Download NYLE Test Bank Questions and Verified Answers Latest 2025-2026 Graded A and more Exams Law in PDF only on Docsity!
NYLE Test Bank Questions and Verified
Answers Latest 2025-2026 Graded A
A charge of vehicular assault in the second degree may arise from any of the following activities except: OPTIONS A) Driving a boat while under the influence of drugs. B) Driving a snowmobile while intoxicated. C) Driving an all-terrain vehicle while texting. D) Driving a motor vehicle while talking on a cell phone. - ANSANSWER D) Driving a motor vehicle while talking on a cell phone. A charge of vehicular assault in the second degree may arise from any of the following activities, except: - ANSDriving a motor vehicle while talking on a cell phone. A decedent died intestate last year leaving a net estate of $150,000. He was survived by his wife, his son, and one grandchild, the child of his predeceased daughter. The decedent's estate should be distributed: OPTIONS A) Entirely to the wife. B) $75,000 to the wife and $75,000 to the son. C) $50,000 each to the wife, son and grandchild. D) $100,000 to the wife, $25,000 to each of the son and grandchild. - ANSANSWER D) $100,000 to the wife, $25,000 to each of the son and grandchild.
A defendant entered a store to rob it carrying a loaded gun. He shot the gun into the air hoping to scare the cashier, but the bullet struck a light fixture causing it to fall on the cashier's head, killing him. The defendant is guilty of: OPTIONS A) Manslaughter B) Criminally negligent homicide C) Felony murder D) Depraved indifference murder - ANSANSWER C) Felony murder A defendant served with the complaint in a civil action made a pre-answer motion to dismiss the complaint on the ground that it failed to state a cause of action, but the motion was denied. In the defendant's answer any of the following defenses may be raised except: OPTIONS A) Res judicata. B) The statute of limitations. C) Lack of subject matter jurisdiction. D) Lack of personal jurisdiction. - ANSANSWER D) Lack of personal jurisdiction. A determination as to whether or not a covered person has suffered a significant disfigurement in a vehicle accident for purposes of recovering non-economic damages in a civil action is based upon? - ANSA reasonable
C) No, because the trust is irrevocable by its terms, unless both his son and grandson provide written consent. D) No, because the trust is irrevocable by its terms and thus cannot be revoked no matter who might consent. - ANSANSWER C) No, because the trust is irrevocable by its terms, unless both his son and grandson provide written consent. A grantor has created an irrevocable trust providing for the income to be paid to his adult son for life and the remainder payable to his adult grandson. If the grantor suffers serious business setbacks, may the grantor properly revoke the trust? OPTIONS A) Yes, provided the trustee consents. B) No, unless his son provides written consent, but his grandson's consent is not required. C) No, unless both his son and grandson provide written consent. D) No, because the trust is irrevocable by its terms. - ANSANSWER C) No, unless both his son and grandson provide written consent. A grantor owning a large tract of land decided to divide it into several parcels. The recorded deed conveying Parcel A contained a restriction prohibiting commercial use of the parcel. The grantor included the same restriction in a recorded deed conveying Parcel B, an adjoining lot. A subsequent deed conveying Parcel C made no reference to the restriction contained in those previously recorded deeds. If the owner of Parcel C
uses his parcel for commercial purposes, may the owners of Parcels A and B enforce the restrictive covenant against the owner of Parcel C? OPTIONS A) No, because the restriction was not contained in the direct chain of title to Parcel C. B) Yes, because the deeds conveying Parcels A and B were recorded prior to the deed conveying Parcel C. C) Yes, because Parcels A and B are adjoining lots in the same tract as Parcel C. D) Yes, because Parcels A, B, and C were conveyed by a common grantor.
- ANSANSWER A) No, because the restriction was not contained in the direct chain of title to Parcel C. A husband and wife, both of whom turned 18 last month, entered into a contract to borrow money from a bank to purchase a home when they were
- May they disaffirm the contract now that they have turned 18? - ANSNo, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home. A landowner may be liable for injuries sustained by a recreational user of the property if the landowner: - ANSCharged the recreational user a fee to use the property. A lawyer when dealing with an unrepresented party who may be a potential adverse party: - ANSMust not impart legal advice except to secure counsel.
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: - ANSWhether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute. A party who applies for a temporary restraining order: - ANSMust put the opposing party on notice of the application in all cases, pursuant to the rules applicable to cases brought in Supreme Court. A passenger in a vehicle was injured in a two-car accident caused by the negligence of the driver of the other vehicle. If the injured passenger seeks to recover her medical expenses, she must look to the insurance policy covering which one of the vehicles involved in the accident? OPTIONS A) Whichever vehicle she chooses to sue for her damages. B) The vehicle she was riding in as a passenger, even though the accident was caused by the negligence of the driver of the other vehicle. C) The other vehicle, because the accident was caused by the negligence of the driver of that vehicle. D) Both vehicles, because under the no-fault insurance law liability is shared by the affected insurance carriers. - ANSANSWER B) The vehicle she was riding in as a passenger, even though the accident was caused by the negligence of the driver of the other vehicle. A person served as director of both Corporation A and Corporation B. This director was present at a meeting of the board of directors of Corporation A when it approved a contract between Corporation A and Corporation B, and
his presence and affirmative vote were necessary to establish a quorum of the board and approve the contract. The contract was fair and reasonable to Corporation A at the time it was approved. Is the contract voidable by Corporation A? OPTIONS A) Yes, if the common directorship was not known to the board of Corporation A. B) Yes, because the director's presence and affirmative vote were necessary to establish a quorum of the board and approve the contract. C) No, because common directorship cannot be a valid ground to void any contract approved by a board of directors. D) No, because the contract was otherwise fair and reasonable to Corporation A at the time it was approved. - ANSANSWER D) No, because the contract was otherwise fair and reasonable to Corporation A at the time it was approved. A person who caused the death of another person while driving while intoxicated would most likely be charged with: - ANSCriminally negligent homicide. A plaintiff was seriously injured in an accident as a result of the negligence of a municipal defendant. The plaintiff died from his injuries. The representative of the decedent's estate intends to commence an action seeking damages for conscious pain and suffering and for wrongful death. A Notice of Claim must be filed: - ANSWithin 90 days after the appointment of a representative for the decedent's estate for the wrongful death claim
material that is clearly irrelevant. The proper procedure for the witness to follow in order to challenge the subpoena is to: OPTIONS A) Immediately move in supreme court to quash the subpoena. B) Refuse to comply with the subpoena and defend any subsequent proceeding to enforce it. C) First request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness may move in supreme court to quash the subpoena. D) Request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness has no further remedy because the statute authorizes the issuance of the subpoena. - ANSANSWER C) First request the hearing officer to withdraw the subpoena and, if unsuccessful, the witness may move in supreme court to quash the subpoena. A statute makes it a crime to serve alcoholic beverages to anyone under the age of 21. Sally, a 19-year-old college student went to a club for people 19+. At the bar, she asked the bartender to make her an alcoholic beverage. When the bartender asked for her age, she said that she was
- Many people had mistaken Sally for being 22-years-old in the past. The bartender believed Sally and served her the beverage. Is the bartender likely to face criminal prosecution? A. No, because it was reasonable to believe that Sally was 22 B. No, because the bartender lacked knowledge that Sally was under 21 C. Yes, because of the Dram Shop Act
D. Yes, because the bartender served an alcoholic beverage to a 19-year- old girl - ANSD. Yes, because the bartender served an alcoholic beverage to a 19-year-old girl A testator executed her will in New York while domiciled here. If the testator subsequently dies in State X while domiciled there, owning real property in New York and personal property in State X, the law of which state will determine the disposition of the testator's estate? - ANSNew York as to the testator's real property and State X as to the testator's personal property. 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 - ANSANSWER C) Medical malpractice A victim of a bank robbery brought a civil charge against Simon, the alleged bank robber, for intentional infliction of emotional distress. The bank robbery occurred on Tuesday between 1:23 p.m. and 1:32 p.m. Simon's defense team wants to submit evidence that Simon always takes his lunch at Local Diner between 1:00 p.m. and 2:00 p.m. Monday to Friday. May Simon's defense team submit this evidence? A. No, evidence of a defendant's habits is inadmissible to prove the defendant's propensity to commit the act in issue B. No, because evidence of a defendant's specific acts is inadmissible
agreement is in writing, signed by both parties, and acknowledged in the matter that is required to have a deed recorded. All following types of identifications, if not unduly suggestive, are admissible as evidence in a criminal trial except: - ANSA photo array where the police know the identify of the suspect. All of the following persons may properly file an action to establish paternity in Family Court except: - ANSSocial Services, on behalf of the Father. Allison had a great relationship with her daughter Elizabeth until Elizabeth married David. Two years after the marriage, Allison used a pen to scratch out the $200,00 she left to Elizabeth and wrote "$0" above that amount. All of the other provisions in the will remained the same. Is Allison's revocation effective? OPTIONS A) Yes, because partial revocation of a will by physical act is permitted. B) Yes, because Allison entered a new amount above the scratched-out amount. C) No, because partial revocation of a will by physical act is not permitted. D) No, because the revocation violates public policy regarding the legal right to marriage. - ANSANSWER C) No, because partial revocation of a will by physical act is not permitted. An accomplice to a crime received a favorable plea deal requiring him to testify against the defendant. At a subsequent trial of the defendant, the accomplice's testimony:
OPTIONS
A) Is inadmissible because the favorable plea deal makes the testimony inherently unreliable. B) Is sufficient by itself to convict the defendant if it establishes each element of the crime beyond a reasonable doubt. C) Must be corroborated with some other evidence tending to connect the defendant with the commission of the crime. D) Must be corroborated with some other evidence independent of the accomplice's testimony establishing that the defendant committed the crime. - ANSANSWER C) Must be corroborated with some other evidence tending to connect the defendant with the commission of the crime. An advertisement by a lawyer compares the lawyer's services with the services of other lawyers, uses a paid endorsement by an actor that is disclosed as such, contains statements reasonably likely to create an expectation about results, is labeled "attorney advertising," and contains the disclaimer that "Prior results do not guarantee a similar outcome." Assuming the advertisement is truthful, not deceptive or misleading, and can be factually supported, under the Rules of Professional Conduct the advertisement is: OPTIONS A) Permissible as is. B) Permissible except for the use of a paid endorsement by an actor. C) Permissible except for the comparison of the lawyer's services with the services of other lawyers.
An officer elected by the board of directors of a business corporation may be removed by vote of the: - ANSBoard of directors for cause or without cause. An order of protection in a family offense proceeding: ff - ANSIf later violated, may result in a finding of contempt, resulting in a period of incarceration. Becky sued John for breach of contract. In his pre-answer motion to dismiss, John argued that the court lacked subject matter jurisdiction and personal jurisdiction. The court denied John's motion to dismiss. After filing his answer, John filed another motion to dismiss raising a statute of frauds defense and lack of subject matter jurisdiction. Should the court hear the second motion? OPTIONS A) The court should not hear the statute of frauds defense and hear the subject matter jurisdiction claim. B) The court should not hear any part of the motion. C) The court should hear all parts of the motion. D) The court should hear the statute of frauds defense and not hear the subject matter jurisdiction claim. - ANSANSWER A) The court should not hear the statute of frauds defense and hear the subject matter jurisdiction claim. Before an agency adopts a new rule, a public hearing: - ANSMay be required if there is a statute that specifically requires that a hearing be held.
Bob died without a will and is survived by his sons Joe and Steve, his deceased daughter's children Pete and Julia, and his deceased son's child Chris. Bob's estate consists of $150,000. How will the money be distributed? OPTIONS A) Joe and Steve each receive $75, B) Joe and Steve each receive $37,500; Pete, Julia, and Chris each receive $25, C) Joe, Steve, Pete, Julia, and Chris each receive $30, D) Joe, Steve, and Chris each receive $37,500; Pete and Julia each receive $18,750 - ANSANSWER B) Joe and Steve each receive $37,500; Pete, Julia, and Chris each receive $25, Bob went to the nearest lawyer in town to discuss a dog bite incident with his neighbor. The lawyer, Saul, is a bankruptcy attorney. Saul, low on profits this year, wants to expand his practice, but has not had much experience with torts. Should Saul represent Bob? A. Yes, because bar passage is all that is required to practice law B. Yes, if Saul consults with a torts attorney C. No, Saul is not competent to represent clients in tort matters D. No, Saul has a financial motive to expand his business - ANSB. Yes, if Saul consults with a torts attorney Both the excited utterance and present sense impression exceptions to the hearsay rule require that: - ANSDeclarant has personal knowledge of the event.
B. Solely Rose and Dave's because a shareholder may seek dissolution if shareholders are so divided that there will not be enough votes required for the election of directors C. All, Kate, Rose, and D - ANSB. Solely Rose and Dave's because a shareholder may seek dissolution if shareholders are so divided that there will not be enough votes required for the election of directors Congress created an agency to oversee the disbursement of oil in oceans. The agency wants to adopt a new rule that limits the amount of oil an entity can dump in the ocean. The agency emailed the new rule to people who signed up for its mailing list. Must the agency do more before it can adopt the rule? A. Yes, it must submit notice of the proposed rule to the Secretary of State B. Yes, it must submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments C. No, but it may submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments D. No, but it may submit notice of the proposed rule to the Secretary of State - ANSB. Yes, it must submit notice of the proposed rule to the Secretary of State, get the proposed rule published in the state register, and give the public an opportunity to ask written comments Cynthia, an attorney, entered into an agreement to represent Jordan on a conversion charge with an expected attorney's fee of $500. Cynthia did not provide Jordan with a written letter of engagement, nor did she inform
Jordan of her right to arbitrate fee agreements. Is Cynthia in violation of the rules of professional conduct? A. No, because a written letter of engagement is never mandatory B. No, because the expected attorney's fee is $ C. Yes, because a written letter of engagement and notice to arbitrate are mandatory D. Yes, because a written letter of engagement is mandatory - ANSB. No, because the expected attorney's fee is $ Does an attorney who is hired at-will at a law firm but who was subsequently fired for objecting to unethical conduct have a viable cause of action for wrongful termination against the law firm? - ANSYes, because there is an implied duty of good faith on the part of the law firm that limits the law firm's right to terminate the employment of an attorney for objecting to allegedly unethical conduct. Does New York recognize common law marriages from other states? - ANSYes, unless the marriage would otherwise be prohibited by New York Law or involved incest or bigamy. During a marriage, a wife deposits money gifted to her by her mother into a joint account. At the time of divorce, the wife claims that the gift was to her only, and would like the funds to be considered separate property. Who has the burden of proof? - ANSThe wife because she is the one who is claiming the property is separate.
