NYLE FLASHCARDS QUESTIONS
WITH COMPLETE SOLUTIONS
Before an agency adopts a new rule, a public hearing: - correct 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: - correct 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: - correct 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: - correct answer ✔✔ The administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: - correct 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? - correct answer ✔✔ 2 or more persons defined
as an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): - correct
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? - correct
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: - correct 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: - correct 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: - correct 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: - correct 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? - correct
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: - correct 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: - correct answer ✔✔ Either Columbia County or NY County.
The proper venue in an action against a municipality is: - correct 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 - correct answer ✔✔ ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the court: -
correct answer ✔✔ Time has not begun to run.
Verification of an answer to a complain is: - correct 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: - correct
answer ✔✔ One year and 90 days.
A party who applies for a temporary restraining order: - correct 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: - correct
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: - correct 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: - correct
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: - correct answer ✔✔ Has not yet begun.
In a civil action, the deposition of an opposing party's expert: - correct 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: - correct 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: - correct answer ✔✔ Six months, but a dismissal for failure to timely perfect
may be vacated.
A New York court applying a conflict of law analysis in an action brought in New York by a New
York resident against a nonresident must first determine: - correct answer ✔✔ Whether there is
an actual conflict between the laws of New York and the other jurisdiction that governs the
parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does not regulate
the conduct at issue. In an action in New York between New York residents to recover damages
for injuries sustained in an accident in State X, which injuries were caused by the defendant
having engaged in the particular activity, the law of which State will apply in determining
liability? - correct answer ✔✔ State X, because the State in which the accident took place is
conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in State X,
apply the law of: - correct answer ✔✔ NY law because law is loss allocating and the residents
are both from NY.
WITH COMPLETE SOLUTIONS
Before an agency adopts a new rule, a public hearing: - correct 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: - correct 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: - correct 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: - correct answer ✔✔ The administrative law judge that issued the subpoena.
An executive session may be conducted by a public body: - correct 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? - correct answer ✔✔ 2 or more persons defined
as an individual or legal entity.
What is the consequence of organizing a registered limited liability partnership (RLLP): - correct
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? - correct
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: - correct 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: - correct 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: - correct 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: - correct 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? - correct
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: - correct 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: - correct answer ✔✔ Either Columbia County or NY County.
The proper venue in an action against a municipality is: - correct 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 - correct answer ✔✔ ANSWER
C) Medical malpractice
When you serve motion of appeal signed by a judge but not yet entered by clerk of the court: -
correct answer ✔✔ Time has not begun to run.
Verification of an answer to a complain is: - correct 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: - correct
answer ✔✔ One year and 90 days.
A party who applies for a temporary restraining order: - correct 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: - correct
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: - correct 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: - correct
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: - correct answer ✔✔ Has not yet begun.
In a civil action, the deposition of an opposing party's expert: - correct 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: - correct 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: - correct answer ✔✔ Six months, but a dismissal for failure to timely perfect
may be vacated.
A New York court applying a conflict of law analysis in an action brought in New York by a New
York resident against a nonresident must first determine: - correct answer ✔✔ Whether there is
an actual conflict between the laws of New York and the other jurisdiction that governs the
parties' dispute.
State X law imposes tort liability on an actor for particular conduct. New York does not regulate
the conduct at issue. In an action in New York between New York residents to recover damages
for injuries sustained in an accident in State X, which injuries were caused by the defendant
having engaged in the particular activity, the law of which State will apply in determining
liability? - correct answer ✔✔ State X, because the State in which the accident took place is
conduct-regulating.
If conflict commenced in NY between New Yorkers for an accident that happened in State X,
apply the law of: - correct answer ✔✔ NY law because law is loss allocating and the residents
are both from NY.
