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Questions and Answers
In order for a state agency to adopt an administrative rule pursuant to the State Administrative Procedure Act (SAPA), what must the agency do?
In order for a state agency to adopt an administrative rule pursuant to the State Administrative Procedure Act (SAPA), what must the agency do?
Submit notice of the proposed rule to the secretary of state for publication and afford the public an opportunity to submit comments on the proposed rule.
In the absence of a controlling provision in its certificate of incorporation or by-laws, how may a director of a business corporation be removed?
In the absence of a controlling provision in its certificate of incorporation or by-laws, how may a director of a business corporation be removed?
Only by vote of the shareholders and only for cause.
Who is personally liable for professional malpractice committed by a lawyer who is a member of a law firm organized as a professional service limited liability company?
Who is personally liable for professional malpractice committed by a lawyer who is a member of a law firm organized as a professional service limited liability company?
The lawyer herself and any person in the firm under her direct supervision and control.
Which one of the following acts is not a valid basis for the exercise of personal jurisdiction over a non-domiciliary as to a cause of action arising from that act?
Which one of the following acts is not a valid basis for the exercise of personal jurisdiction over a non-domiciliary as to a cause of action arising from that act?
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What is the proper venue for an action by a non-resident of New York against a New York resident for specific performance of a contract entered into in New York for real property?
What is the proper venue for an action by a non-resident of New York against a New York resident for specific performance of a contract entered into in New York for real property?
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For an action commenced in New York by a nonresident plaintiff against a resident of New York to recover damages for a claim that accrued in State X, what must be true for it to be timely?
For an action commenced in New York by a nonresident plaintiff against a resident of New York to recover damages for a claim that accrued in State X, what must be true for it to be timely?
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If a pre-answer motion is made on any ground, which of the following defenses is waived if not included in the motion?
If a pre-answer motion is made on any ground, which of the following defenses is waived if not included in the motion?
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In an action in New York for breach of an employment contract, which law will a New York court always apply?
In an action in New York for breach of an employment contract, which law will a New York court always apply?
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Is a contract entered into under a mutual mistake of fact by the parties voidable and subject to rescission or reformation?
Is a contract entered into under a mutual mistake of fact by the parties voidable and subject to rescission or reformation?
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Who has the burden of proof regarding an alibi at a criminal trial?
Who has the burden of proof regarding an alibi at a criminal trial?
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In order for a police officer in New York to forcibly stop and detain a person, what must the officer have?
In order for a police officer in New York to forcibly stop and detain a person, what must the officer have?
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Is a witness's testimony regarding his habit admissible in a negligence action to prove that his conduct conformed to his habit on a specific occasion?
Is a witness's testimony regarding his habit admissible in a negligence action to prove that his conduct conformed to his habit on a specific occasion?
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In order for a prenuptial agreement to be valid and enforceable in New York, what must the agreement be?
In order for a prenuptial agreement to be valid and enforceable in New York, what must the agreement be?
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Assuming no earlier emancipation, until what age are parents in New York liable for support of a child?
Assuming no earlier emancipation, until what age are parents in New York liable for support of a child?
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How often must attorneys admitted to practice in New York file a registration statement and pay a registration fee?
How often must attorneys admitted to practice in New York file a registration statement and pay a registration fee?
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Does a defendant in an action to foreclose a mortgage on real property have the right to redeem the property by paying into court the full amount due on the mortgage debt plus the costs of the action?
Does a defendant in an action to foreclose a mortgage on real property have the right to redeem the property by paying into court the full amount due on the mortgage debt plus the costs of the action?
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A release given to one of two or more tortfeasors liable for the same injury reduces the amount the injured party can recover from the non-settling tortfeasor by what?
A release given to one of two or more tortfeasors liable for the same injury reduces the amount the injured party can recover from the non-settling tortfeasor by what?
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In order to maintain an action against a municipality to recover damages sustained as a result of the municipality's negligence, within how many days after the claim arises must a notice of claim be served?
In order to maintain an action against a municipality to recover damages sustained as a result of the municipality's negligence, within how many days after the claim arises must a notice of claim be served?
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Where a person dies intestate survived only by his spouse and two adult children, how will the net estate be distributed?
Where a person dies intestate survived only by his spouse and two adult children, how will the net estate be distributed?
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Pursuant to a duly executed short form power of attorney and in the absence of a statutory gifts rider, can an agent make gifts of the principal's assets in excess of an annual total of $500?
Pursuant to a duly executed short form power of attorney and in the absence of a statutory gifts rider, can an agent make gifts of the principal's assets in excess of an annual total of $500?
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Study Notes
Administrative Law
- State agencies must publish notice of proposed rules and allow public comment under the State Administrative Procedure Act (SAPA).
Corporate Governance
- Directors of business corporations can only be removed by shareholders' vote and for cause, unless stated otherwise in the certificate of incorporation or by-laws.
Legal Liability
- Lawyers in a professional service limited liability company are personally liable for malpractice they commit and for malpractice committed by those under their direct supervision.
Personal Jurisdiction
- Defamation committed within the state does not serve as a valid basis for personal jurisdiction over a non-domiciliary.
Venue for Legal Actions
- Non-resident plaintiffs must file specific performance actions regarding New York real property in the county where the property is located.
Timeliness of Actions
- Actions by nonresident plaintiffs against New York residents must be timely under both New York law and the law of the state where the claim accrued.
Pre-Answer Motions
- Failure to include a defense of lack of personal jurisdiction in a pre-answer motion results in the waiver of that defense.
Choice of Law
- In breach of employment contract cases, New York courts apply the law of the jurisdiction with the most significant relationship to the transaction and parties involved.
Contractual Mistakes
- Contracts entered into with mutual mistakes of fact are voidable only if the mistake is substantial and existed at the time of the contract.
Burden of Proof
- In criminal trials, the prosecution holds the burden of proof regarding an alibi, requiring proof beyond a reasonable doubt.
Police Powers
- New York police officers must have reasonable suspicion of felony or misdemeanor involvement to forcibly stop and detain an individual.
Evidence in Negligence Actions
- Witnesses' habitual conduct can be admitted as evidence in negligence actions, provided they demonstrate a consistent and controlled pattern of behavior.
Prenuptial Agreements
- For prenuptial agreements to be valid in New York, they must be in writing, signed by both parties, and acknowledged like a deed.
Child Support
- In New York, parents are liable for child support only until the child reaches age 21, assuming no earlier emancipation.
Attorney Registration
- New York attorneys must file registration statements and pay fees every two years, certifying completion of required continuing legal education.
Mortgage Foreclosure
- Defendants in mortgage foreclosure actions can redeem properties by paying the total mortgage debt and costs until the foreclosure sale occurs.
Tort Liability
- A release given to one tortfeasor reduces recovery from non-settling tortfeasors by the greater of the settlement amount or the settling tortfeasor’s apportioned share of liability.
Municipal Liability
- Notice of claim must be served within 90 days of the claim arising to maintain an action against a municipality for negligence, unless a court allows late service.
Intestate Succession
- When a person dies intestate, with a spouse and two adult children, the spouse receives $50,000 and half of the residue, while the children split the remaining amount.
Gift Limitations
- Agents under a short form power of attorney cannot make gifts of the principal's assets exceeding $500 annually unless a statutory gifts rider is in place.
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Description
This quiz contains flashcards designed to help you prepare for the New York Law Exam (NYLE). Each card presents a legal term or concept, along with a definition to enhance your understanding of administrative procedures and corporate governance. Test your knowledge and get ready for the exam!
