NYLE REVISION STUDY BANK WITH
FREQUENTLY TESTED QUESTIONS AND
VERIFIED SOLUTIONS A+ GRADED.
On January 1, 2020, Peter, the customer, went to a shop and asked Paul,
the shopkeeper, where he could find a navy bag. Paul picked up a navy-
looking bag and handed it to Peter. When Peter went home, he kept the
bag in its box. On January 5, 2020, Peter opened the box and realized
that the bag was black. Peter plans to return the bag and void the sales
contract. Will Peter succeed?
OPTIONS
A. No, because the mistake was recognized existed only after the sale
occurred
B. No, because the mistake was not material to the sale
C. Yes, because the mistake existed at the time the contract was made
D. Yes, because Peter's realization of
the mistake was timely
ANSWER
C. Yes, because the mistake existed at the time the contract was made
On January 1, the defendant was served via deliver-and-mail service, but
the complaint was not served with the summons. The defendant served a
written demand for the complaint on January 31. The plaintiff served the
complaint on February 15. The defendant filed a notice of appearance on
March 15. Was the defendant's appearance timely?
OPTIONS
A. Yes, because the defendant served a written demand for the complaint
which extended the time to appear
B. Yes, because the plaintiff did not serve the complaint with the original
service, which extended the time to appear
C. No, because the defendant served the demand for the complaint more
,than 20 days from the date of service
D. No, because the defendant filed a
notice of appearance late
ANSWER
D. No, because the defendant filed a
notice of appearance late
Pete sued Zoe and Alex for negligence. Zoe filed a counterclaim against
Pete for negligence resulting from the same facts as the original lawsuit.
Alex filed a counterclaim against Pete resulting from separate facts as the
original lawsuit. Alex also filed a crossclaim against Zoe for libel
stemming from a separate incident from the original lawsuit. Which claims
may be permitted?
OPTIONS
A. Zoe's counterclaim against Pete
B. Alex's counterclaim against Pete and Zoe's counterclaim against Pete
C. Alex's crossclaim against Zoe
D. All of the above
ANSWER
D. All of the above
Elizabeth lives in Connecticut, owns property in New York, and visits New
York frequently. Jane wants to sue Elizabeth for defamation based on an
incident that occurred while Elizabeth was in New York. Will the court
have personal jurisdiction over Elizabeth if Jane sues in New York?
OPTIONS
A. Yes, because New York's long-arm statute confers specific jurisdiction
over a nondomiciliary who commit a tortious act in New York
B. Yes, because Elizabeth owns property in New York
C. No, because New York's long-arm statute does not confer specific
jurisdiction over a nondomiciliary for a cause of action for defamation
D. No, because Elizabeth is not domiciled in New York
ANSWER
B. Yes, because Elizabeth owns property in New York
,John, a resident of New Jersey, commenced Action 1 in New York against
Sarah, a resident of New York. Sarah wants to sue John in a separate
action, Action 2. How may the court obtain personal jurisdiction over John
in Action 2?
OPTIONS
A. By serving process on John's New Jersey Attorney
B. By serving process on John's New York Attorney
C. By filing a counterclaim in Action 1 and dismissing Action 2
D. The court cannot obtain personal jurisdiction over a nonresident
ANSWER
B. By serving process on John's New York Attorney
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a
bona fide purchaser, did not record the conveyance. In March 2020, Luke
sold Blackacre to Sarah, a bona fide purchaser, who recorded the
conveyance in March 2020. In April 2020, Timothy recorded the
A. By serving process on John's New Jersey Attorney
conveyance. Who owns the property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
C. Sarah, because she is the last bona fide purchaser
D. Sarah, because she is a bona fide purchaser who recorded first
D. Sarah, because she is a bona fide purchaser who recorded first
The plaintiff, a resident of New York, filed a lawsuit against the defendant,
a corporation incorporated in New York, after the plaintiff fell from a
building while working as a subcontractor for the defendant in
Massachusetts. The plaintiff argues that a New York labor law requiring
worksites to be made safe should apply, while the defendant argues that
Massachusetts' law should apply. Which state's labor laws should apply?
A. New York, because both parties are domiciled in New York and the rule
is a conduct regulating rule
B. New York, because both parties are domiciled in New York and the rule
is a loss-allocation rule
, C. Massachusetts, because the tort occurred in Massachusetts and the rule
is a conduct regulating rule
D. Massachusetts, because the tort occurred in Massachusetts and the rule
is a loss-allocation rule
C. Massachusetts, because the tort occurred in Massachusetts and the rule is a
conduct regulating rule
In an action brought in New York, under New York law, the statute of
limitations in State B is procedural, while under the laws of State B, the
statute of limitations is substantive. The plaintiff argues that State B's
statute of limitations should apply, while the defendant argues that it
should not apply. Should the statute of limitations in State B apply?
A. Yes, because New York law determines whether a foreign law is
substantive or procedural
B. Yes, because State B's law is procedural so State B law governs
C. No, because State B's law determines whether a foreign law is
substantive or procedural
D. No, because State B's law is procedural so New York law governs
D. No, because State B's law is procedural so New York law governs
Jake took a walk in the evening and saw a man dressed in black and
wearing a hoodie standing in a dark alley. The man was watching elderly
females walk down a street. Jake said as he passed the man, "it's better to
do that after midnight. Crowly Street, less cameras. A ski mask works
best." That night, a man in a ski mask, Paul, was arrested for larceny after
stealing money from an elderly woman who was walking on Crowly
Street. Jake was subsequently arrested. At trial, the only evidence against
Jake was Paul's
C. No, because State B's law determines whether a foreign law is
substantive or procedural
testimony. Which of the following is true?
A. Jake is likely to be convicted because it is likely that he believed it was
probable that Paul was about to commit a crime and rendered aid to Paul
nonetheless
FREQUENTLY TESTED QUESTIONS AND
VERIFIED SOLUTIONS A+ GRADED.
On January 1, 2020, Peter, the customer, went to a shop and asked Paul,
the shopkeeper, where he could find a navy bag. Paul picked up a navy-
looking bag and handed it to Peter. When Peter went home, he kept the
bag in its box. On January 5, 2020, Peter opened the box and realized
that the bag was black. Peter plans to return the bag and void the sales
contract. Will Peter succeed?
OPTIONS
A. No, because the mistake was recognized existed only after the sale
occurred
B. No, because the mistake was not material to the sale
C. Yes, because the mistake existed at the time the contract was made
D. Yes, because Peter's realization of
the mistake was timely
ANSWER
C. Yes, because the mistake existed at the time the contract was made
On January 1, the defendant was served via deliver-and-mail service, but
the complaint was not served with the summons. The defendant served a
written demand for the complaint on January 31. The plaintiff served the
complaint on February 15. The defendant filed a notice of appearance on
March 15. Was the defendant's appearance timely?
OPTIONS
A. Yes, because the defendant served a written demand for the complaint
which extended the time to appear
B. Yes, because the plaintiff did not serve the complaint with the original
service, which extended the time to appear
C. No, because the defendant served the demand for the complaint more
,than 20 days from the date of service
D. No, because the defendant filed a
notice of appearance late
ANSWER
D. No, because the defendant filed a
notice of appearance late
Pete sued Zoe and Alex for negligence. Zoe filed a counterclaim against
Pete for negligence resulting from the same facts as the original lawsuit.
Alex filed a counterclaim against Pete resulting from separate facts as the
original lawsuit. Alex also filed a crossclaim against Zoe for libel
stemming from a separate incident from the original lawsuit. Which claims
may be permitted?
OPTIONS
A. Zoe's counterclaim against Pete
B. Alex's counterclaim against Pete and Zoe's counterclaim against Pete
C. Alex's crossclaim against Zoe
D. All of the above
ANSWER
D. All of the above
Elizabeth lives in Connecticut, owns property in New York, and visits New
York frequently. Jane wants to sue Elizabeth for defamation based on an
incident that occurred while Elizabeth was in New York. Will the court
have personal jurisdiction over Elizabeth if Jane sues in New York?
OPTIONS
A. Yes, because New York's long-arm statute confers specific jurisdiction
over a nondomiciliary who commit a tortious act in New York
B. Yes, because Elizabeth owns property in New York
C. No, because New York's long-arm statute does not confer specific
jurisdiction over a nondomiciliary for a cause of action for defamation
D. No, because Elizabeth is not domiciled in New York
ANSWER
B. Yes, because Elizabeth owns property in New York
,John, a resident of New Jersey, commenced Action 1 in New York against
Sarah, a resident of New York. Sarah wants to sue John in a separate
action, Action 2. How may the court obtain personal jurisdiction over John
in Action 2?
OPTIONS
A. By serving process on John's New Jersey Attorney
B. By serving process on John's New York Attorney
C. By filing a counterclaim in Action 1 and dismissing Action 2
D. The court cannot obtain personal jurisdiction over a nonresident
ANSWER
B. By serving process on John's New York Attorney
Luke owned Blackacre and sold it to Timothy in January 2020. Timothy, a
bona fide purchaser, did not record the conveyance. In March 2020, Luke
sold Blackacre to Sarah, a bona fide purchaser, who recorded the
conveyance in March 2020. In April 2020, Timothy recorded the
A. By serving process on John's New Jersey Attorney
conveyance. Who owns the property in May 2020?
A. Timothy, because he is the first bona fide purchaser
B. Timothy, because he is the first bona fide purchaser and also recorded
C. Sarah, because she is the last bona fide purchaser
D. Sarah, because she is a bona fide purchaser who recorded first
D. Sarah, because she is a bona fide purchaser who recorded first
The plaintiff, a resident of New York, filed a lawsuit against the defendant,
a corporation incorporated in New York, after the plaintiff fell from a
building while working as a subcontractor for the defendant in
Massachusetts. The plaintiff argues that a New York labor law requiring
worksites to be made safe should apply, while the defendant argues that
Massachusetts' law should apply. Which state's labor laws should apply?
A. New York, because both parties are domiciled in New York and the rule
is a conduct regulating rule
B. New York, because both parties are domiciled in New York and the rule
is a loss-allocation rule
, C. Massachusetts, because the tort occurred in Massachusetts and the rule
is a conduct regulating rule
D. Massachusetts, because the tort occurred in Massachusetts and the rule
is a loss-allocation rule
C. Massachusetts, because the tort occurred in Massachusetts and the rule is a
conduct regulating rule
In an action brought in New York, under New York law, the statute of
limitations in State B is procedural, while under the laws of State B, the
statute of limitations is substantive. The plaintiff argues that State B's
statute of limitations should apply, while the defendant argues that it
should not apply. Should the statute of limitations in State B apply?
A. Yes, because New York law determines whether a foreign law is
substantive or procedural
B. Yes, because State B's law is procedural so State B law governs
C. No, because State B's law determines whether a foreign law is
substantive or procedural
D. No, because State B's law is procedural so New York law governs
D. No, because State B's law is procedural so New York law governs
Jake took a walk in the evening and saw a man dressed in black and
wearing a hoodie standing in a dark alley. The man was watching elderly
females walk down a street. Jake said as he passed the man, "it's better to
do that after midnight. Crowly Street, less cameras. A ski mask works
best." That night, a man in a ski mask, Paul, was arrested for larceny after
stealing money from an elderly woman who was walking on Crowly
Street. Jake was subsequently arrested. At trial, the only evidence against
Jake was Paul's
C. No, because State B's law determines whether a foreign law is
substantive or procedural
testimony. Which of the following is true?
A. Jake is likely to be convicted because it is likely that he believed it was
probable that Paul was about to commit a crime and rendered aid to Paul
nonetheless
