NYLE - Mixed (Part 1) UPDATED
ACTUAL Exam Questions and CORRECT
Answers
_"Automatic orders," with which D must be served simultaneously with the service of the
summons prevent either party from - CORRECT ANSWER - unilaterally changing the
economic status quo of the relationship by disposing of property, incurring debts, removing the
other party or the children from existing medical insurance, or changing beneficiaries on existing
insurance policies
_"Basic economic loss" per person is defined as up to - CORRECT ANSWER - $50k for
all necessary medical and related expenses (provided the need is ascertainable within 1 year from
the accident), up to $2k per month for up to 3 years from the accident for loss of earnings, and up
to $25 per day for not more than 1 year from the the accident for all other reasonable and
necessary expenses
_"Finality" in an administrative proceedings context, means that - CORRECT ANSWER -
a party must wait until ALL phases of the agency adjudication are complete
_"First-party benefits" under statutory no-fault insurance law, are payments to - CORRECT
ANSWER - reimburse an injured person for "basic economic loss," less 20% of lost
earnings and amounts paid under state or federal law in disability or workers' compensation
benefits
_"Impleader" or third-party practice is a procedure whereby D is permitted to proceed against a
person not a party, who is or may be liable to D for all or part of P's claim, by - CORRECT
ANSWER - bringing in that person, after the service of his answer, so that the original
claim and the related claim against the added person may be decided in a single suit
_"Offense" in the context of double jeopardy protection, is defined - CORRECT
ANSWER - narrowly, prohibiting only prosecuting the same person twice under the same
statute for the same act, the test to determine whether there are two offenses or only one is
whether each provision requires proof of a fact which the other does not
,_"Slander per se" consists of statements - CORRECT ANSWER - (i) charging P with a
serious crime (ii) that tend to injure P in his profession (iii) that P has a loathsome disease or (iv)
imputing unchastity to a woman
_"Specific intent" to commit a crime may be inconsistent with the required mental culpability of
the crime in that D cannot be charged with - CORRECT ANSWER - an attempt to commit
manslaughter, or depraved indifference murder, or felony murder, or reckless/criminally
negligent assault
_A "covered person" is a pedestrian, owner, operator or occupant injured through - CORRECT
ANSWER - the use or operation of a motor vehicle
_A "permanently neglected child" is a child who is in the care of an authorized agency and
whose parent or custodian has, although physically and financially able to do so, notwithstanding
the agency's diligent efforts to encourage and strengthen the parental relationship (when such
efforts will not be detrimental to the best interests of the child) - CORRECT ANSWER -
failed for a period of time substantially and continuously to maintain contact with the child or
plan for the child's future
_A beneficiary must renounce (disclaim) a disposition within - CORRECT ANSWER -9
months of a transfer, and the disclaimer is irrevocable
_A bill of particulars is used to - CORRECT ANSWER - amplify the pleadings (not to
obtain evidence) and is available between parties in an action
_A bill of particulars may be amended once - CORRECT ANSWER - without leave of
court before a note of issue is filed
_A child born of married parents, or a child born to a married woman by means of artificial
insemination with the consent of the woman and her husband, is - CORRECT ANSWER -
the legitimate child of both parents
,_A child born of parents who, though not married at the time of the child's birth, but later marry
is - CORRECT ANSWER - recognized as the legitimate child of both parents and a
presumption of legitimacy of a child whose parents marry at a later date is created
_A child, if over [ ], may consent to be adopted - CORRECT ANSWER - 14 years
_A child's legitimacy is - CORRECT ANSWER - not affected by a subsequent judgment
of separation or divorce
_A contract is generally voidable and subject to rescission or reformation where a mistake of fact
is - CORRECT ANSWER - mutual, substantial, so material that it goes to the foundation
of the agreement, exists at the time the contract is entered into and any court-ordered relief is
reserved only for "exceptional situations"
_A contract is substantially unconscionable where the terms - CORRECT ANSWER - are
unreasonably favorable to one party
_A contract with an infant is binding on the other contracting party - CORRECT
ANSWER - so long as the infant does not elect to disaffirm it during his infancy or within
a reasonable time after turning 18
_A conveyance or other act that's wholly inconsistent with a previous disposition - CORRECT
ANSWER - revokes that disposition
_A cop is allowed to arrest a person, without a warrant, for a felony or a misdemeanor but *not
an offense* if the cop - CORRECT ANSWER - has reasonable cause to believe that a
person committed a crime, whether or not in his presence
_A cop may inquire if - CORRECT ANSWER - a founded suspicion that criminality is
afoot which permits somewhat greater intrusion
, _A copy of a lost or destroyed will may be submitted for probate only if it's established that -
CORRECT ANSWER - the will has not been revoked, the will was properly executed, and
all of the provisions of the will can be proved by at least 2 credible witnesses, or by a copy or
draft of the will proved to be true and complete
_A court is not bound by a parents' agreement that - CORRECT ANSWER - fails to
provide for adequate support for the parties' children
_A court may not reduce or annul child support in arrears for any reason or for any period prior
to - CORRECT ANSWER - the initiation of an application for such modification
_A court may vacate a judgment or order upon such terms and conditions - CORRECT
ANSWER - as may be just
_A court, on its own motion or on the motion of any party, may order the mother, the child, and
the alleged/putative father to submit to genetic marker or DNA tests and if they show paternity to
a degree of certainty of - CORRECT ANSWER - 95% or more a rebuttable presumption of
paternity is created
_A court's long-arm jurisdiction confers a "special jurisdiction" cause of action which arises out
of - CORRECT ANSWER - D's state-connected activity and statute contains a list of those
activities
_A criminal D, who testifies, may be cross-examined concerning - CORRECT ANSWER -
prior "criminal, vicious or immoral acts" that bear logically on that individual's credibility as a
witness
_A cross claim is a cause of action by - CORRECT ANSWER - one D against another
which may be asserted between Ds for any cause of action at all, *whether or not related to P's
claim*
ACTUAL Exam Questions and CORRECT
Answers
_"Automatic orders," with which D must be served simultaneously with the service of the
summons prevent either party from - CORRECT ANSWER - unilaterally changing the
economic status quo of the relationship by disposing of property, incurring debts, removing the
other party or the children from existing medical insurance, or changing beneficiaries on existing
insurance policies
_"Basic economic loss" per person is defined as up to - CORRECT ANSWER - $50k for
all necessary medical and related expenses (provided the need is ascertainable within 1 year from
the accident), up to $2k per month for up to 3 years from the accident for loss of earnings, and up
to $25 per day for not more than 1 year from the the accident for all other reasonable and
necessary expenses
_"Finality" in an administrative proceedings context, means that - CORRECT ANSWER -
a party must wait until ALL phases of the agency adjudication are complete
_"First-party benefits" under statutory no-fault insurance law, are payments to - CORRECT
ANSWER - reimburse an injured person for "basic economic loss," less 20% of lost
earnings and amounts paid under state or federal law in disability or workers' compensation
benefits
_"Impleader" or third-party practice is a procedure whereby D is permitted to proceed against a
person not a party, who is or may be liable to D for all or part of P's claim, by - CORRECT
ANSWER - bringing in that person, after the service of his answer, so that the original
claim and the related claim against the added person may be decided in a single suit
_"Offense" in the context of double jeopardy protection, is defined - CORRECT
ANSWER - narrowly, prohibiting only prosecuting the same person twice under the same
statute for the same act, the test to determine whether there are two offenses or only one is
whether each provision requires proof of a fact which the other does not
,_"Slander per se" consists of statements - CORRECT ANSWER - (i) charging P with a
serious crime (ii) that tend to injure P in his profession (iii) that P has a loathsome disease or (iv)
imputing unchastity to a woman
_"Specific intent" to commit a crime may be inconsistent with the required mental culpability of
the crime in that D cannot be charged with - CORRECT ANSWER - an attempt to commit
manslaughter, or depraved indifference murder, or felony murder, or reckless/criminally
negligent assault
_A "covered person" is a pedestrian, owner, operator or occupant injured through - CORRECT
ANSWER - the use or operation of a motor vehicle
_A "permanently neglected child" is a child who is in the care of an authorized agency and
whose parent or custodian has, although physically and financially able to do so, notwithstanding
the agency's diligent efforts to encourage and strengthen the parental relationship (when such
efforts will not be detrimental to the best interests of the child) - CORRECT ANSWER -
failed for a period of time substantially and continuously to maintain contact with the child or
plan for the child's future
_A beneficiary must renounce (disclaim) a disposition within - CORRECT ANSWER -9
months of a transfer, and the disclaimer is irrevocable
_A bill of particulars is used to - CORRECT ANSWER - amplify the pleadings (not to
obtain evidence) and is available between parties in an action
_A bill of particulars may be amended once - CORRECT ANSWER - without leave of
court before a note of issue is filed
_A child born of married parents, or a child born to a married woman by means of artificial
insemination with the consent of the woman and her husband, is - CORRECT ANSWER -
the legitimate child of both parents
,_A child born of parents who, though not married at the time of the child's birth, but later marry
is - CORRECT ANSWER - recognized as the legitimate child of both parents and a
presumption of legitimacy of a child whose parents marry at a later date is created
_A child, if over [ ], may consent to be adopted - CORRECT ANSWER - 14 years
_A child's legitimacy is - CORRECT ANSWER - not affected by a subsequent judgment
of separation or divorce
_A contract is generally voidable and subject to rescission or reformation where a mistake of fact
is - CORRECT ANSWER - mutual, substantial, so material that it goes to the foundation
of the agreement, exists at the time the contract is entered into and any court-ordered relief is
reserved only for "exceptional situations"
_A contract is substantially unconscionable where the terms - CORRECT ANSWER - are
unreasonably favorable to one party
_A contract with an infant is binding on the other contracting party - CORRECT
ANSWER - so long as the infant does not elect to disaffirm it during his infancy or within
a reasonable time after turning 18
_A conveyance or other act that's wholly inconsistent with a previous disposition - CORRECT
ANSWER - revokes that disposition
_A cop is allowed to arrest a person, without a warrant, for a felony or a misdemeanor but *not
an offense* if the cop - CORRECT ANSWER - has reasonable cause to believe that a
person committed a crime, whether or not in his presence
_A cop may inquire if - CORRECT ANSWER - a founded suspicion that criminality is
afoot which permits somewhat greater intrusion
, _A copy of a lost or destroyed will may be submitted for probate only if it's established that -
CORRECT ANSWER - the will has not been revoked, the will was properly executed, and
all of the provisions of the will can be proved by at least 2 credible witnesses, or by a copy or
draft of the will proved to be true and complete
_A court is not bound by a parents' agreement that - CORRECT ANSWER - fails to
provide for adequate support for the parties' children
_A court may not reduce or annul child support in arrears for any reason or for any period prior
to - CORRECT ANSWER - the initiation of an application for such modification
_A court may vacate a judgment or order upon such terms and conditions - CORRECT
ANSWER - as may be just
_A court, on its own motion or on the motion of any party, may order the mother, the child, and
the alleged/putative father to submit to genetic marker or DNA tests and if they show paternity to
a degree of certainty of - CORRECT ANSWER - 95% or more a rebuttable presumption of
paternity is created
_A court's long-arm jurisdiction confers a "special jurisdiction" cause of action which arises out
of - CORRECT ANSWER - D's state-connected activity and statute contains a list of those
activities
_A criminal D, who testifies, may be cross-examined concerning - CORRECT ANSWER -
prior "criminal, vicious or immoral acts" that bear logically on that individual's credibility as a
witness
_A cross claim is a cause of action by - CORRECT ANSWER - one D against another
which may be asserted between Ds for any cause of action at all, *whether or not related to P's
claim*
