NYLE Module Test Questions and Correct
Answers
Question 1
The term "intangible personal property" includes all of the following except:
a) Cash.
b) Motor vehicles.
c) An investment account.
d) A bank account.
Correct Answer
b) Motor vehicles.
Question 2
By paying the attorney registration fee, an attorney is contributing to which one of
the following organizations?
a) The New York State Bar Association Committee on Professional Ethics.
b) The American Bar Association Committee on Professional Ethics.
c) The New York Lawyer's Fund for Client Protection.
d)The New York State Grievance Committee.
Correct Answer
c) The New York Lawyer's Fund for Client Protection.
Question 3
A lawyer who represents a seller in a real estate contract and who receives a $5,000
deposit on the purchase price in trust for the seller and buyer....
Correct Answer
Must deposit the $5,000 in his attorney trust account.
Page 1 of 17
,Question 4
Whether a person has acted under extreme emotional disturbance for which there is a
reasonable explanation is determined from the viewpoint of:
a) A reasonable person under similar circumstances.
b) A person in the defendant's situation, under the same circumstances.
c) A person in the defendant's situation, under the circumstances as a reasonable
person would believe them to be.
d) A person in the defendant's situation, under the circumstances as the defendant
believed them to be.
Correct Answer
d) A person in the defendant's situation, under the circumstances as the defendant
believed them to be.
Question 5
In order to have a joint interest in real property pass under a testator's will, title to the
real property must be held by the testator and a second person as:
a) Joint tenants with right of survivorship.
b) Tenants in common, only.
c) Tenants by the entirety, only.
d) Either tenants in common or tenants by the entirety.
Correct Answer
b) Tenants in common, only.
Question 6
Which one of the following statements is not true regarding a constructive trust?
a) It is an equitable remedy for purpose of preventing unjust enrichment.
b) It generally requires a promise to hold property in trust for another.
c) It generally requires a wrongful act.
d) It generally requires a confidential or fiduciary relationship.
Correct Answer
c) It generally requires a wrongful act.
Page 2 of 17
, Question 7
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:
a) Whether the nonresident is domiciled in a jurisdiction located outside of the United
States.
b) Whether the action has been timely brought under New York law.
c) Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
d) Whether there is a law in New York relevant to the dispute that protects New York
residents.
Correct Answer
c) Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
Question 8
Under a duly executed power of attorney, an agent:
a) Must act according to the agent's judgment as to what is in the best interest of the
principal, regardless of the principal's instructions to the contrary.
b) Must observe the standard of care of a prudent person dealing with the property
of another.
c) May comingle her funds with those of the principal, provided accurate and
complete records are maintained.
d) May make gifts to herself, regardless of whether a separate gifts rider is executed,
in any amount.
Correct Answer
b) Must observe the standard of care of a prudent person dealing with the property
of another.
Page 3 of 17
Answers
Question 1
The term "intangible personal property" includes all of the following except:
a) Cash.
b) Motor vehicles.
c) An investment account.
d) A bank account.
Correct Answer
b) Motor vehicles.
Question 2
By paying the attorney registration fee, an attorney is contributing to which one of
the following organizations?
a) The New York State Bar Association Committee on Professional Ethics.
b) The American Bar Association Committee on Professional Ethics.
c) The New York Lawyer's Fund for Client Protection.
d)The New York State Grievance Committee.
Correct Answer
c) The New York Lawyer's Fund for Client Protection.
Question 3
A lawyer who represents a seller in a real estate contract and who receives a $5,000
deposit on the purchase price in trust for the seller and buyer....
Correct Answer
Must deposit the $5,000 in his attorney trust account.
Page 1 of 17
,Question 4
Whether a person has acted under extreme emotional disturbance for which there is a
reasonable explanation is determined from the viewpoint of:
a) A reasonable person under similar circumstances.
b) A person in the defendant's situation, under the same circumstances.
c) A person in the defendant's situation, under the circumstances as a reasonable
person would believe them to be.
d) A person in the defendant's situation, under the circumstances as the defendant
believed them to be.
Correct Answer
d) A person in the defendant's situation, under the circumstances as the defendant
believed them to be.
Question 5
In order to have a joint interest in real property pass under a testator's will, title to the
real property must be held by the testator and a second person as:
a) Joint tenants with right of survivorship.
b) Tenants in common, only.
c) Tenants by the entirety, only.
d) Either tenants in common or tenants by the entirety.
Correct Answer
b) Tenants in common, only.
Question 6
Which one of the following statements is not true regarding a constructive trust?
a) It is an equitable remedy for purpose of preventing unjust enrichment.
b) It generally requires a promise to hold property in trust for another.
c) It generally requires a wrongful act.
d) It generally requires a confidential or fiduciary relationship.
Correct Answer
c) It generally requires a wrongful act.
Page 2 of 17
, Question 7
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:
a) Whether the nonresident is domiciled in a jurisdiction located outside of the United
States.
b) Whether the action has been timely brought under New York law.
c) Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
d) Whether there is a law in New York relevant to the dispute that protects New York
residents.
Correct Answer
c) Whether there is an actual conflict between the laws of New York and the other
jurisdiction that governs the parties' dispute.
Question 8
Under a duly executed power of attorney, an agent:
a) Must act according to the agent's judgment as to what is in the best interest of the
principal, regardless of the principal's instructions to the contrary.
b) Must observe the standard of care of a prudent person dealing with the property
of another.
c) May comingle her funds with those of the principal, provided accurate and
complete records are maintained.
d) May make gifts to herself, regardless of whether a separate gifts rider is executed,
in any amount.
Correct Answer
b) Must observe the standard of care of a prudent person dealing with the property
of another.
Page 3 of 17
