NYLE – Evidence 2025/2026 Exam
Questions with 100% Correct Answers |
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Judicial notice of law: CPLR 4511 - 🧠 ANSWER ✔✔Under New York law,
every court must take judicial notice without a request being made of the
following:
• The common law, constitutions, and public statutes of the United States
and of every state, territory, and jurisdiction of the United States;
• The official compilation of the New York Codes, Rules, and Regulations of
the state (NYCRR); and
• All local laws and county acts.
Under CPLR 4511 (b), the court must take judicial notice of certain laws if a
request is made by a party. Certain conditions must be satisfied before a
party's request to take judicial notice of the laws specified in subdivision (b)
,will become mandatory on the court (CPLR 4511 [b]). The court has
discretion to take judicial notice on its own motion of, among other things,
private acts and resolutions of the United States Congress and the New
York State Legislature; and ordinances and regulations of agencies or
governmental subdivisions and the laws of foreign countries.
Judicial notice of adjudicative facts - 🧠 ANSWER ✔✔Judicial notice of
adjudicative facts is where courts accept and adjudicative fact as true
without the offering of evidence by the party asserting the fact (Ptasznik v
Schultz, 247 AD2d 197 [2d Dept 1998]). New York limits judicial notice of
adjudicative facts to those incapable of dispute because they are either:
• Generally known within the community where the court sits or
• Capable of accurate and ready determination by resort to sources whose
accuracy cannot reasonably be questioned.
Relevancy: Character evidence: CPL 60.40 - 🧠 ANSWER ✔✔In a criminal
case, a defendant may establish his or her good character only by showing
his or her general reputation in the community (People v Barber, 74 NY2d
653 [1989] [dissenting opinion]). The opinions of those who know the
defendant personally and have firsthand knowledge of his or her character
are inadmissible (id.). If a defendant through the testimony of a witness
, called by him offers evidence of his good character, the prosecution may
independently prove any previous conviction of the defendant tending to
negate the trait in issue (CPL 60.40 [2]).
In a civil case, evidence of good character may be admitted only after a
person's good character has been directly called into question by evidence
of bad character (Kravitz v Long Is. Jewish-Hillside Med. Ctr., 113 AD2d
577 [2d Dept 1985]).
Evidence of a person's character is never admissible for the purpose of
proving that the person acted in conformity therewith or had the propensity
to do so (Fanelli v diLorenzo, 187
AD2d 1004 [4th Dept 1992]).
Relevancy: Uncharged crimes - 🧠 ANSWER ✔✔In a criminal case in New
York, evidence of a defendant's prior uncharged crimes is inadmissible to
prove criminal propensities, but may be admitted under certain
circumstances where the probative value of the proof outweighs its
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
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Questions with 100% Correct Answers |
Latest Update
Judicial notice of law: CPLR 4511 - 🧠 ANSWER ✔✔Under New York law,
every court must take judicial notice without a request being made of the
following:
• The common law, constitutions, and public statutes of the United States
and of every state, territory, and jurisdiction of the United States;
• The official compilation of the New York Codes, Rules, and Regulations of
the state (NYCRR); and
• All local laws and county acts.
Under CPLR 4511 (b), the court must take judicial notice of certain laws if a
request is made by a party. Certain conditions must be satisfied before a
party's request to take judicial notice of the laws specified in subdivision (b)
,will become mandatory on the court (CPLR 4511 [b]). The court has
discretion to take judicial notice on its own motion of, among other things,
private acts and resolutions of the United States Congress and the New
York State Legislature; and ordinances and regulations of agencies or
governmental subdivisions and the laws of foreign countries.
Judicial notice of adjudicative facts - 🧠 ANSWER ✔✔Judicial notice of
adjudicative facts is where courts accept and adjudicative fact as true
without the offering of evidence by the party asserting the fact (Ptasznik v
Schultz, 247 AD2d 197 [2d Dept 1998]). New York limits judicial notice of
adjudicative facts to those incapable of dispute because they are either:
• Generally known within the community where the court sits or
• Capable of accurate and ready determination by resort to sources whose
accuracy cannot reasonably be questioned.
Relevancy: Character evidence: CPL 60.40 - 🧠 ANSWER ✔✔In a criminal
case, a defendant may establish his or her good character only by showing
his or her general reputation in the community (People v Barber, 74 NY2d
653 [1989] [dissenting opinion]). The opinions of those who know the
defendant personally and have firsthand knowledge of his or her character
are inadmissible (id.). If a defendant through the testimony of a witness
, called by him offers evidence of his good character, the prosecution may
independently prove any previous conviction of the defendant tending to
negate the trait in issue (CPL 60.40 [2]).
In a civil case, evidence of good character may be admitted only after a
person's good character has been directly called into question by evidence
of bad character (Kravitz v Long Is. Jewish-Hillside Med. Ctr., 113 AD2d
577 [2d Dept 1985]).
Evidence of a person's character is never admissible for the purpose of
proving that the person acted in conformity therewith or had the propensity
to do so (Fanelli v diLorenzo, 187
AD2d 1004 [4th Dept 1992]).
Relevancy: Uncharged crimes - 🧠 ANSWER ✔✔In a criminal case in New
York, evidence of a defendant's prior uncharged crimes is inadmissible to
prove criminal propensities, but may be admitted under certain
circumstances where the probative value of the proof outweighs its
COPYRIGHT©PROFFKERRYMARTIN 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER: 619652435. TERMS OF USE.
PRIVACY STATEMENT. ALL RIGHTS RESERVED
