NYLE Flashcards for Sample Questions

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?

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?

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?

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?

Defamation committed within the state Signup and view all the answers

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?

The county in which the real property is located. Signup and view all the answers

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?

Timely under both the law of New York and the law of State X. Signup and view all the answers

If a pre-answer motion is made on any ground, which of the following defenses is waived if not included in the motion?

Lack of personal jurisdiction over the defendant. Signup and view all the answers

In an action in New York for breach of an employment contract, which law will a New York court always apply?

The jurisdiction with the most significant relationship to the transaction and the parties. Signup and view all the answers

Is a contract entered into under a mutual mistake of fact by the parties voidable and subject to rescission or reformation?

False Signup and view all the answers

Who has the burden of proof regarding an alibi at a criminal trial?

The prosecution, beyond a reasonable doubt. Signup and view all the answers

In order for a police officer in New York to forcibly stop and detain a person, what must the officer have?

A reasonable suspicion that the person was involved in a felony or a misdemeanor. Signup and view all the answers

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?

True Signup and view all the answers

In order for a prenuptial agreement to be valid and enforceable in New York, what must the agreement be?

In writing, and subscribed by both parties and acknowledged in the same manner as a deed. Signup and view all the answers

Assuming no earlier emancipation, until what age are parents in New York liable for support of a child?

Age 21. Signup and view all the answers

How often must attorneys admitted to practice in New York file a registration statement and pay a registration fee?

Every two years, and the attorney must certify that a required amount of continuing legal education has been completed. Signup and view all the answers

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?

True Signup and view all the answers

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?

The greater of the amount paid by the settling tortfeasor or the amount of the settling tortfeasor's apportioned share of the liability. Signup and view all the answers

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?

90 days. Signup and view all the answers

Where a person dies intestate survived only by his spouse and two adult children, how will the net estate be distributed?

$50,000 and one-half of the residue to the spouse and the remainder split equally between the children. Signup and view all the answers

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?

False Signup and view all the answers

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!

Sample NYLE Questions Flashcards