovery and inspection a corporation produces documents it
authored, when offered into evidence by an adverse party, the documents are: Presumed to
be authentic, but are not necessarily admissible.
The time to perfect an appeal to the Appellate Division runs from the date the notice of appeal
was filed and is: Six months, but a dismissal for failure to timely perfect may be vacated.
A New York court applying a conflict of law analysis in an action brought in New York by a New
York resident against a nonresident must first determine: Whether there is an actual conflict
between the laws of New York and the other jurisdiction that governs the parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does not regulate
the conduct at issue. In an action in New York between New York residents to recover damages
for injuries sustained in an accident in State X, which injuries were caused by the defendant
having engaged in the particular activity, the law of which State will apply in determining
liability? State X, because the State in which the accident took place is conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in State X,
apply the law of: NY law because law is loss allocating and the residents are both from NY.
In an action in New York for breach of an employment contract, a New York court will always
apply the law of: The jurisdiction with the most significant contacts with the matter in
dispute.
A testator executed her will in New York while domiciled here. If the testator subsequently dies
in State X while domiciled there, owning real property in New York and personal property in
State X, the law of which state will determine the disposition of the testator's estate? New
York as to the testator's real property and State X as to the testator's personal property.
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Before an agency adopts a new rule, a public hearing: May be required if there is a statute
that specifically requires that a hearing be held.
When appearing before an administrative agency, a party: May be represented by someone
who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an adjudicatory hearing is
required before a licensing decision is made: Due process may require a hearing be held, if
there is a property right at stake.
A motion to quash a subpoena issued by an administrative law judge should be made, in the
first instance to: The administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: Following a majority vote of the
pubic body taken in a public session identifying the topics to be discussed.
Which one is required for general partnership? 2 or more persons defined as an individual
or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): 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? 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: 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: 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: 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: 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? 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: 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: Either Columbia County or NY County.
The proper venue in an action against a municipality is: 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
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the court:
Time has not begun to run.
Verification of an answer to a complain is: 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: One year
and 90 days.
A party who applies for a temporary restraining order: Must put the opposing party on
notice of the application in all cases, pursuant to the rules applicable to cases brought in
Supreme Court.
In support of a motion for summary judgement, generally, an attorney's affirmation: Has no
probative value with respect to facts asserted therein.
If in response to a notice for discovery and inspection a corporation produces documents it
authored, when offered evidence by an adverse party, the documents are: Presumed to be
authentic, but are not necessarily admissible.
If a party to an action wishes to seek relief on an expedited basis, the party should file: An
order to show cause.
If a party serves an order that is signed by the judge but has not been entered by the clerk, the
time to file an appeal from that order: Has not yet begun.
, In a civil action, the deposition of an opposing party's expert: Only permitted in any case
upon agreement of all parties.
If in response to a notice for discovery and inspection a corporation produces documents it
authored, when offered into evidence by an adverse party, the documents are: Presumed to
be authentic, but are not necessarily admissible.
The time to perfect an appeal to the Appellate Division runs from the date the notice of appeal
was filed and is: Six months, but a dismissal for failure to timely perfect may be vacated.
A New York court applying a conflict of law analysis in an action brought in New York by a New
York resident against a nonresident must first determine: Whether there is an actual conflict
between the laws of New York and the other jurisdiction that governs the parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does not regulate
the conduct at issue. In an action in New York between New York residents to recover damages
for injuries sustained in an accident in State X, which injuries were caused by the defendant
having engaged in the particular activity, the law of which State will apply in determining
liability? State X, because the State in which the accident took place is conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in State X,
apply the law of: NY law because law is loss allocating and the residents are both from NY.
In an action in New York for breach of an employment contract, a New York court will always
apply the law of: The jurisdiction with the most significant contacts with the matter in
dispute.
A testator executed her will in New York while domiciled here. If the testator subsequently dies
in State X while domiciled there, owning real property in New York and personal property in
State X, the law of which state will determine the disposition of the testator's estate? New
York as to the testator's real property and State X as to the testator's personal property.
