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New York Law Exam (NYLE) Questions with Detailed Verified Answers

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New York Law Exam (NYLE) Questions with Detailed Verified Answers

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New York Law Exam (NYLE) Questions with
Detailed Verified Answers
What are the Principal Appellate Courts in New York? Ans: (1) Court of Appeals



(2) Appellate Division of Supreme Court (divided into four judicial departments)



(3) Appellate Terms of the Supreme Court (terms exist only in First Judicial
Department and Second Judicial Department)

Describe the New York Court of Appeals. Ans: The New York Court of Appeals is
the highest court in the New York court system.

Describe the New York Court of Appeals' jurisdiction. Ans: The New York Court of
Appeals:



(1) has no original jurisdiction;



(2) exercises appellate jurisdiction in criminal cases and civil cases without regard to
the amount in controversy;



(3) its jurisdiction is generally limited to questions of law.

Describe the New York Appellate Division of Supreme Court. Ans: The Appellate
Division of Supreme Court is:

,(1) a single, statewide appellate court;



(2) divided into four departments:



- First Department

- Second Department

- Third Department

- Fourth Department



and



(3) is the principal intermediate appeals court for both criminal and civil cases

What is the rule regarding trial departments in one department following precedent of
the Appellate Division for another department?



Stated in other words, is a trial court in the First Department required to follow
decisions in the Appellate Division of the Second Department under the doctrine of
stare decisis? Ans: Under the doctrine of stare decisis, trials courts in a given
department are REQUIRED to follow precedent set by the Appellate Division for
another department
© Get it right 2025 Getaway - Stuvia US All rights reserved

,UNTIL either:



(1) the Court of Appeals OR

(2) the Appellate Division for the department in which the trial court sits



pronounces a contrary rule.

Are Appellate Divisions of each department required to follow the other department's
decisions?



Stated in another way, is the First Judicial Department of the Appellate Division bound
by decisions made by the Second Judicial Department of the Appellate Division? Ans:
Each department of the Appellate Division should accept the decisions of its sister
departments as persuasive authority but is free to reach a contrary result.



See Mountain View Coach Lines, Inc. v. Storms, 102 AD2d 663 (2d Dept 1984)

Describe the Appellate Terms of the Supreme Court. Ans: Appellate Terms of the
Supreme Court exist in only in the First Judicial Department of the Appellate Division
and the Second Judicial Department of the Appellate Division.



The Appellate Terms of both the First and Second Departments hear appeals from the
Civil Court of New York City.

© Get it right 2025 Getaway - Stuvia US All rights reserved

, The Appellate Term of the Second Department ALSO hears appeals from district,
county, city, town, and village courts.

What makes up the Appellate Division's Second Judicial Department? Ans: The
Second Judicial Department is comprised of two counties within New York City.

What makes up the Appellate Division's First Judicial Department? Ans: The First
Judicial Department is comprised of three counties within New York City and seven
other counties.

What are New York's Principal Trial Courts? Ans: (1) Supreme Court



(2) Court of Claims



(3) County Court



(4) Surrogate's Court



(5) Family Court

Describe the New York Supreme Court's jurisdiction. Ans: The Supreme Court:



(1) has general, original jurisdiction of all cases in law and equity without monetary
limitation UNLESS its jurisdiction has been specifically proscribed;
© Get it right 2025 Getaway - Stuvia US All rights reserved

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