Nyle Sample

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NYLE sample Questions in NY Bar review
Fundamental Skills For The Bar Examination (The Pennsylvania State University)
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NEW YORK STATE

BOARD OF LAW EXAMINERS
SAMPLE QUESTIONS FOR THE NEW YORK LAW EXAMINATION
March 2016
Copyright © 2016 New York State Board of Law Examiners

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The following questions are examples of the types of questions that will be asked on the New
York Law Examination. These sample questions include at least one question in each of the
subjects that are included in that test. The index references on the questions are keyed to the
Course Materials for the New York Law Course and the New York Law Examination and
indicate where the content of the specific question is discussed. Those Course Materials may be
accessed at: http://www.nybarexam.org/Content/NewYorkCourseMaterials.pdf
Sample Questions for the New York Law Examination

Copyright © 2016 New York State Board of Law Examiners
http://www.nybarexam.org
All rights reserved. These materials may be downloaded and printed, in whole or in part,
without alteration, for noncommercial use only but no part may otherwise be reproduced in any
form or by any means, electronic or mechanical, including photocopying, recording or by any
informational storage system without express written permission from the New York State Board
of Law Examiners. These materials may not be distributed, downloaded, modified, reused,
reproduced, reposted, retransmitted, disseminated, sold, published, broadcast or circulated or
otherwise used or shared in any manner for commercial use without express written permission
from the New York State Board of Law Examiners. Any modification of the content, or any
portion thereof, or use of the content for any unpermitted and/or commercial use constitutes an
infringement of the New York State Board of Law Examiners’ copyrights and other proprietary
rights. Noncommercial use means use of these materials in a manner that is not intended for
commercial advantage or private monetary compensation. Commercial use means use of these
materials in any manner that is intended for commercial advantage or monetary compensation.
This includes private tutoring or commercial bar test-prep courses or settings.

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ADMINISTRATIVE LAW
I. RULEMAKING
B. STATUTORY PROCEDURES
In order for a state agency to adopt an administrative rule pursuant to the State Administrative
Procedure Act (SAPA), the agency must:
(a) 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.
(b) Submit notice of the proposed rule to the secretary of state for publication, but
affording an opportunity for public comment is not required.
(c) Post notice of the proposed rule on the agency’s website, and afford the public an
opportunity to submit comments on the proposed rule.
(d) Post notice of the proposed rule on the agency’s website, but affording an
opportunity for public comment is not required.
Answer: (a)

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BUSINESS RELATIONSHIPS
BUSINESS CORPORATIONS
II. MANAGEMENT AND CONTROL
B. DIRECTORS
In the absence of a controlling provision in its certificate of incorporation or by-laws, a director
of a business corporation may be removed:
(a) Only by vote of the shareholders and only for cause.
(b) Only by vote of the shareholders for cause or without cause.
(c) Either by vote of the shareholders or by vote of the directors but only for cause.
(d) Either by vote of the shareholders or by vote of the directors for cause or without
cause.
Answer: (a)

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BUSINESS RELATIONSHIPS
LIMITED LIABILITY COMPANIES
III. PROFESSIONAL SERVICE LIMITED LIABILITY COMPANIES
B. PROFESSIONAL RELATIONSHIPS AND LIABILITIES
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:
(a) The lawyer herself only.
(b) The lawyer herself and any person in the firm under her direct supervision and
control.
(c) The lawyer herself and any other lawyer who is a member of the firm.
(d) All lawyers who are members or employees of the firm.
Answer: (b)

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CIVIL PRACTICE AND PROCEDURE
III. PERSONAL JURISDICTION
B. LONG-ARM JURISDICTION
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?
(a) Transaction of business within the state.
(b) Contracting out of state to supply goods or services in the state.
(c) Defamation committed within the state.
(d) Ownership of real property situated within the state.
Answer: (c)

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IV. VENUE AND FORUM NON CONVENIENS
A. PROPER VENUE FOR VARIOUS TYPES OF ACTIONS
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 to sell real property located in New
York is in:
(a) The county in which the defendant resides.
(b) Any county designated by the plaintiff.
(c) The county in which the real property is located.
(d) The county in which the contract was made.
Answer: (c)

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V. LIMITATIONS OF TIME
A. STATUTES OF LIMITATIONS
In order to be timely, 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 must be:
(a) Timely under both the law of New York and the law of State X.
(b) Timely under the law of New York, only.
(c) Timely under the law of State X, only.
(d) A nonresident may not commence an action in New York against a resident of
New York for a claim that accrued outside of New York.
Answer: (a)

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IX. MOTIONS
A. MOTION TO DISMISS
If a pre-answer motion is made on any ground, which of the following defenses is waived if not
included in the motion:
(a) Lack of subject matter jurisdiction.
(b) Failure to state a cause of action.
(c) Failure to join a necessary party.
(d) Lack of personal jurisdiction over the defendant.
Answer: (d)

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CONFLICT OF LAWS
I. APPLICATION IN SPECIFIC AREAS
B. CONTRACTS
In an action in New York for breach of an employment contract, a New York court will always
apply the law of:
(a) The place of contracting.
(b) The place of performance.
(c) The domicile of the parties.
(d) The jurisdiction with the most significant relationship to the transaction and the
parties.
Answer: (d)

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CONTRACTS
I. MUTUAL MISTAKE vs. UNILATERAL MISTAKE
Is a contract entered into under a mutual mistake of fact by the parties voidable and subject to
rescission or reformation?
(a) Yes, as long as the mistake existed at the time the contract was entered into, even
though the mistake is insubstantial.
(b) Yes, if the mistake is substantial, even if it resulted from circumstances not in
existence at the time the contract was entered into.
(c) No, unless the mistake is both substantial and existed at the time the contract was
entered into.
(d) No, mutual mistake, alone, is an insufficient basis for reformation or rescission of
a contract under any circumstances.
Answer: (c)

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CRIMINAL LAW AND PROCEDURE
I. GENERAL PRINCIPLES
C. AFFIRMATIVE AND ORDINARY DEFENSES
Who has the burden of proof regarding an alibi at a criminal trial?
(a) The defendant, beyond a reasonable doubt.
(b) The defendant, by a preponderance of the evidence.
(c) The defendant, by clear and convincing evidence.
(d) The prosecution, beyond a reasonable doubt.
Answer: (d)

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CRIMINAL LAW AND PROCEDURE
III. NEW YORK CONSTITUTIONAL AND PROCEDURAL PROTECTIONS
A. DETENTION AND WARRANTLESS ARREST
In order for a police officer in New York to forcibly stop and detain a person, the officer must
have:
(a) An objective, credible reason, not necessarily indicative of criminality.
(b) A founded suspicion that criminal activity is afoot.
(c) A reasonable suspicion that the person was involved in a felony
or a misdemeanor.
(d) Probable cause that the person committed a felony or misdemeanor.
Answer: (c)

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EVIDENCE
II. RELEVANCY
C. HABIT
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?
(a) No, because a witness in a negligence action must have an independent
recollection of the specific occasion at issue in order to testify regarding his
conduct on that occasion.
(b) No, because the prejudicial impact of evidence of habit outweighs its probative
value.
(c) Yes, if the habit is consistent with a generally accepted standard of care.
(d) Yes, if the proof of the witness’s habit demonstrates a deliberate and repetitive
practice by a person in complete control of the circumstances in which it is
employed.
Answer: (d)

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MATRIMONIAL AND FAMILY LAW
I. GETTING MARRIED
B. PRENUPTIAL AND POST-NUPTIAL CONTRACTS
In order for a prenuptial agreement to be valid and enforceable in New York, the agreement must
be in writing, and:
(a) Subscribed by both parties and acknowledged in the same manner as a deed.
(b) Subscribed by both parties before two witnesses.
(c) Subscribed only by the party against whom the agreement is sought to be
enforced, but no acknowledgement or witnesses are required.
(d) Subscribed by both parties, but no acknowledgement or witnesses are required.
Answer: (a)

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MATRIMONIAL AND FAMILY LAW
IV. SUPPORT
B. CHILD SUPPORT STANDARDS ACT
Assuming no earlier emancipation, parents in New York are liable for support of a child only
until:
(a) Age 18.
(b) Age 19.
(c) Age 21.
(d) An appropriate age, not less than 18, depending on the child’s financial
circumstances.
Answer: (c)

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PROFESSIONAL RESPONSIBILITY
IX. REGULATION AND RESPONSIBILITIES OF THE LEGAL PROFESSION
A. REGISTRATION OF ATTORNEYS
B. CONTINUING LEGAL EDUCATION
Attorneys admitted to practice in New York are required to file a registration statement and pay a
registration fee:
(a) Every two years, and continuing legal education is encouraged but not required.
(b) Every two years, and the attorney must certify that a required amount of
continuing legal education has been completed.
(c) Every three years, and continuing legal education is encouraged but not required.
(d) Every three years, and the attorney must certify that a required amount of
continuing legal education has been completed.
Answer: (b)

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REAL PROPERTY
III. REAL PROPERTY MORTGAGES
C. ENFORCEMENT
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?
(a) Yes, until the mortgagor is served with notice of entry of judgment of foreclosure
and sale.
(b) Yes, until the foreclosure sale takes place.
(c) Yes, until 10 days after the foreclosure sale takes place.
(d) No, because once a foreclosure action is commenced, there is no right of
redemption.
Answer: (b)

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TORTS AND TORT DAMAGES
II. CONTRIBUTION, INDEMNIFICATION AND LIMITATIONS ON JOINT AND
SEVERAL LIABILITY
D. EFFECT OF RELEASE
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:
(a) The amount paid by the settling tortfeasor, only.
(b) The amount of the settling tortfeasor’s apportioned share of the liability, only.
(c) The greater of the amount paid by the settling tortfeasor or the amount of the
settling tortfeasor’s apportioned share of the liability.
(d) The lesser of the amount paid by the settling tortfeasor or the amount of the
settling tortfeasor’s apportioned share of the liability.
Answer: (c)

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TORTS AND TORT DAMAGES
V. MUNICIPAL TORT LIABILITY
C. NOTICE OF CLAIM REQUIREMENT
In order to maintain an action against a municipality to recover damages sustained as a result of
the municipality’s negligence, absent a court order allowing service of a late notice of claim,
within how many days after the claim arises must a notice of claim be served as a condition
precedent to the commencement of the action?
(a) 30.
(b) 60.
(c) 90.
(d) 120.
Answer: (c)

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TRUSTS, WILLS AND ESTATES
I. INTESTATE SUCCESSION
Where a person dies intestate survived only by his spouse and two adult children, the net estate
will be distributed:
(a) 100% to the spouse.
(b) 50% to the spouse and 25% to each child.
(c) $50,000 and one-half of the residue to the spouse and the remainder split
equally between the children.
(d) One-third of the net estate to each of the spouse and the children.
Answer: (c)

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TRUST, WILLS AND ESTATES
IV. HEALTH CARE PROXIES AND POWER OF ATTORNEY
B. POWER OF ATTORNEY
Pursuant to a duly executed short form power of attorney and in the absence of a statutory gifts
rider, an agent may make gifts of the principal’s assets in excess of an annual total of $500 to:
(a) Any person, as long as the gifts do not exceed the annual federal gift tax exclusion
amount for each donee.
(b) Any person, in accordance with a pattern of gifting established by the principal
before his incapacity.
(c) The principal’s spouse and children, only, in any amounts.
(d) Pursuant to a duly executed short form power of attorney and in the absence of a
statutory gifts rider, an agent may not make gifts of the principal’s assets in
excess of an annual total of $500.
Answer: (d)

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Professional Responsibility I
An atto rney may NOT reveal a cl ient confidence:
0 To a nother atto rney in a confidential co mmunication to gain eth ical advice.
0 To collect a fee.
® To respond to the cl ient's criticis m of the atto rney on a webs ite.
0 To p revent reasonably certain death.
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Professiona l Responsib ility I
May a lawyer rep resent one pa rty to a transaction if he also rep resents the other party to the transaction in an
un related matter. if the rep resentation is not p rohibited by law and the lawyer reasonably believes that he can
p rovide competent rep resentation to both parties?
0 Yes, if either affected client g ives informed consent, confi rmed in writing.
@ Yes, if both affected clients give informed consent, confi rmed in writing.
0 Yes, without e ither affected cl ient's consent.
0 No, even with both affected clients' informed consent, because the conflict cannot be wa ived.
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Professional Responsibility I
A dispute over an atto rney's fee of $2,500 for rep resentation of a client in a civil action:
® Must be submitted to a rb itration upon the client's request, and the arbitration decision is subject to de novo
judicial review
0 Must be subm itted to a rb itration upon the client's request, and the a rb itration decision is not subject to de
novo jud icial review.
0 Must be submitted to a rb itration upon either the cl ient's o r the atto rney's request, and the a rb itration decision
is subject to de novo jud icia l review.
U Must be subm itted to a rb itration upon either the client's o r the atto rney's request, and the a rbitration decision
is not subject to de novo jud icia l review.

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Professional Responsib ility II
Must a lawye r who is reta ined to rep resent a new client, and who expects the fee for such rep resentation to exceed
$3,000, p rovide the cl ient with an engagement letter?
0 No, unless the fee is expected to exceed $ 5,000.
0 No, un less the subject of the rep resentatio n is a do mestic relations matter.
® Yes, and the engagement lette r must include info rmation rega rding the right to a rbitrate fee disputes.
0 Yes, but the engagement letter need not include information rega rding the right to a rbitrate fee disputes.
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Professiona l Responsibility II
Wh ich one of the following is p rohibited in atto rney advertising?
0 A pa id endorsement by an actor that is disclosed as such.
0 A client testimonia l with the cl ient's consent.
0 Fees, as long as the fees included in the advertisement are honored.
® A gua ranteed result.
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Professional Responsibility D
In New York. a newly ad mitted atto rney must complete a min imum of how many continuing legal education hou rs
in the fi rst two years following adm iss ion?
© 16.
0 20.
© 24.
I!> 32.
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Civil Practice and Procedure I
The Court of Appeals has original jurisdiction in the following matter(s):
0 Article 78 proceedings.
0 Any matter where there is original jurisdiction in a lower court.
0 Claims of any persons against the State of New York.
@The Court of Appeals does NOT have original jurisdiction and is limited to the review of determinations of
other courts.
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Which of the following acts is NOT a valid basis for the exe rcise of personal jurisd iction ove r a non -domicilia ry as to
a cause of action arising from the act?
@ Transacting business with in the state.
0 Contracting out of state to supply goods or se rvices in the state.
@ Ownership of real p rope rty situated with in the state.
I!> Committing defa mation of character within the state.
Submit Answer

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ࡦ֌㘵ᗞؑ˖liuxue119118 ␫࣐ᗞؑ⺞䇔䍴ᯉᱟ੖ᆼᮤˈԕ‫ݽ‬ᖡ૽ᛘⲴᆖҐ
Under the "borrowing statute", when a non -resident plaintiff b rings an action in New Yo rk on a cause of action that
accrued in another state, in order to be timely, the action must be co mmenced with in:
u The statute of lim itations of New Yo rk, without rega rd to the length of the other state's statute of lim itations.
0 The statute of li mitations of the other state, without regard to the length of the New Yo rk statute of
li mitations.
0 The longer of either the New York statute of li mitations o r the statute of limitations of the other state.
@ The shorter of eithe r the New Yo rk statute of li mitations or the statute of li mitations of the othe r state.
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Civil Practice and Procedure D
All of the following pleadings must be verified, except:
<!l A complaint alleging fraudulent inducement.
0 A complaint in a matrimonial action.
0 A petition in a CPLR article 78 proceeding.
0 An answer to a verified co mplaint.
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Civil Practice and P 『ocedu 『e,n
After being served with the answe 「 to a third-pa，可complaint, may a plaintiff amend he 「 complaint to asse，吃a claim
against the third-party defendant?
Yes, at any time p 「ior to t 「ial.

•1 Yes. p 『ovided the amended complaint is served within 20 days of service of the answer to the third-party
complaint.
胁， and any cause of action the plaintiff has against the third-party defendant must be asserted in a separate
action.
- No, unless the right to file an amended complaint is granted by the court.
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Civil Practice and Procedure II
Provided the cou rt has not ordered othe rwise. a motion for summa ry judgment may be filed:
0 At any time after issue is joined and befo re the note of issue is filed.
0 At any time up to the time of trial.
0 Up to 30 days after the note of issue is filed.
@ Up to 120 days afte r the note of issue is filed.
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Civil Practice and Procedure U
In any action one pa rty, upon app ropriate demand by anothe r pa rty, must disclose all of the following, except:
(!) Work p roduct of the disclos ing pa rty's atto rney that is not subject to the atto rney- client p rivilege.
0 The existence and contents of any insu rance policy that may be available to pay a judg ment aga inst the
d isclos ing pa rty.
0 A copy of any statement ta ken by the disclos ing pa rty's lawyer fro m the demand ing pa rty.
0 Any fi lms and photog raphs taken of the demand ing pa rty that the disclosing pa rty does not intend to use at
trial.
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Admin istrative Law
Jnder the State Ad ministrative Procedu re Act d01Jijgi), prior to a rule adopted by an ad ministrative agency beco n
!ffective, notice of the rule must be published in which one of the following publications?
0 Any newspape r of gene ral circulation or any trade publication.
@ The State Register.
0 New York Codes, Rules and Regulations.
0 The New Yo rk Law Journal.

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Admi nistrative Law
A pa rty has stand ing to seek judicial review of an admin istrative determination:
0 Only if the agency determination is directed exclus ively at the pa rty seeking to review it.
0 On ly if the agency determination has some d irect economic impact on the pa rty seeking review.
(!) If the agency determination has some harmful economic or nonecono mic impact on the pa rty seeking to
review it.
0 If the agency dete rmination affects the genera l public, regardless of its specific impact on the pa rty seeking
review.
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Adm inistrative Law
The Freedom of Information Law (FOIL) requires ad ministrative agencies:
0 To make the ir documents available to the public for inspection and copying, without restriction.
® To make their documents ava ilable to the public for inspection and copying, subject to certa in restrictions.
0 To make the ir documents available to the public for inspection and copying, without restriction, but
adm inistrative agencies need not perm it copying of the ir documents.
0 To place selected documents on their webs ite, but ad min istrative agencies need not make their documents
othe rwise availab le to the public for inspection or copying.
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Conflict of Laws
A New York cou rt applying a confl ict of law analysis in an action b rought in New York by a New Yo rk res ident
against a nonres ident must fi rst determine:
0 Whethe r the nonres ident is domiciled in a jurisd iction located outside of the Un ited States.
0 Whethe r th action has been timely b rought unde r New Yo rk law.
® Whethe r the re is an actua l conflict between the laws of New York and the othe r jurisdiction that gove rns the
parties' d ispute.
0 Whethe r the re is a law in New Yo rk relevant to the dispute that p rotects New Yo rk residents.
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Conflict of Laws
In a tort action pending in New York arising out of an accident that occu rred in State X, whe re the loss-allocating law
of State X favors the defendant. a do micilia ry of State X, and the pla intiff is a do mici lia ry of New Yo rk, the New York
cou rt should app ly the law of:
0 New York, because the action is pend ing here.
0 New York, because the plaintiff is dom iciled he re.
® State X, because the accident occu rred there, the defendant is do miciled there, and the applicab le law favo rs
him.
0 State X, solely because the accident occu rred there.
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lOMoARcPSD|11062035
Conflict of Laws
In an action in New York for b reach of an employment contract, a New Yo rk cou rt will always apply the law of:
0 The place of contracting.
0 The place of performance.
0 The domicile of the pa rties.
@ The jurisd iction with the most s ignificant contacts with the matter in d ispute.
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Evidence
Evidence is considered hearsay if it is a statement that was made outs ide of the cu rrent trial:
© Offered to p rove the truth of the statement, and such evidence is gene rally ad miss ible.
0 Rega rdless of the pu rpose for wh ich the evidence is offered, and such evidence is gene ra lly ad missible.
@ Offered to p rove the truth of the statement, and such evidence is gene rally inadmissib le un less it fits with in a
recogn ized exception.
0 Rega rdless of the pu rpose fo r wh ich the evidence is offered, and such evidence is gene rally inad miss ib le
unless it fits within a recognized exception.
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lOMoARcPSD|11062035
Evidence
At a crim inal trial, evidence of a defendant's p rior bad acts may NOT be ad mitted to show:
O Motive.
0 The absence of mistake.
0 A co mmon scheme or plan.
\!l The defendant's p ropensity to co mm it the crime.

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Evidence
There is a presumption in New York that a child is not competent to be a witness if the child is under the age of:
• 1 Twelve,. but the presumption may be rebutted by proof that the child understands the nature of an oath 酣
• Nine, but the presumption may be rebutted by proof that the child understands the 们 ature of an oath.
Twelve, and the presumption is irrebuttable.
’Nine, and the presumption is irrebuttable.
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Trusts, Wills and Estates I
Does a duly appointed health ca re agent, who does not reasonably know and cannot with reasonable diligence
ascertain the principal's wishes rega rding medical treatment, have authority to make a health care decision for the
p rincipal upon the principa l's incapacity?
0 No, and a comm ission of med ica l personne l must be appointed by a cou rt.
() No, and a gua rdian must be appo inted by a cou rt.
® Yes, but the appo inted agent cannot make a decis ion relating to the ad ministration of artificial nutrition and
hyd ration.
0 Yes, and the appo inted agent can make any decision related to the principal's medical treatment.
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A du rab le power of atto rney te rm inates when:
© The principal beco mes incapacitated.
0 The agent acts in violation of the principa l's instructions.
@ The agent's ma rriage to the p rincipa l is term inated by divorce.
0 A du rable powe r of atto rney ca n be terminated only by the death of the principa l.
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A g rantor has created an irrevocable trust p roviding for the income to be pa id to h is adult son for life and the
rema inder payable to h is adult grandson. If the granto r suffers serious business setbacks, may the g rantor p rope rly
revoke the trust?
Pl Yes, p rovided the trustee consents.
U No, unless h is son p rovides written consent, but his grandson's consent is not required.
@ No, unless both h is son and grandson p rovide written consent.
u No, because the trust is irrevocable by its te rms.
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Trusts, Wills and Estates D
The net estate of a pe rson who dies intestate suNived only by her mothe r and one b rothe r should be d istributed:
\!! All to her mothe r.
Pl Two -th irds to he r mother and one -third to her b rother.
u Equally to her mothe r and b rothe r.

Pl All to her b rother.
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Trusts, Wills and Estates II
In orde r fo r a will to be ad mitted to probate:
0 The testato r must sign the will in the presence of two attesting witnesses.
® The testato r may sign the will in the presence of two attesting witnesses o r he may acknowledge his signature
to the witnesses.
0 The two attesting witnesses must sign in the presence of each othe r.
0 The two attesting witnesses need not sign in the presence of each othe r and may sign at any time afte r the
testator has signed the will.
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lOMoARcPSD|11062035
Trusts, Wills and Estates II
If one of two attesting witnesses to a will is also a beneficia ry under the will and a distributee of the testator, the will
may nonetheless be admitted to p robate:
u But the witness-beneficia ry may not receive any share of the estate.
@ And the witness-beneficia ry is entitled to take under the will in an a mount not g reater than h is intestate share.
u And the witness-beneficia ry may ta ke the full a mount of any bequest to him unde r the will.
0 If one of two attesting witnesses to a will is also a beneficia ry under the will, the will may not be ad mitted to
p robate.
Submit Answer
lOMoARcPSD|11062035
Trusts, Wills and Estates D
Does New York recogn ize the va lidity of a "no-contest" clause in a will?
0 Yes, and there a re no exceptions to enforcement of such a clause.
0 Yes, and the only exception to enforce ment of such a clause is when a guard ian contests a will on behalf of a
mino r.
\!I Yes, and a beneficia ry will not violate such a clause if she contests the will based on p robable cause that it is a
forgery.
Pl No, New York does not recogn ize the va lid ity of a "no-contest" clause in a will.
Submit A nswer

lOMoARcPSD|11062035
Matrimonial and Family Law I
In o rder for a p re-nuptial agreement to be valid a nd enfo rceable in New York, the agreement must be in writing,
and:
<!J Subscribed by both pa rties and acknowledged in the same manne r as a deed.
0 Subscribed by both parties before two witnesses.
0 Subscribed only by the pa rty against whom the agreement is sought to be enforced, but no acknowledgement
or witnesses are required.
0 Subscribed by both pa rties, but no acknowledgement or witnesses are required.
Submit Answer
lOMoARcPSD|11062035
Upon commencement of a matrimon ial action and se Nice of the summons with auto matic o rders on the defendant,
both parties are p rohib ited from the following conduct, except:
0 Chang ing the beneficia ries of any existing life insu rance po licies.
0 Causing the other pa rty to be removed fro m a ny existing medical insu rance cove rage.
<!! Taking money out of a bank fo r no rmal household expenses without pe rmission.
0 Unilate rally selfing o r transfe rring any p rope rty, whether individually o r jo intly held.
Submit Answer

lOMoARcPSD|11062035
In New Yo rk, pa rents must support their child until age:
0 18, rega rdless of whethe r or not the child is soone r emancipated.
0 18. and a ch ild may not be emancipated prior to age 18.
(!) 21, unless the child is sooner emancipated.
0 21, and a ch ild may not be emancipated prior to age 21.
Submit Answer

lOMoARcPSD|11062035
Under the Indianαild Welfare Act, an Indian Tribe has exclusive ju出diction over:.
- Any child custody proceeding involving an Indian child, regardless of where the child resides or is domiciled.
’Any child custody proceeding involving an Indian child who resides or is domiciled within the reservation of
the tribe.
Any child custody proceeding involving a membe 「 of the tribe.
Any proceeding involving an Indian child.
Submit Answer
lOMoARcPSD|11062035
Matrimonial and Family Law D
Unde r the doctrine of equitab le estoppel, a man who has rep resented and treated a child for seve ra l years as his
b iolog ica l ch ild is later p recluded from denying patern ity:
0 On ly if he was awa re at the time the rep resentations we re made that he was not, in fact. the ch ild's biolog ical
father.
\!! If the ch ild justifiably relied on the rep resentations and would be harmed if the relationship was terminated.
Pl Regardless of whether o r not the ch ild justifiab ly relied on the rep resentations.
U Under the doctrine of equitable estoppel, a man who has rep resented and treated a ch ild fo r several years as
h is biological ch ild is not late r p recluded from denying patern ity if, in fact, he is not the biologica l fathe r of the
ch ild.
Submit Answer
lOMoARcPSD|11062035
Matrimonial and Family Law D
Ju risdiction over fa mily offense proceed ings:
0 Lies exclusively in the criminal courts.
© Lies exclusively in Fa mily Court.
0 Lies exclusively in Sup reme Court.
@Is concurrent in Family Court and the criminal courts.
Submit Answer

lOMoARcPSD|11062035
Matrimonial and Fam ily law II
A ch ild who does not attend school may be adjudicated a pe rson in need of supe rvision (PINS):
G If the child is less than 18 years old, and the ch ild may be detained in a secu re detention faci lity.
0 Only if the ch ild is less than 16 yea rs old, and the child may be deta ined in a secu re detention facility.
\!> If the child is less than 18 years old, but the child may not be detained in a secu re detention faci lity.
0 On ly if the ch ild is less than 16 years old, but the ch ild may not be deta ined in a secu re detention facility.
Submit A nswer
lOMoARcPSD|11062035
Criminal Law and Procedure I
At trial, the p rosecution has the bu rden to d isp rove an o rdina ry defense:
0 By a p reponde rance of the evidence.
0 By clea r and convincing evidence.
(!) Beyond a reasonable doubt.
0 At trial. the defendant has the bu rden to establish an ord ina ry defense by the p reponde rance of the evidence.
Submit Answer

lOMoARcPSD|11062035
Cri minal Law and Procedure I
A pe rson is gu ilty of the crime of consp iracy if, intend ing that the conduct constituting a crime be comm itted, he
ag rees with another pe rson to co mmit a crime:
0 Regard less of whether any steps a re thereafter taken to effectuate the crime.
0 Provided he thereafter takes a step to effectuate the cri me, regardless of whether or not the crime is
co mpleted.
® Provided either he o r the other pe rson takes a step to effectuate the crime, regardless of whether or not the
crime is comp leted.
0 Provided the crime is co mp leted by both participants.

Submit Answer
lOMoARcPSD|11062035
Criminal Law and Procedure II
In o rder for a police office r to stop a person and request explanato ry info rmation by means sho rt of fo rcible seizu re,
the officer must have:
© An objective, cred ib le reason for the intrusion, not necessa rily indicative of crimina lity.
I!> A founded suspicion that crimina l activity is afoot.
© A reasonable susp icion that the pe rson has co mmitted, is committing, or is about to co mm it a felony o r
misde meanor.
0 Probab le cause to believe the pe rson has committed a crime.
Submit Answer

lOMoARcPSD|11062035
Crim inal Law and Procedure II
At a criminal trial, evidence of a p re -trial identification resulting fro m an unnecessa rily suggestive police- arranged
p rocedu re:
\!! Must be excluded as a matter of State constitutional law.
A May be adm itted if there is an independent sou rce justifying an in -cou rt identification.
u May be ad mitted if the identification is corroborated by a subsequent p rope rly conducted p re-trial
identification.
() May be admitted in the d iscretion of the cou rt.
Submit Answer

lOMoARcPSD|11062035
Torts and Tort Damages I
The duty of ca re owed by a landowner to a trespasse r on her p rope rty for a non-recreationa l use. whe re the
trespasse r's p resence on the p rope rty is not foreseeable, is:
0 Only to wa rn of dangerous conditions.
0 Only to refrain fro m willful misconduct.
® Reasonable care under all the circumstances.
0 A landowne r owes no duty of ca re to a trespasser on he r p rope rty under any ci rcumstances.

lOMoARcPSD|11062035
The owner of a vehicle is liab le for inju ries suffe red in an accident caused by the negligent ope ration of the veh icle
by its drive r:
0 Provided the owner was p resent in the ca r at the time of the accident.
0 Only if the drive r was operating the veh icle with the exp ress permiss ion of the owner.
® Provided the drive r had the exp ress or implied pe rm ission of the owne r to ope rate the vehicle, and such
pe rmission will be p resumed.
0 Rega rdless of whethe r or not the driver had the owne r's perm iss ion to operate the veh icle.
Submit Answer

lOMoARcPSD|11062035
What relief, if any, may be awarded to a living pe rson whose vo ice is used without h is written consent fo r
advertis ing pu rposes?
\!> He may obtain an injunction p rohibiting the use of his voice, and he may also b ring an action to recover
da mages.
0 He may obtain an injunction p roh ibiting the use of his vo ice, but he does not have any right to bring an action
to recover da mages.
0 He may bring an action to recove r damages, but he may not enjoin the use of his vo ice.
0 He may not enjo in the use of h is vo ice no r may he be awa rded damages, because the re is no right of p rivacy
in one's voice.
Submit Answer
＠
Monday-Friday. 9:00am-5:00p
lOMoARcPSD|11062035
Support:
New York State Board of Law Examiners Easternπ
New York Law Course (NYLC) (518) 453-59
Torts and T。此 DamagesD
Under New York’ 5 们 a-fault law, a “ serious injury” is defined as a personal inju叩「esulting in any of the following
except:
Significant disfigurement.
1
1... Loss of fetus.
•• Sprained ankle that prevented the in ured person from working for 60 days immediately following the
accident..
Significant limitation of use of a body function or system.
Submit Answer
lOMoARcPSD|11062035
Torts and Tort Damages II
The time to se Ne a late notice of cla im against a mun icipality in connection with a negligence claim:
0 May be extended by the cou rt, but not beyond the statute of limitations, which is th ree yea rs.
@ May be extended by the cou rt, but not beyond the statute of li mitations, which is o ne yea r and 90 days.
0 May be extended by the cou rt, with in its discretion, for a reasonable period of time.
G May not be extended by the cou rt.
Submit Answer

lOMoARcPSD|11062035
Contracts
A p ro misor's s igned written p romise that is based on past consideration is:
0 Not enforceable, because a contract must have p resent cons ideration.
0 Not enforceable, unless the past co ns ide ration involved the pe rformance of pe rsonal services.
@ Enforceable, if the cons ide ration is exp ressed in the writing and is p roved to have been given and would be
valid co ns ide ration but fo r the time it was given.
0 Enforceable, regard less of the adequacy of the past cons ide ration, because the p romise was in a writing signed
by the p romisor.
Submit Answer
lOMoARcPSD|11062035
Contracts
Should a cou rt perm it the parties to a contract to introduce extrinsic evidence as to what was intended by the
contract?
0 Yes, if the jury finds as a matte r of fact that the contract is a mb iguous.
® Yes, if the cou rt finds as a matter of Jaw that the contract is a mbiguous.
0 Yes, if the extrinsic evidence creates an a mb iguity.
0 Yes, rega rdless of any a mbiguities in the contract, if the extrinsic evidence expla ins what the parties meant.
Submit Answer

lOMoARcPSD|11062035
Contracts
Is a p rovis ion in a residential lease exempting the landlo rd fro m liability for damages fo r persona l injury caused by
the land lord's neg ligence in the ma intenance of the p rope rty enforceable?
<!! No, because a lease p rovision pu rporting to exe mpt the landlo rd fro m liab ility for its own acts of negligence in
the ma intenance of its p roperty is generally void as aga inst public policy.
G No, because a lease p rovis ion pu rporting to exe mpt the land lo rd fro m liab ility for its own acts of negligence in
the ma intenance of its p rope rty is only enfo rceab le in a co mmercial lease.
0 Yes, because a lease p rovision pu rpo rting to exempt the landlord fro m liability fo r its own acts of negligence in
the maintenance of its p rope rty is enfo rceable, rega rd less of the natu re of the tenancy.
0 Yes, if the land lo rd contracted with a third pa rty to ma intain the p rope rty.

lOMoARcPSD|11062035
Rea l Property
If a tenant leaves a leased p rope rty before the end of the lease term:
@ The tenant is no longer respons ible for the continued payment of rent and may get any secu rity deposit
returned if the land lord finds a new tenant.
0 The tenant is no longer responsible for the continued payment of rent, but forfeits the return of the security
depos it.
0 The tena nt is still respons ib le for the continued payment of rent, but the landlord is obligated to find a new
tenant.
0 The tenant is still respons ible for the continued payment of rent and the landlord has no obligation to find a
new tenant.
Submit Answer
lOMoARcPSD|11062035
Real Property
If a tenant holds ove r at the end of a one-yea r lease:
0 The landlord may automatically hold the tenant to an additional term of one year.
0 The tenancy converts to a month -to-month tenancy, rega rd less of whether o r not the landlo rd accepts rent fo r
the ho ldover pe riod.
\!> The tenancy converts to a month -to-month tenancy, if the land lo rd accepts rent fo r the holdove r pe riod.
G> The land lord may immed iately commence a summa ry p roceeding to evict the tenant, rega rdless of whethe r or
not the landlord has accepted rent for the holdover pe riod.
Submit Answer
lOMoARcPSD|11062035
Rea l Property
The Prope rty Cond ition Disclosu re Act requires the selle r of real p rope rty to:
0 Provide the pu rchaser with access to the p remises for a ho me inspection.
0 Produce a p rope rty cond ition d isclosu re state ment and there is no opting out of this statement.
\.!> Produce a p rope rty cond ition d isclosu re state ment o r give the pu rchaser a $500 credit toward the pu rchase
p rice.
0 Give the pu rchase r a $500 cred it toward the pu rchase p rice if it is dete rmined that the selle r misrep resented
information o n the p rope rty cond ition d isclosu re state ment.
Submit Answer

lOMoARcPSD|11062035
Rea l Property
May one spouse holding title to rea l p rope rty as tenancy by the entirety mortgage his inte rest while the othe r
spouse is still alive?
0 No, not without the consent of the othe r spouse.
0 Yes, but the mortgage lien is voidable at the option of the othe r spouse.
@ Yes, but the mortgagee's lien is subject to the survivorship interest of the other spouse.
0 Yes, and the mo rtgagee's lien is not subject to the survivorship inte rest of the other spouse.
Submit Answer

lOMoARcPSD|11062035
Business Relatio nships
Wh ich of the following is required to form a general partnership?
!ol Two or more persons, defined as an individual or legal entity.
u A written contract.
A Filing a certificate of general partnership with the secretary of state.
u Revenues.
Submit Answer

lOMoARcPSD|11062035
Business Re lationsh ips
The by-laws of a bus iness corporation whose ce rtificate of incorporation and by-laws a re silent on the vote needed
to a mend such by-laws may be a mended o nly by:
0 The unan imous vote of the sha reholders.
<!> A majo rity vote of the sha reholders.
0 The unan imous vote of the boa rd of directors.
0 A majo rity vote of the board of directo rs.
Submit Answer
lOMoARcPSD|11062035
Busine,ss Relationships
A vote of the shareholders is required to:
。 Amend the certificate of incorporation but not to approve a merger..
丁 Approve a merger but not to amend the certificate of incorporation.
l.!.1 Both amend the certificate of incorpor前ion and approve a merge 「 ”
’A vote of the shareholders is NOT required to amend the ce 『tificate of incorporation or to approve a merger.
Submit Answe 『

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NYLE sample Questions in NY Bar review

Studocu is not sponsored or endorsed by any college or university

NEW YORK STATE

SAMPLE QUESTIONS FOR THE NEW YORK LAW EXAMINATION

Copyright © 2016 New York State Board of Law Examiners

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Sample Questions for the New York Law Examination

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Procedure Act (SAPA), the agency must:

afford the public an opportunity to submit comments on the proposed rule.

affording an opportunity for public comment is not required.

opportunity to submit comments on the proposed rule.

opportunity for public comment is not required.

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II. MANAGEMENT AND CONTROL

In the absence of a controlling provision in its certificate of incorporation or by-laws, a director

of a business corporation may be removed:

(a) Only by vote of the shareholders and only for cause.

(b) Only by vote of the shareholders for cause or without cause.

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LIMITED LIABILITY COMPANIES

III. PROFESSIONAL SERVICE LIMITED LIABILITY COMPANIES

B. PROFESSIONAL RELATIONSHIPS AND LIABILITIES

company is personally liable for professional malpractice committed by:

(a) The lawyer herself only.

(d) All lawyers who are members or employees of the firm.

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CIVIL PRACTICE AND PROCEDURE

III. PERSONAL JURISDICTION

a non-domiciliary as to a cause of action arising from that act?

(a) Transaction of business within the state.

(b) Contracting out of state to supply goods or services in the state.

(c) Defamation committed within the state.

(d) Ownership of real property situated within the state.

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CIVIL PRACTICE AND PROCEDURE

IV. VENUE AND FORUM NON CONVENIENS

A. PROPER VENUE FOR VARIOUS TYPES OF ACTIONS

(a) The county in which the defendant resides.

(b) Any county designated by the plaintiff.

(c) The county in which the real property is located.

(d) The county in which the contract was made.

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CIVIL PRACTICE AND PROCEDURE

In order to be timely, an action commenced in New York by a nonresident plaintiff against a

(b) Timely under the law of New York, only.

(c) Timely under the law of State X, only.

New York for a claim that accrued outside of New York.

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CIVIL PRACTICE AND PROCEDURE

included in the motion:

(a) Lack of subject matter jurisdiction.

(b) Failure to state a cause of action.

(c) Failure to join a necessary party.

(d) Lack of personal jurisdiction over the defendant.

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I. APPLICATION IN SPECIFIC AREAS

apply the law of:

(a) The place of contracting.

(b) The place of performance.

(c) The domicile of the parties.

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