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
Give this one a try later!
"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
Jake went to a viewing of a two-family home he wanted to rent for one year. Lilly, the
property owner who also lived in the home, offered to rent the property to Jake, who
accepted, and set up a date to sign the lease. When Jake returned to sign the lease,
he arrived with his son. When Lilly saw Jake’s son, she decided to take back her offer.
If Jake sues Lilly for breach of contract, is he likely to succeed?
A. No, because Lilly lives on the home
B. No, because of the statute of frauds
C. Yes, because there was an offer an acceptance
D. Yes, because Lilly may not discriminate against Jake because he has a son
Give this one a try later!
(A) "Any person, firm or corporation owning or having in charge any
apartment house, tenement house or other building or manufactured home
park used for dwelling purposes who shall refuse to rent any or part of any
such building or manufactured home park to any person or family, or who
discriminates in the terms, conditions, or privileges of any such rental,
solely on the ground that such person or family has or have a child or
children shall be guilty of a misdemeanor and on conviction thereof shall
be punished by a fine of not less than fifty nor more than one hundred
dollars for each offense; provided, however, the prohibition against
discrimination against children in dwelling houses and manufactured home
parks contained in this section shall not apply to: (1) housing units for senior
citizens subsidized, insured, or guaranteed by the federal government; or
(2) one or two family owner occupied dwelling houses or manufactured
homes; or (3) manufactured home . . . ." RPL 237-a.
,Jane served Peter by delivering the process to John, an 18-year-old of sound mind, at
Peter’s home on January 1. On January 5, Jane mailed the process to Peter’s last known
residence. On January 25, Jane filed proof of service. Peter’s time to respond:
A. Will not start, because Jane filed proof of service more than 20 days after she
delivered process on January 1
B. Will not start, because Jane delivered process to John and not Peter
C. Will start on January 25, because Jane completed service when she filed proof of
service
D. Will start 10 days after January 25, because Jane’s service of process was proper
Give this one a try later!
(D) "Personal service upon a natural person shall be made by . . . delivering
the summons within the state to a person of suitable age and discretion at
the actual place of business, dwelling place or usual place of abode of the
person to be served and by either mailing the summons to the person to
be served at his or her last known residence or by mailing the summons by
first class mail to the person to be served at his or her actual place of
business in an envelope bearing the legend "personal and confidential"
and not indicating on the outside thereof, by return address or otherwise,
that the communication is from an attorney or concerns an action against
the person to be served, such delivery and mailing to be effected within
twenty days of each other; proof of such service shall be filed with the
clerk of the court designated in the summons within twenty days of either
such delivery or mailing, whichever is effected later; service shall be
complete ten days after such filing . . . ." CPLR § 308
In 2010, Jason, an attorney, represented Claudia in a civil battery matter. In 2015, Jason
and Claudia entered into a sexual relationship. In 2017, the sexual relationship ended.
In 2020, Claudia asked Jason to represent her in a domestic relations matter. During
the representation, Jason began to have nostalgic feelings of their past relationship
and wants to get back together. May Jason reinitiate a sexual relationship?
A. Yes, because they had a sexual relationship in the past
, B. Yes, because this is a domestic relations matter
C. No, but Claudia may initiate a sexual relationship
D. No, because their past sexual relationship is not ongoing
Give this one a try later!
(D) "(1) A lawyer shall not: (i) as a condition of entering into or continuing
any professional representation by the lawyer or the lawyer's firm, require
or demand sexual relations with any person; (ii) employ coercion,
intimidation or undue influence in entering into sexual relations incident to
any professional representation by the lawyer or the lawyer's firm; or (iii) in
domestic relations matters, enter into sexual relations with a client during
the course of the lawyer's representation of the client. (2) Rule 1.8( j)(1) shall
not apply to sexual relations between lawyers and their spouses or to
ongoing consensual sexual relationships that predate the initiation of the
client-lawyer relationship." RPC Rule 1.8 ( j).
Kate sued Joan for civil battery. During the trial, the only evidence submitted was a
video footage that showed Joan kick Kate. Joan wants to submit opinion testimony
that she is a kind person. May Joan submit this evidence?
A. No, because Joan may only submit evidence by means of specific acts
B. No, because Kate has not submitted evidence directly calling into question Joan’s
character
C. Yes, because Joan may submit reputation evidence
D. Yes, because Kate submitted a video footage that showed Jane kick Kate
Give this one a try later!
(B) "[T]he use of evidence of good character in a civil case is more
restricted and may be admitted only after a person's good character has
been directly called into question by evidence of bad character or
otherwise." Kravitz v Long Is. Jewish- Hillside Med. Ctr., 113 AD2d 577 (2d
Dept 1985).
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
Give this one a try later!
"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
Jake went to a viewing of a two-family home he wanted to rent for one year. Lilly, the
property owner who also lived in the home, offered to rent the property to Jake, who
accepted, and set up a date to sign the lease. When Jake returned to sign the lease,
he arrived with his son. When Lilly saw Jake’s son, she decided to take back her offer.
If Jake sues Lilly for breach of contract, is he likely to succeed?
A. No, because Lilly lives on the home
B. No, because of the statute of frauds
C. Yes, because there was an offer an acceptance
D. Yes, because Lilly may not discriminate against Jake because he has a son
Give this one a try later!
(A) "Any person, firm or corporation owning or having in charge any
apartment house, tenement house or other building or manufactured home
park used for dwelling purposes who shall refuse to rent any or part of any
such building or manufactured home park to any person or family, or who
discriminates in the terms, conditions, or privileges of any such rental,
solely on the ground that such person or family has or have a child or
children shall be guilty of a misdemeanor and on conviction thereof shall
be punished by a fine of not less than fifty nor more than one hundred
dollars for each offense; provided, however, the prohibition against
discrimination against children in dwelling houses and manufactured home
parks contained in this section shall not apply to: (1) housing units for senior
citizens subsidized, insured, or guaranteed by the federal government; or
(2) one or two family owner occupied dwelling houses or manufactured
homes; or (3) manufactured home . . . ." RPL 237-a.
,Jane served Peter by delivering the process to John, an 18-year-old of sound mind, at
Peter’s home on January 1. On January 5, Jane mailed the process to Peter’s last known
residence. On January 25, Jane filed proof of service. Peter’s time to respond:
A. Will not start, because Jane filed proof of service more than 20 days after she
delivered process on January 1
B. Will not start, because Jane delivered process to John and not Peter
C. Will start on January 25, because Jane completed service when she filed proof of
service
D. Will start 10 days after January 25, because Jane’s service of process was proper
Give this one a try later!
(D) "Personal service upon a natural person shall be made by . . . delivering
the summons within the state to a person of suitable age and discretion at
the actual place of business, dwelling place or usual place of abode of the
person to be served and by either mailing the summons to the person to
be served at his or her last known residence or by mailing the summons by
first class mail to the person to be served at his or her actual place of
business in an envelope bearing the legend "personal and confidential"
and not indicating on the outside thereof, by return address or otherwise,
that the communication is from an attorney or concerns an action against
the person to be served, such delivery and mailing to be effected within
twenty days of each other; proof of such service shall be filed with the
clerk of the court designated in the summons within twenty days of either
such delivery or mailing, whichever is effected later; service shall be
complete ten days after such filing . . . ." CPLR § 308
In 2010, Jason, an attorney, represented Claudia in a civil battery matter. In 2015, Jason
and Claudia entered into a sexual relationship. In 2017, the sexual relationship ended.
In 2020, Claudia asked Jason to represent her in a domestic relations matter. During
the representation, Jason began to have nostalgic feelings of their past relationship
and wants to get back together. May Jason reinitiate a sexual relationship?
A. Yes, because they had a sexual relationship in the past
, B. Yes, because this is a domestic relations matter
C. No, but Claudia may initiate a sexual relationship
D. No, because their past sexual relationship is not ongoing
Give this one a try later!
(D) "(1) A lawyer shall not: (i) as a condition of entering into or continuing
any professional representation by the lawyer or the lawyer's firm, require
or demand sexual relations with any person; (ii) employ coercion,
intimidation or undue influence in entering into sexual relations incident to
any professional representation by the lawyer or the lawyer's firm; or (iii) in
domestic relations matters, enter into sexual relations with a client during
the course of the lawyer's representation of the client. (2) Rule 1.8( j)(1) shall
not apply to sexual relations between lawyers and their spouses or to
ongoing consensual sexual relationships that predate the initiation of the
client-lawyer relationship." RPC Rule 1.8 ( j).
Kate sued Joan for civil battery. During the trial, the only evidence submitted was a
video footage that showed Joan kick Kate. Joan wants to submit opinion testimony
that she is a kind person. May Joan submit this evidence?
A. No, because Joan may only submit evidence by means of specific acts
B. No, because Kate has not submitted evidence directly calling into question Joan’s
character
C. Yes, because Joan may submit reputation evidence
D. Yes, because Kate submitted a video footage that showed Jane kick Kate
Give this one a try later!
(B) "[T]he use of evidence of good character in a civil case is more
restricted and may be admitted only after a person's good character has
been directly called into question by evidence of bad character or
otherwise." Kravitz v Long Is. Jewish- Hillside Med. Ctr., 113 AD2d 577 (2d
Dept 1985).
