NYLE UPDATED Exam Questions and
CORRECT Answers
Civ Pro (1): Can you email service? - CORRECT ANSWER - Email is allowed IF the
court approves
Civ Pro (2): If you live in a NY condo, but also goes to a home in another NY county on
weekends, where must you be served? - CORRECT ANSWER - You must be served in
BOTH counties
Civ Pro (3): What is NOT a way to appear in an action - CORRECT ANSWER - Agreeing
to accept service
Civ Pro (4): When is verification of an answer needed? - CORRECT ANSWER - In all
actions where the complaint was verified
Civ Pro (5): Service of a pre-answer motion to dismiss.... - CORRECT ANSWER -
Extends 10 days service notice of entry
Civ Pro (6): A party who applies for a temporary restraining order... - CORRECT
ANSWER - Must give notice for all cases pursuant to the rule of the Supreme court
Civ Pro (7): If a party to an action wishes to seek relief on an expedited basis, the party should
file... - CORRECT ANSWER - An order to show cause
Civ Pro (8): Support for motion of summary judgment, attorney affirmation: - CORRECT
ANSWER - No probative value
Civ Pro (9): Corporation's documents for discovery... - CORRECT ANSWER - Presumed
to be authentic but NOT necessarily admissible
, Civ Pro (10): If an appeal signed by judge, but not filed by clerk, the appeal time starts... -
CORRECT ANSWER - The appeal time has NOT yet begun
Civ Pro (11): May an attorney request docs? - CORRECT ANSWER - Yes and they may
direct that the responsive docs are served directly on the attorney as long as they give notice to
the opposing party
Crim Pro (1): Ignorance of the law... - CORRECT ANSWER - Is NEVER a defense for a
criminal charge
Crim Pro (2): Defense of entrapment... - CORRECT ANSWER - Must be proven by
defense by the preponderance of the evidence
Crim Pro (3): County courts have jurisdiction over... - CORRECT ANSWER - ALL
criminal charges
Crim Pro (4): A showing that the D charged with murder in the second degree was experiencing
an extreme and emotional disturbance at the time he committed the rime - CORRECT
ANSWER - Could be a basis for reducing the murder charge to a manslaughter charge
Crim Pro (5): What does NOT meet the definition of "serious physical injury: under Penal Law
for crime of assault - CORRECT ANSWER - Significant pain
Crim Pro (6): Murder in the 1st degree is intentional killing of the following victims EXCEPT: -
CORRECT ANSWER - Clergy Member
Crim Pro (7): Person knowingly enters a building (not dwelling) with intent to commit a crime: -
CORRECT ANSWER - Is guilty of Burglary in the THIRD whether or not crime is
committed
Crim Pro (8): If police blocks road with car lights and sirens, is that unlawful seizure? -
CORRECT ANSWER - Yes, if a reasonable person believed significant limit
CORRECT Answers
Civ Pro (1): Can you email service? - CORRECT ANSWER - Email is allowed IF the
court approves
Civ Pro (2): If you live in a NY condo, but also goes to a home in another NY county on
weekends, where must you be served? - CORRECT ANSWER - You must be served in
BOTH counties
Civ Pro (3): What is NOT a way to appear in an action - CORRECT ANSWER - Agreeing
to accept service
Civ Pro (4): When is verification of an answer needed? - CORRECT ANSWER - In all
actions where the complaint was verified
Civ Pro (5): Service of a pre-answer motion to dismiss.... - CORRECT ANSWER -
Extends 10 days service notice of entry
Civ Pro (6): A party who applies for a temporary restraining order... - CORRECT
ANSWER - Must give notice for all cases pursuant to the rule of the Supreme court
Civ Pro (7): If a party to an action wishes to seek relief on an expedited basis, the party should
file... - CORRECT ANSWER - An order to show cause
Civ Pro (8): Support for motion of summary judgment, attorney affirmation: - CORRECT
ANSWER - No probative value
Civ Pro (9): Corporation's documents for discovery... - CORRECT ANSWER - Presumed
to be authentic but NOT necessarily admissible
, Civ Pro (10): If an appeal signed by judge, but not filed by clerk, the appeal time starts... -
CORRECT ANSWER - The appeal time has NOT yet begun
Civ Pro (11): May an attorney request docs? - CORRECT ANSWER - Yes and they may
direct that the responsive docs are served directly on the attorney as long as they give notice to
the opposing party
Crim Pro (1): Ignorance of the law... - CORRECT ANSWER - Is NEVER a defense for a
criminal charge
Crim Pro (2): Defense of entrapment... - CORRECT ANSWER - Must be proven by
defense by the preponderance of the evidence
Crim Pro (3): County courts have jurisdiction over... - CORRECT ANSWER - ALL
criminal charges
Crim Pro (4): A showing that the D charged with murder in the second degree was experiencing
an extreme and emotional disturbance at the time he committed the rime - CORRECT
ANSWER - Could be a basis for reducing the murder charge to a manslaughter charge
Crim Pro (5): What does NOT meet the definition of "serious physical injury: under Penal Law
for crime of assault - CORRECT ANSWER - Significant pain
Crim Pro (6): Murder in the 1st degree is intentional killing of the following victims EXCEPT: -
CORRECT ANSWER - Clergy Member
Crim Pro (7): Person knowingly enters a building (not dwelling) with intent to commit a crime: -
CORRECT ANSWER - Is guilty of Burglary in the THIRD whether or not crime is
committed
Crim Pro (8): If police blocks road with car lights and sirens, is that unlawful seizure? -
CORRECT ANSWER - Yes, if a reasonable person believed significant limit
