NYLE Outline questions & correct
answers already passed
Court of Appeals - correct answer ✔✔ Highest court in NY, no original jurisdiction and exercises
only appellate jurisdiction without regard to amount in controversy. Jurisdiction limited to
questions of law.
Appellate Division of Supreme Court - correct answer ✔✔ single statewide appellate court, with
4 judicial departments, and is principal intermediate appeals court for both criminal and civil
cases. stare decisis says trial courts in 1 dept. are required to follow precedent set by appellate
division for a different dept. unless court of appeals or AD for 1st dept. pronounces contrary
rule. should treat other depts decisions as persuasive
appellate terms of supreme court - correct answer ✔✔ in 1st judicial department and 2nd. ;
hear appeals from civil court of NYC and the district and counties in the 2nd district
Supreme Court NY - correct answer ✔✔ general original jurisdiction of all cases without
monetary limitation. exclusive SMJ over matrimonial actions and wrongful death claims.
commercial division of supreme court of NY - correct answer ✔✔ handles claims meeting a
minimum monetary threshold and involving a multitude of commercial disputes. after
commencement of an action, any party can seek assignment here.
criminal jurisdiction and Supreme Court of NY - correct answer ✔✔ in practice, the only criminal
jurisdiction it exercises over are felonies in NYC and domestic violence anywhere in NYS.
court of claims NY - correct answer ✔✔ has exclusive jurisdiction over tort and contract claims
against NYS. may not exercise equitable jurisdiction, does not have jurisdiction over non state
actors, and does not permit jury trials
,county court - correct answer ✔✔ exist in all NY counties outside of NYC; presides over
proceedings to recover money less than $25k AND one of the following - 1) every def. is in the
county, 2) def. has business office in the county and cause of action arose there, or 3) def. is
foreign corp. doing business within county and cause of action arose in county. County courts in
3rd or 4th depts. have jurisdiction over appeals from any area within county.
surrogate court - correct answer ✔✔ has jurisdiction over all proceedings relating to probate of
wills, estates, trusts, guardianship of property of minors. and concurrent jurisdiction with family
court over adoptions. wrong death cannot be brought here, but they have concurrent
jurisdiction over proceeds of wrongful death action.
family court - correct answer ✔✔ has jurisdiction over child abuse, neglect, paternity,
termination of parental rights, PINS proceedings, juvenile delinquency proceedings, and support
or maintenance. Jurisdiction doesn't extend to child or spousal support while divorce is
pending- that is Supreme Court.
NYC civil court - correct answer ✔✔ recovery of money less than $25k, includes housing court
and small claims up to $5k
NYC criminal court - correct answer ✔✔ jurisdiction over criminal cases in NYC
justice courts - correct answer ✔✔ district courts have jurisdiction up to $15k for things within
that district's boundaries, town and village up to $3k for the recovery of money or chattel or
evictions, all of the courts can handle $3k for small claims. all have prelim. jurisdiction over
criminal matters
what can legislature allow admin agency to do? - correct answer ✔✔ legislature cannot
delegate lawmaking power to admin, but can allow them to prescribe rules and regulations
consistent with ruling legislation. doesn't need to be specific expression authorizing this power,
as long as basic policy decision of law was articulated by legislature and that is followed
,-can go beyond language of legislation, as long as its not inconsistent with purpose or statutory
language
SAPA and steps for adopting a rule - correct answer ✔✔ state administrative procedure act;
agency must submit notice of proposed rule, allow for comments from public, public hearing
not required unless statute specifically says, then filed with Secretary of State and notice of
adoption is published in state register
what info must be in notice for rules - correct answer ✔✔ -statement of statutory authority for
the rule
-complete text of the proposed rule or description if its long
-regulatory impact statement and flexibility analysis
-if public hearing, then where is it
NYCRR - correct answer ✔✔ New York Code Rules and Regulations; published compilation of
rules and regulations
adjudicatory proceeding in SAPA - correct answer ✔✔ any activity, other than rule-making or
employee discipline, where determination must be made on the record after a hearing. if
relevant statute specifies a hearing, SAPA demands adjudicatory proceeding.
due process requirements in SAPA for adjudicatory proceedings - correct answer ✔✔ -short and
plain statement of matters asserted
-hearing within reasonable time
-reasonable notice of hearing
-opportunity to present written arguments on law and evidence of facts
-different for criminal proceedings and adjudicatory ; don't need to be as specific on the charges
in adjudicatory
, discovery in adjudicatory proceedings - correct answer ✔✔ not governed by CPLR- each agency
can adopt own rules appropriate to its proceedings
evidence in adjudicatory hearings - correct answer ✔✔ -formal rules of evidence don't apply,
but rules of privilege do and parties have right to cross examine
burden of proof in adjudicatory hearings - correct answer ✔✔ on person who initiated
proceedings
right to counsel for adjudicatory hearings - correct answer ✔✔ all person appearing at the
hearing are accorded the right to be accompanied, repped, and advised by counsel
res judicator and collateral estoppel in adjudicatory hearings - correct answer ✔✔ -usually
applicable in these hearings
-except where party is a nominal party or did not have full and fair opportunity to litigate
material issue before agency
administrative investigations - correct answer ✔✔ admin agencies have power to conduct
admin investigations- and to issue subpoena in furtherance of an investigation
-agency must make a preliminary showing that info sought in subpoena is reasonably related to
proper subject of inquiry and there is a basis for it
administrative subpoenas - correct answer ✔✔ -officers at hearings can issue these at the
request of any party
-agency may have this power if a statutory grant says
-request to modify or withdraw subpoena must be made to person who issued it,
-motions to quash subpoena are not part of hearing process and must be made in Supreme
Court
answers already passed
Court of Appeals - correct answer ✔✔ Highest court in NY, no original jurisdiction and exercises
only appellate jurisdiction without regard to amount in controversy. Jurisdiction limited to
questions of law.
Appellate Division of Supreme Court - correct answer ✔✔ single statewide appellate court, with
4 judicial departments, and is principal intermediate appeals court for both criminal and civil
cases. stare decisis says trial courts in 1 dept. are required to follow precedent set by appellate
division for a different dept. unless court of appeals or AD for 1st dept. pronounces contrary
rule. should treat other depts decisions as persuasive
appellate terms of supreme court - correct answer ✔✔ in 1st judicial department and 2nd. ;
hear appeals from civil court of NYC and the district and counties in the 2nd district
Supreme Court NY - correct answer ✔✔ general original jurisdiction of all cases without
monetary limitation. exclusive SMJ over matrimonial actions and wrongful death claims.
commercial division of supreme court of NY - correct answer ✔✔ handles claims meeting a
minimum monetary threshold and involving a multitude of commercial disputes. after
commencement of an action, any party can seek assignment here.
criminal jurisdiction and Supreme Court of NY - correct answer ✔✔ in practice, the only criminal
jurisdiction it exercises over are felonies in NYC and domestic violence anywhere in NYS.
court of claims NY - correct answer ✔✔ has exclusive jurisdiction over tort and contract claims
against NYS. may not exercise equitable jurisdiction, does not have jurisdiction over non state
actors, and does not permit jury trials
,county court - correct answer ✔✔ exist in all NY counties outside of NYC; presides over
proceedings to recover money less than $25k AND one of the following - 1) every def. is in the
county, 2) def. has business office in the county and cause of action arose there, or 3) def. is
foreign corp. doing business within county and cause of action arose in county. County courts in
3rd or 4th depts. have jurisdiction over appeals from any area within county.
surrogate court - correct answer ✔✔ has jurisdiction over all proceedings relating to probate of
wills, estates, trusts, guardianship of property of minors. and concurrent jurisdiction with family
court over adoptions. wrong death cannot be brought here, but they have concurrent
jurisdiction over proceeds of wrongful death action.
family court - correct answer ✔✔ has jurisdiction over child abuse, neglect, paternity,
termination of parental rights, PINS proceedings, juvenile delinquency proceedings, and support
or maintenance. Jurisdiction doesn't extend to child or spousal support while divorce is
pending- that is Supreme Court.
NYC civil court - correct answer ✔✔ recovery of money less than $25k, includes housing court
and small claims up to $5k
NYC criminal court - correct answer ✔✔ jurisdiction over criminal cases in NYC
justice courts - correct answer ✔✔ district courts have jurisdiction up to $15k for things within
that district's boundaries, town and village up to $3k for the recovery of money or chattel or
evictions, all of the courts can handle $3k for small claims. all have prelim. jurisdiction over
criminal matters
what can legislature allow admin agency to do? - correct answer ✔✔ legislature cannot
delegate lawmaking power to admin, but can allow them to prescribe rules and regulations
consistent with ruling legislation. doesn't need to be specific expression authorizing this power,
as long as basic policy decision of law was articulated by legislature and that is followed
,-can go beyond language of legislation, as long as its not inconsistent with purpose or statutory
language
SAPA and steps for adopting a rule - correct answer ✔✔ state administrative procedure act;
agency must submit notice of proposed rule, allow for comments from public, public hearing
not required unless statute specifically says, then filed with Secretary of State and notice of
adoption is published in state register
what info must be in notice for rules - correct answer ✔✔ -statement of statutory authority for
the rule
-complete text of the proposed rule or description if its long
-regulatory impact statement and flexibility analysis
-if public hearing, then where is it
NYCRR - correct answer ✔✔ New York Code Rules and Regulations; published compilation of
rules and regulations
adjudicatory proceeding in SAPA - correct answer ✔✔ any activity, other than rule-making or
employee discipline, where determination must be made on the record after a hearing. if
relevant statute specifies a hearing, SAPA demands adjudicatory proceeding.
due process requirements in SAPA for adjudicatory proceedings - correct answer ✔✔ -short and
plain statement of matters asserted
-hearing within reasonable time
-reasonable notice of hearing
-opportunity to present written arguments on law and evidence of facts
-different for criminal proceedings and adjudicatory ; don't need to be as specific on the charges
in adjudicatory
, discovery in adjudicatory proceedings - correct answer ✔✔ not governed by CPLR- each agency
can adopt own rules appropriate to its proceedings
evidence in adjudicatory hearings - correct answer ✔✔ -formal rules of evidence don't apply,
but rules of privilege do and parties have right to cross examine
burden of proof in adjudicatory hearings - correct answer ✔✔ on person who initiated
proceedings
right to counsel for adjudicatory hearings - correct answer ✔✔ all person appearing at the
hearing are accorded the right to be accompanied, repped, and advised by counsel
res judicator and collateral estoppel in adjudicatory hearings - correct answer ✔✔ -usually
applicable in these hearings
-except where party is a nominal party or did not have full and fair opportunity to litigate
material issue before agency
administrative investigations - correct answer ✔✔ admin agencies have power to conduct
admin investigations- and to issue subpoena in furtherance of an investigation
-agency must make a preliminary showing that info sought in subpoena is reasonably related to
proper subject of inquiry and there is a basis for it
administrative subpoenas - correct answer ✔✔ -officers at hearings can issue these at the
request of any party
-agency may have this power if a statutory grant says
-request to modify or withdraw subpoena must be made to person who issued it,
-motions to quash subpoena are not part of hearing process and must be made in Supreme
Court
