NYLE Module Questions

At the time of its incorporation how many members must an a LLC have?

1

A lawyer who represents a seller in a real estate contract and who receives a $5,000 deposit on the purchase price in trust for the seller and buyer....

Must deposit the $5,000 in his attorney trust account.

The lack of consent by the alleged victim of a sex crime may be based on any of the following circumstances, except the victim being: a) 17 years-old. b) Asleep. c) Unconscious. d) In fear of immediate physical injury based on an implied threat.

a) 17 years-old.

An executive session may be conducted by a public body: a) Following a majority vote of the public body taken in a public session identifying the topics to be discussed. b)Following a majority vote of the public body taken in a public session, but the topics to be discussed need not be identified. c) Upon a call for an executive session by the presiding officer of the public body identifying the topics to be discussed. d) Upon a call for an executive session by the presiding officer of the public body, but the topics to be discussed need not be identified.

a) Following a majority vote of the public body taken in a public session identifying the topics to be discussed.

If a party serves an order that is signed by the judge but has not been entered by the clerk, the time to file an appeal from that order: a) Has not begun to run. b) Will run from the date the order was entered. c) Will run from the date the order was served. d) Will begin to run once the adverse party receives the order.

a) Has not begun to run.

The Rules of Professional Responsibility prohibit a lawyer's in-person solicitation for the purpose of retention of the lawyer: a) If a significant motive of the lawyer is pecuniary gain and the person is not an existing client. b) If a significant motive of the lawyer is pecuniary gain regardless of whether the person is an existing client. c) Anytime the lawyer is likely to receive pecuniary gain regardless of whether the person is an existing client. d) Regardless of the lawyer's motive or whether the person is an existing client.

a) If a significant motive of the lawyer is pecuniary gain and the person is not an existing client.

Ignorance of the law: a) Is never a defense to any criminal charge. b) Is an absolute defense to any criminal charge. c) Can only be used as a defense to a charge that involves the element of recklessness. d) Can only be used as a defense to a charge that involves the element of negligence.

a) Is never a defense to any criminal charge.

A party who applies for a temporary restraining order: a) Must put the opposing party on notice of the application in all cases, pursuant to the rules applicable to cases brought in supreme court. b) Must put the opposing party on notice only if directed to do so by the court. c) Must put the opposing party on notice of the application only if the matter is assigned to the Commercial Division of the Supreme Court. d) Is never required to put the opposing party on notice of the application, in order to avoid any irreparable injury pending a hearing on the motion.

a) Must put the opposing party on notice of the application in all cases, pursuant to the rules applicable to cases brought in supreme court.

If one of two attesting witnesses to a will is also a beneficiary under the will and a distributee of the testator, the will may nonetheless be admitted to probate: a) But the witness-beneficiary may not receive any share of the estate. b) And the witness-beneficiary is entitled to take under the will in an amount not greater than his intestate share. c) And the witness-beneficiary may take the full amount of any bequest to him under the will. d) If one of two attesting witnesses to a will is also a beneficiary under the will, the will may not be admitted to probate.

b) And the witness-beneficiary is entitled to take under the will in an amount not greater than his intestate share.

Commencement of an action by electronic filing: a) Is permitted in every action brought in the State of New York. b) Is required only in those types of cases as determined by the rules of the county in which the action is commenced. c) Is required for every action brought in the State of New York. d) Is not permitted for any action in the State of New York.

b) Is required only in those types of cases as determined by the rules of the county in which the action is commenced.

In order to be enforced, a contract which is subject to the statute of frauds: a) Must be a paper document signed by the party to be charged. b) May be in an email signed by the party to be charged. c) Must be a paper document signed by all of the parties to the contract. d) May be in a series of emails, but only if there are emails signed by all of the parties to the contract.

b) May be in an email signed by the party to be charged.

The term "intangible personal property" includes all of the following except: a) Cash. b) Motor vehicles. c) An investment account. d) A bank account.

b) Motor vehicles.

Under a duly executed power of attorney, an agent: a) Must act according to the agent's judgment as to what is in the best interest of the principal, regardless of the principal's instructions to the contrary. b) Must observe the standard of care of a prudent person dealing with the property of another. c) May comingle her funds with those of the principal, provided accurate and complete records are maintained. d) May make gifts to herself, regardless of whether a separate gifts rider is executed, in any amount.

b) Must observe the standard of care of a prudent person dealing with the property of another.

If one defendant in a negligence action with two defendants settles with the plaintiff and is released in the action, the remaining defendant: a) Is also released from liability to the plaintiff in the same action. b) Receives the benefit of the greater of the proportionate share of liability of the settling defendant or the amount that the settling defendant paid. c) Receives the benefit of the lesser of the proportionate share of liability of the settling defendant or the amount that the settling defendant paid. d)May seek contribution from the settling defendant if the settling defendant paid less than its equitable share of the damages.

b) Receives the benefit of the greater of the proportionate share of liability of the settling defendant or the amount that the settling defendant paid.

In order to have a joint interest in real property pass under a testator's will, title to the real property must be held by the testator and a second person as: a) Joint tenants with right of survivorship. b) Tenants in common, only. c) Tenants by the entirety, only. d) Either tenants in common or tenants by the entirety.

b) Tenants in common, only.

In order to introduce scientific evidence of an expert in a civil action in New York: a) The expert may only rely on his own personal experience, observations and testing to come to an opinion. b) The expert may base his opinion on scientific theories and principles if the principles enjoy general acceptance within the relevant scientific community. c) The expert may base his opinion on scientific theories and principles if the principles have been peer-reviewed and tested and have been properly applied in the case at hand. d) The expert may base his opinion on scientific theories and principles, with or without acceptance in the scientific community, as long as the testimony is helpful to the jury to understand the evidence or determine a fact in issue.

b) The expert may base his opinion on scientific theories and principles if the principles enjoy general acceptance within the relevant scientific community.

In order for a will to be admitted to probate: a) The testator must sign the will in the presence of two attesting witnesses. b) The testator may sign the will in the presence of two attesting witnesses or he may acknowledge his signature to the witnesses. c) The two attesting witnesses must sign in the presence of each other. d) The two attesting witnesses need not sign in the presence of each other and may sign at any time after the testator has signed the will.

b) The testator may sign the will in the presence of two attesting witnesses or he may acknowledge his signature to the witnesses.

If, while a case is being presented in a town court the defendant is indicted, the case: a) Will stay in the town court. b) Will be transferred to County Court. c)Will be transferred to the Court of Appeals. d) Will be transferred to City Court.

b) Will be transferred to County Court.

May an attorney serve a trial subpoena for the production of documents for the trial of a civil action? a) Yes, and the responsive documents must be delivered in all cases to the court. b) Yes, and the attorney may direct that the responsive documents are served directly on the attorney, as long as they give notice to the opposing party. c) No, because a trial subpoena may only be issued by the court. d) No, because documents may not be subpoenaed after discovery is complete.

b) Yes, and the attorney may direct that the responsive documents are served directly on the attorney, as long as they give notice to the opposing party.

In a legal matter where a conflict of interest may be waived by a client under the Rules of Professional Conduct, is it necessary to confirm the waiver in writing? a) Yes, the client must confirm the waiver in writing. b) Yes, either the client or the lawyer must confirm the waiver in writing. c) Yes, both the client and lawyer must confirm the waiver in writing. d) No, but it is advisable for the lawyer to confirm the waiver in writing.

b) Yes, either the client or the lawyer must confirm the waiver in writing.

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.

c) $50,000 and one-half of the residue to the spouse and the remainder split equally between the children.

Which one of the following statements regarding search warrants is false? a) New York and federal law have distinct differences regarding the legal requirements for issuance of a search warrant. b) An application for a search warrant may be verbal or in writing with sworn allegations of fact. c) A search warrant may be based on reasonable suspicion. d) A search warrant must be executed by the police within ten days.

c) A search warrant may be based on reasonable suspicion.

Which one of the following statements regarding the rules of evidence is false? a) Evidence that is prejudicial is evidence that is likely to confuse or mislead the jury or cause the jury to decide the case on an erroneous ground or cause undue delay. b) Evidence is relevant if it tends to prove or disprove a material fact. c) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative. d) The purpose of the rules of evidence is to ensure that the jury will hear all pertinent, reliable and probative evidence that bears on dispositive issues in the case.

c) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative.

A vote of the shareholders is required to: a) Amend the certificate of incorporation but not to approve a merger. b) Approve a merger but not to amend the certificate of incorporation. c) Both amend the certificate of incorporation and approve a merger. d) A vote of the shareholders is NOT required to amend the certificate of incorporation or to approve a merger.

c) Both amend the certificate of incorporation and approve a merger.

A charge of vehicular assault in the second degree may arise from any of the following activities, except: a) Driving a boat while under the influence of drugs. b) Driving a snowmobile while intoxicated. c) Driving an all-terrain vehicle while texting. c) Driving a motor vehicle while talking on a cell phone.

c) Driving a motor vehicle while talking on a cell phone.

Which one of the following statements regarding a Health Care Proxy is false? a) The principal cannot have two people acting at the same time as her proxy. b) In order to appoint a health care agent, the principal must be an adult. c) In order to execute a Health Care Proxy, the principal must be able to sign her own name. d) The agent's authority commences only when the principal lacks capacity.

c) In order to execute a Health Care Proxy, the principal must be able to sign her own name.

A lawyer's failure to meet the biannual attorney registration requirement: a) Is not professional misconduct, but will result in a judgment against the lawyer. b) Is not professional misconduct, but will suspend the lawyer's driving privileges. c) Is professional misconduct that may result in a disciplinary suspension. d) Is professional misconduct that may result in an administrative suspension.

c) Is professional misconduct that may result in a disciplinary suspension.

Which one of the following statements is not true regarding a constructive trust? a) It is an equitable remedy for purpose of preventing unjust enrichment. b) It generally requires a promise to hold property in trust for another. c) It generally requires a wrongful act. d) It generally requires a confidential or fiduciary relationship.

c) It generally requires a wrongful act.

In an action against a municipality to recover damages for the failure of the municipality to provide police protection resulting in injury to the plaintiff, which of the following is NOT required in order to prove that the municipality had a "special relationship" with the plaintiff? a) An assumption by the municipality of an affirmative duty to act on behalf of the plaintiff. b) Knowledge on the part of the municipality's agents that inaction could lead to harm. c) Reckless or intentional conduct on part of the municipality's agents. d) The plaintiff's justifiable reliance on the municipality's affirmative undertaking.

c) Reckless or intentional conduct on part of the municipality's agents.

By paying the attorney registration fee, an attorney is contributing to which one of the following organizations? a) The New York State Bar Association Committee on Professional Ethics. b) The American Bar Association Committee on Professional Ethics. c) The New York Lawyer's Fund for Client Protection. d)The New York State Grievance Committee.

c) The New York Lawyer's Fund for Client Protection.

Unless the court sets a specific date, the expiration of the time period for which a party may file a motion for summary judgment is measured from the date: a)The action was commenced. b)The defendant served an answer to the complaint. c) The note of issue was filed. d)The request for judicial intervention was served

c) The note of issue was filed.

An attorney may NOT reveal a client confidence: a) To another attorney in a confidential communication to gain ethical advice. b) To collect a fee. c) To respond to the client's criticism of the attorney on a website. d) To prevent reasonably certain death.

c) To respond to the client's criticism of the attorney on a website.

When is a public hearing required? a) Always b) Never c) When a statute specifically requires it. d) When a statute exempts it.

c) When a statute specifically requires it.

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: a) Whether the nonresident is domiciled in a jurisdiction located outside of the United States. b) Whether the action has been timely brought under New York law. c) Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute. d) Whether there is a law in New York relevant to the dispute that protects New York residents.

c) Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute.

For what period of time after the events they record is a lawyer required to maintain records of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice of law? a)Five years b)Six years. c)Seven years. d) Ten years.

c)Seven years.

Whether a person has acted under extreme emotional disturbance for which there is a reasonable explanation is determined from the viewpoint of: a) A reasonable person under similar circumstances. b) A person in the defendant's situation, under the same circumstances. c) A person in the defendant's situation, under the circumstances as a reasonable person would believe them to be. d) A person in the defendant's situation, under the circumstances as the defendant believed them to be.

d) A person in the defendant's situation, under the circumstances as the defendant believed them to be.

Which one of the following statements is true regarding whether a particular violation constitutes negligence per se or some evidence of negligence? a) A traffic violation under the Vehicle and Traffic Law is some evidence of negligence. b) A violation of a municipal ordinance prohibiting the use of fireworks is negligence per se. c) A violation of a safety regulation under 241 (6) of the Labor Law is some evidence of negligence. d) A violation of a Department of Health regulation requiring inspections of public swimming pools is some evidence of negligence.

d) A violation of a Department of Health regulation requiring inspections of public swimming pools is some evidence of negligence.

All of the following are ways of appearing in an action, except: a) Serving an answer. b) Serving a notice of appearance. c) Making a motion to dismiss. d) Agreeing to accept service of the complaint by mail.

d) Agreeing to accept service of the complaint by mail.

The minimum due process requirements of the State Administrative Procedures Act, Article 3, include all of the following except: a) A hearing before an impartial decision maker. b) Notice and an opportunity to be heard. c) A determination that is based upon and limited to the record. d) An appeal at the agency level.

d) An appeal at the agency level.

The right to privacy under New York Law: a) Was created under common law. d) Extends to private individuals while alive and deceased. c) Applies to newsworthy events and matters of public interest. d) If violated could give rise to a civil action and can constitute a misdemeanor.

d) If violated could give rise to a civil action and can constitute a misdemeanor.

A periodic tenancy: a) Must be created by a lease. b) May be terminated by the tenant but not the landlord. c) Terminates when the tenant sublets the premises with the landlord's consent. d) Is created if a tenant remains in possession after the lease ends and the landlord accepts rent.

d) Is created if a tenant remains in possession after the lease ends and the landlord accepts rent.

Which of the following is not considered an affirmative defense to a criminal charge: a) Renunciation. b) Duress. c) Entrapment. d) Justification.

d) Justification.

Under the no-fault law, first-party benefits made to reimburse a party for basic economic loss up to $50,000 may include: a) Up to $5,000 for property damage. b) Lost wages, without limitation as to time, up to $2,000 per month. c) Medical expenses, provided they are incurred within one year of the date of the accident. d) Medical expenses, whenever incurred, provided the need for such services is ascertainable within one year of the date of the accident.

d) Medical expenses, whenever incurred, provided the need for such services is ascertainable within one year of the date of the accident.

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 17. May they disaffirm the contract now that they have turned 18? a) Yes, because an infant may disaffirm any contract that the infant entered into prior to reaching the age of 18. b) Yes, because a contract entered into by an infant to borrow money to purchase a home may always be disaffirmed c) No, because there is no right to disaffirm a contract entered into at age 17. d) No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home.

d) No, because a married couple may not disaffirm a contract they entered into as infants to borrow money to purchase a home.

The fourth level of police intrusion under People v. DeBour is the right of a police officer to: a)Stop and request information. b)Stop and interrogate. c) Stop and detain. d) Stop and frisk.

d) Stop and frisk.

The proper venue in an action against a municipality is: a) Any county in New York State. b) Always Albany County, regardless of where the municipality is located. c) Always New York County, regardless of where the municipality is located. d) The county in which the municipality is located.

d) The county in which the municipality is located.

Both the excited utterance and present sense impressions exceptions to the hearsay rule require that: a) The declarant to be unavailable at the time of trial. b) The statement be corroborated. c) The statement be made under the stress of nervous excitement. d) The declarant have personal knowledge of the event.

d) The declarant have personal knowledge of the event.

In a breach of contract action commenced in New York, concerning a contract executed in State X and performed in State Y, if there exists a conflict among the laws of the three states, the New York court should apply the substantive law of: a) New York, because it is the forum state. b) State X, because the contract was executed there. c) State Y, because the contract was performed there. d) The jurisdiction which has the most significant contacts with the transaction and the parties.

d) The jurisdiction which has the most significant contacts with the transaction and the parties.

A lender foreclosed on a mortgage and the total judgment with interest at the time of sale was $500,000. At the foreclosure sale, the property sold for $350,000. Is the lender entitled to seek a deficiency judgment against the borrower if the court determines the market value of the property is $400,000? a) No, because the lender accepted a sale price less than the debt. b) No, because the lender accepted a sale price less than the market value as determined by the court. c) Yes, in the amount of $150,000. d) Yes, in the amount of $100,000.

d) Yes, in the amount of $100,000.