NYLE – Focus UPDATED ACTUAL Exam
Questions and CORRECT Answers
_D may raise any available procedural grounds to dismiss an action against him but if D makes a
pre-answer motion and fails to include a defense based upon lack of personal jurisdiction or lack
of jurisdiction where service was made - CORRECT ANSWER - those defenses are
waived
_Defenses asserting that a defense is set out in documentary evidence, there's lack of legal
capacity to sue, another action pending, or defenses such as collateral estoppel, release, res
judicata, statute of limitations or statute of frauds are waived unless - CORRECT
ANSWER - raised in pre-answer motion/defense in the answer
_The requirement to move for judgment when objecting due to failure to serve is waived unless
the objecting party moves for judgment on such ground within - CORRECT ANSWER -
60 days after serving the pleading
_Objections based upon lack of subject matter jurisdiction, failure to state a cause of action, or
failure to join a necessary party may be raised: - CORRECT ANSWER - at any time by
motion or in a subsequent pleading, are non-waivable and so may be raised even if a pre-answer
motion or answer was served
_Hearsay may be received into evidence only if it falls within one of the exceptions and as long
as the proponent demonstrates that the evidence is - CORRECT ANSWER - reliable, in
that when spoken, it was spoken under circumstances which render it highly probable that it was
truthful
_Hearsay is - CORRECT ANSWER - an oral or written out-of-court statements offered for
the truth of the matters they assert
_A present sense impression statement, even though hearsay, is admissible when the statement
describes or explains an event or condition and was made - CORRECT ANSWER - while
the declarant was perceiving the event or condition, or immediately thereafter, and the content of
the statement is corroborated by independent proof
Questions and CORRECT Answers
_D may raise any available procedural grounds to dismiss an action against him but if D makes a
pre-answer motion and fails to include a defense based upon lack of personal jurisdiction or lack
of jurisdiction where service was made - CORRECT ANSWER - those defenses are
waived
_Defenses asserting that a defense is set out in documentary evidence, there's lack of legal
capacity to sue, another action pending, or defenses such as collateral estoppel, release, res
judicata, statute of limitations or statute of frauds are waived unless - CORRECT
ANSWER - raised in pre-answer motion/defense in the answer
_The requirement to move for judgment when objecting due to failure to serve is waived unless
the objecting party moves for judgment on such ground within - CORRECT ANSWER -
60 days after serving the pleading
_Objections based upon lack of subject matter jurisdiction, failure to state a cause of action, or
failure to join a necessary party may be raised: - CORRECT ANSWER - at any time by
motion or in a subsequent pleading, are non-waivable and so may be raised even if a pre-answer
motion or answer was served
_Hearsay may be received into evidence only if it falls within one of the exceptions and as long
as the proponent demonstrates that the evidence is - CORRECT ANSWER - reliable, in
that when spoken, it was spoken under circumstances which render it highly probable that it was
truthful
_Hearsay is - CORRECT ANSWER - an oral or written out-of-court statements offered for
the truth of the matters they assert
_A present sense impression statement, even though hearsay, is admissible when the statement
describes or explains an event or condition and was made - CORRECT ANSWER - while
the declarant was perceiving the event or condition, or immediately thereafter, and the content of
the statement is corroborated by independent proof
