A charge of vehicular assault in the second degree may arise from any of the
following activities, except:
a) Driving a boat while under the influence of drugs.
b) Driving a snowmobile while intoxicated.
c) Driving an all-terrain vehicle while texting.
c) Driving a motor vehicle while talking on a cell phone. Ans✓✓-c) Driving a
motor vehicle while talking on a cell phone.
A husband and wife, both of whom turned 18 last month, entered into a contract
to borrow money from a bank to purchase a home when they were 17. May they
disaffirm the contract now that they have turned 18?
a) Yes, because an infant may disaffirm any contract that the infant entered into
prior to reaching the age of 18.
b) Yes, because a contract entered into by an infant to borrow money to purchase
a home may always be disaffirmed
c) No, because there is no right to disaffirm a contract entered into at age 17. d)
No, because a married couple may not disaffirm a contract they entered into as
infants to borrow money to purchase a home. Ans✓✓-d) No, because a married
couple may not disaffirm a contract they entered into as infants to borrow money
to purchase a home.
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.... Ans✓✓-Must
deposit the $5,000 in his attorney trust account.
A lawyer's failure to meet the biannual attorney registration requirement:
,a) Is not professional misconduct, but will result in a judgment against the lawyer.
b) Is not professional misconduct, but will suspend the lawyer's driving privileges.
c) Is professional misconduct that may result in a disciplinary suspension.
d) Is professional misconduct that may result in an administrative suspension.
Ans✓✓-c) Is professional misconduct that may result in a disciplinary suspension.
A lender foreclosed on a mortgage and the total judgment with interest at the
time of sale was $500,000. At the foreclosure sale, the property sold for $350,000.
Is the lender entitled to seek a deficiency judgment against the borrower if the
court determines the market value of the property is $400,000?
a) No, because the lender accepted a sale price less than the debt.
b) No, because the lender accepted a sale price less than the market value as
determined by the court.
c) Yes, in the amount of $150,000.
d) Yes, in the amount of $100,000. Ans✓✓-d) Yes, in the amount of $100,000.
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. Ans✓✓-c) Whether there is an actual conflict between the laws of
New York and the other jurisdiction that governs the parties' dispute.
, A party who applies for a temporary restraining order:
a) Must put the opposing party on notice of the application in all cases, pursuant
to the rules applicable to cases brought in supreme court.
b) Must put the opposing party on notice only if directed to do so by the court.
c) Must put the opposing party on notice of the application only if the matter is
assigned to the Commercial Division of the Supreme Court.
d) Is never required to put the opposing party on notice of the application, in
order to avoid any irreparable injury pending a hearing on the motion. Ans✓✓-a)
Must put the opposing party on notice of the application in all cases, pursuant to
the rules applicable to cases brought in supreme court.
A periodic tenancy:
a) Must be created by a lease.
b) May be terminated by the tenant but not the landlord.
c) Terminates when the tenant sublets the premises with the landlord's consent.
d) Is created if a tenant remains in possession after the lease ends and the
landlord accepts rent. Ans✓✓-d) Is created if a tenant remains in possession after
the lease ends and the landlord accepts rent.
A vote of the shareholders is required to:
a) Amend the certificate of incorporation but not to approve a merger.
b) Approve a merger but not to amend the certificate of incorporation.
c) Both amend the certificate of incorporation and approve a merger.
d) A vote of the shareholders is NOT required to amend the certificate of
incorporation or to approve a merger. Ans✓✓-c) Both amend the certificate of
incorporation and approve a merger.