NYLE FLASHCARDS | 209 QUESTIONS | WITH
COMPLETE SOLUTIONS GRADED A+
Before an agency adopts a new rule, a public hearing: Answer - May be
required if there is a statute that specifically requires that a hearing be held.
When appearing before an administrative agency, a party: Answer - May be
represented by someone who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an adjudicatory
hearing is required before a licensing decision is made: Answer - Due process
may require a hearing be held, if there is a property right at stake.
A motion to quash a subpoena issued by an administrative law judge should be
made, in the first instance to: Answer - The administrative law judge that
issued the subpoena.
An executive session may be conducted by a public body: Answer - Following a
majority vote of the pubic body taken in a public session identifying the topics
to be discussed.
Which one is required for general partnership? Answer - 2 or more persons
defined as an individual or legal entity.
,What is the consequence of organizing a registered limited liability partnership
(RLLP): Answer - Each member of the partnership is personally liable for any
negligent or wrongful act committed by him or by a person under his direct
supervision in rendering professional services on behalf of the RLLP.
Which one of the following statements regarding business corporations is
false? Answer - Offers appointed by shareholders to manage on a day to day
basis.
In order to preserve their appraisal rights, shareholders who oppose an
amendment to the certificate of incorporation that limits their voting rights
must: Answer - Give written objection to the corporation before the vote is
taken.
An officer elected by the board of directors of a business corporation may be
removed by vote of the: Answer - Board of directors for cause or without
cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by: Answer - The lawyer herself and any persons in the firm under
her direct supervision and control.
In order for a director who is absent from a vote taken by a board of directors
to dissent from the action, the absent direction: Answer - Must cause his
dissent to be filed with the meant minutes within a reasonable time after
learning of the action.
Is service of process by email permitted in a civil action commenced in NY State
courts? Answer - Yes, but only where a court has issued order permitting
service of process by email.
,Unless the court sets a specific date, the expiration of the time period for
which a party may file a motion for summary judgement is measured from the
date: Answer - The note of issue was filed.
If a non-resident commences an action against a D who has a condo in NY
county, but travels to Columbia County to their farmhouse every weekend, the
D's residence for the purpose of venue would be: Answer - Either Columbia
County or NY County.
The proper venue in an action against a municipality is: Answer - The county in
which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury Answer - ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by
clerk of the court: Answer - Time has not begun to run.
Verification of an answer to a complain is: Answer - Mandatory in the answer if
it is verified in the complaint.
The statute of limitations for a negligence case of action against a municipality
is: Answer - One year and 90 days.
, A party who applies for a temporary restraining order: Answer - Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's
affirmation: Answer - Has no probative value with respect to facts asserted
therein.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered evidence by an adverse party, the
documents are: Answer - Presumed to be authentic, but are not necessarily
admissible.
If a party to an action wishes to seek relief on an expedited basis, the party
should file: Answer - An order to show cause.
If a party serves an order that is signed by the judge but has not been entered
by the clerk, the time to file an appeal from that order: Answer - Has not yet
begun.
In a civil action, the deposition of an opposing party's expert: Answer - Only
permitted in any case upon agreement of all parties.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered into evidence by an adverse party, the
documents are: Answer - Presumed to be authentic, but are not necessarily
admissible.
The time to perfect an appeal to the Appellate Division runs from the date the
notice of appeal was filed and is: Answer - Six months, but a dismissal for
failure to timely perfect may be vacated.
COMPLETE SOLUTIONS GRADED A+
Before an agency adopts a new rule, a public hearing: Answer - May be
required if there is a statute that specifically requires that a hearing be held.
When appearing before an administrative agency, a party: Answer - May be
represented by someone who is not an attorney (may be pro se).
If an agency's implementing statue is silent regarding whether an adjudicatory
hearing is required before a licensing decision is made: Answer - Due process
may require a hearing be held, if there is a property right at stake.
A motion to quash a subpoena issued by an administrative law judge should be
made, in the first instance to: Answer - The administrative law judge that
issued the subpoena.
An executive session may be conducted by a public body: Answer - Following a
majority vote of the pubic body taken in a public session identifying the topics
to be discussed.
Which one is required for general partnership? Answer - 2 or more persons
defined as an individual or legal entity.
,What is the consequence of organizing a registered limited liability partnership
(RLLP): Answer - Each member of the partnership is personally liable for any
negligent or wrongful act committed by him or by a person under his direct
supervision in rendering professional services on behalf of the RLLP.
Which one of the following statements regarding business corporations is
false? Answer - Offers appointed by shareholders to manage on a day to day
basis.
In order to preserve their appraisal rights, shareholders who oppose an
amendment to the certificate of incorporation that limits their voting rights
must: Answer - Give written objection to the corporation before the vote is
taken.
An officer elected by the board of directors of a business corporation may be
removed by vote of the: Answer - Board of directors for cause or without
cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by: Answer - The lawyer herself and any persons in the firm under
her direct supervision and control.
In order for a director who is absent from a vote taken by a board of directors
to dissent from the action, the absent direction: Answer - Must cause his
dissent to be filed with the meant minutes within a reasonable time after
learning of the action.
Is service of process by email permitted in a civil action commenced in NY State
courts? Answer - Yes, but only where a court has issued order permitting
service of process by email.
,Unless the court sets a specific date, the expiration of the time period for
which a party may file a motion for summary judgement is measured from the
date: Answer - The note of issue was filed.
If a non-resident commences an action against a D who has a condo in NY
county, but travels to Columbia County to their farmhouse every weekend, the
D's residence for the purpose of venue would be: Answer - Either Columbia
County or NY County.
The proper venue in an action against a municipality is: Answer - The county in
which the municipality is located.
A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D) Personal injury Answer - ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by
clerk of the court: Answer - Time has not begun to run.
Verification of an answer to a complain is: Answer - Mandatory in the answer if
it is verified in the complaint.
The statute of limitations for a negligence case of action against a municipality
is: Answer - One year and 90 days.
, A party who applies for a temporary restraining order: Answer - Must put the
opposing party on notice of the application in all cases, pursuant to the rules
applicable to cases brought in Supreme Court.
In support of a motion for summary judgement, generally, an attorney's
affirmation: Answer - Has no probative value with respect to facts asserted
therein.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered evidence by an adverse party, the
documents are: Answer - Presumed to be authentic, but are not necessarily
admissible.
If a party to an action wishes to seek relief on an expedited basis, the party
should file: Answer - An order to show cause.
If a party serves an order that is signed by the judge but has not been entered
by the clerk, the time to file an appeal from that order: Answer - Has not yet
begun.
In a civil action, the deposition of an opposing party's expert: Answer - Only
permitted in any case upon agreement of all parties.
If in response to a notice for discovery and inspection a corporation produces
documents it authored, when offered into evidence by an adverse party, the
documents are: Answer - Presumed to be authentic, but are not necessarily
admissible.
The time to perfect an appeal to the Appellate Division runs from the date the
notice of appeal was filed and is: Answer - Six months, but a dismissal for
failure to timely perfect may be vacated.
