New York Law Course (NYLC) Practice Exam

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• If the tort event did not occur in the domicile of either party, what is the usual governing law?
• Which scenario would generally exclude mandatory arbitration for a fee dispute?
• Evidence of prior uncharged crimes in New York: which is true?
• Probable cause for an informant assessment includes which two factors?
• What is the initial deadline to serve a notice of claim against a municipality after the claim arises?
• In New York, which entity is responsible for announcing readiness for trial to trigger the speedy-trial requirement?
• Who may create a lifetime trust?
• Which of the following may adopt in New York?
• Under the borrowing statute, if the plaintiff was a nonresident of New York when the out-of-state claim arose, which SOL governs?
• Under the exception for testimony from a prior trial of the same subject matter, which is NOT a proper basis for admitting the witness's testimony?
• A court may terminate a trust if which set of conditions are satisfied?
• Which statement about a genetic child included in a class gift is correct?
• Under New York law, every written or oral lease for residential property is deemed to contain a warranty of habitability.
• Officers: who elects them and how can they be removed?
• Which information must a Notice of Appeal contain?
• Which of the following qualifies as a serious injury?
• Operating agreement for LLC: which statement is accurate?
• Beneficiaries of a trust must be definite and ascertainable within the perpetuities period.
• Which acts constitute a family offense?
• Regarding communication with a represented person, which scenario is allowed?
• Which statement about CLE requirements for new lawyers is correct?
• Dead Man's Statute in New York generally prohibits what?
• Spousal testimony and privilege: which is true?
• When is consent not required from a parent who has abandoned a child?
• Under New York's Anti-Lapse Statute, if a disposition is made to a brother, sister or issue and that beneficiary predeceases, where does the disposition go?
• Which scenario triggers withdrawal under the rules?
• Who has standing to seek visitation against the wishes of a fit custodial parent?
• A claim for intentional torts such as assault and defamation; and arbitration award, must be commenced within which period?
• If the principal's wishes regarding artificial nutrition and hydration are not reasonably known, the agent shall not have authority to make decisions regarding these measures. Which statement best reflects this rule?
• Which statement about first-party benefits under No-Fault Insurance Law is true?
• What steps should a lawyer take when a constituent's conduct could injure the organization?
• What is a resulting trust?
• To establish no-fault divorce in New York, what two elements must be proven?
• CSSA add-ons pro rata include which items?
• Which of the following is NOT a per se defamation exception?
• Which is a required mental state for criminal liability?
• In-court identification may be permitted notwithstanding an unduly suggestive pretrial identification if the witness's in-court identification is supported by a source independent of the pretrial identification.
• Which activities can count toward CLE hours for non-traditional formats?
• Which statement best distinguishes criminal solicitation from conspiracy?
• When a defense or counterclaim is interposed, it is not barred if it arose out of the same transaction or occurrence.
• In a civil action seeking money damages, when is the right to a trial by jury waived?
• Which of the following is correct regarding impeachment for truthfulness?
• A constructive trust requires all of the following except
• Which of the following is not a culpable mental state listed for criminal liability?
• New York recognizes common-law marriage how, under the doctrine of comity?
• Regarding arbitration decisions, which statement is true?
• Under the UCCJEA, an Indian child is not subject to the UCCJEA. True or false?
• In LLCs, if the AOO provides for management by managers, what is required for actions by managers?
• What happens to an otherwise residuary disposition that lapses because of a predeceased beneficiary?
• For the admissions exception to apply to an out-of-court statement by an agent against the party, the statement must be within the scope of the agent's authority and the agent was authorized to speak for the party on that subject.
• Within 20 days after service of the answer to the TP complaint, P may amend the complaint without leave of court to assert the TP D any claim P has against such party. This amendment targets which party?
• Outside New York City, either landlord or tenant may terminate a holdover tenancy by notifying the other at least how many days before expiration?
• Which constitutes an element of a prima facie tort?
• Under New York law, which statement about real property contracts is correct?
• In slander per se, which statement is true?
• Which statement best describes the zone-of-danger rule for intentional infliction of emotional distress in New York?
• When both parties share a material mistake of fact at the time of contracting, the contract is
• Which statement describes Juvenile Delinquency?
• Within how many days must the order of attachment and papers upon which it is based be filed after the order is granted?
• Adverse possession: what is the statutory period in New York, and what does it include?
• Hospital records may be admitted under the business records exception if they relate to diagnosis, prognosis, or treatment.
• Restrictive covenants: what is required for enforceability?
• In a civil jury trial, how many jurors must agree to render a verdict?
• What is the effect of depositing funds in a joint bank account with survivorship rights?
• For an irrevocable trust, what formalities are required to the grantor's execution and living beneficiary consent?
• After attempting to resolve a potential conflict within an organization, the attorney may reveal confidential information if a 1.6 exception applies. Which option illustrates such allowed disclosure?
• Under the governmental interest analysis for torts, which jurisdiction's law governs a conduct-regulating tort?
• What happens to securities registered under the Transfer-on-Death Security Registration Act upon death?
• Accident reports must be fully disclosed when prepared in the regular course of business, except when prepared by a police officer for a criminal investigation or prosecution and disclosure would interfere with the investigation. This describes which exception?
• Which of the following is true about pour-over trusts?
• The at-will doctrine means that an employment relationship may be terminated at any time for any reason, and an exception occurs when
• Which statement correctly describes the Supreme Court's jurisdiction?
• Which statement correctly describes the burden of proof for ordinary defenses?
• Which statement describes revocation or amendment of a revocable trust?
• Which is a permissible pleading type in New York civil practice?
• Past consideration is enforceable if
• Can a defendant be convicted solely on the testimony of an accomplice?
• Regarding fees, which statement is correct?
• If a plaintiff dies before expiration of the limitation period, what time does the plaintiff's representative have to sue?
• Mistake of fact can relieve liability when it negates what?
• Which two elements must be shown to establish no-fault divorce in New York?
• When presenting a lost or destroyed will for probate, which elements must be proven?
• What is required for criminal facilitation?
• To have standing in a foreclosure action, what must the mortgagee typically prove?
• What jurisdiction do the NYC Civil and Criminal Courts have?
• Which statement about LLCs is correct?
• Which custodial arrangements are recognized in New York?
• Which document or arrangement must include the right to arbitrate certain fee disputes?
• Who bears the burden of proving due execution in a will contest?
• Joint tenancy can be created despite imperfect unities when a deed includes which arrangement?
• Unilateral mistake is generally not a basis for reformation or rescission unless there is
• All sex offenses involve a sexual act committed without the victim's consent.
• Upon creation of a trust with multiple trustees, who holds legal title to the trust property?
• If the parties were married in New York, what residency requirement applies to establish NY matrimonial res for a divorce action?
• Professional service corporations: which statement is true?
• Which statement about attorney advertising is correct?
• Which factors determine the degree of homicide?
• Which statement accurately describes non-legal services in relation to a law practice?
• Which of the following is a condition for Article 78 review of agency decisions?
• Which statement correctly describes non-probate transfers to retirement benefits in New York law?
• In a conflict of interest transaction, under what condition is the transaction not voidable due to the director's interest?
• If the defendant is charged by felony complaint, which of the following is true in the grand jury setting?
• Which statement is NOT a non-probate transfer?
• What is the standard of proof in administrative agency adjudications under the described framework?
• Evidence of habit or custom may be admitted to establish that a person performed a certain act. The habit must be defined as what?
• Which statement about warrantless arrest is correct?
• Under the borrowing statute, if the plaintiff was a resident of New York when the out-of-state claim arose, which SOL governs?
• Which of the following is defined as separate property in NY law?
• A special proceeding is used to establish a right or enforce an obligation in a civil matter in an expedited fashion. Which statement accurately describes a characteristic of special proceedings?
• If the only surviving relatives are the grandparents and their issue, how is the estate divided under NY intestacy?
• In a conflict between foreign legislation and New York public policy, which prevails?
• A verification is a sworn statement that a pleading is true to the knowledge of the deponent; with minor exceptions, pleadings need not be verified, but if a pleading is verified, each subsequent pleading must be verified, unless the matter is privileged. For subsequent pleadings, what must occur?
• Which statement about professional notices is correct?
• What must be done for gifts beyond $500 in a statutory short-form power of attorney to be valid?
• Partial revocation by physical act: is it allowed?
• Risk of Loss (real property): which scenario entitles the buyer to recover the portion of the price paid?
• Which statement best describes the standard for modifying custody in relocation cases?
• Which statement best describes mediation?
• Under the omitted child statute, an after-born child will receive a share if the testator had no living children at the time of execution. Which statement describes this rule?
• Which party may recover wrongful death damages in New York, and who benefits from those damages?
• When does a testamentary trust become effective?
• How can a prior will be revived after it was revoked by a later will?
• If there is issue but no surviving spouse in NY intestate succession, who inherits the estate?
• If an amended pleading asserts claims that arise from the same conduct, transaction, or occurrence as those in the original pleading and the original pleading gave notice, the amendment is deemed interposed at the time the original pleading was interposed.
• In robbery, which element is necessary?
• Medical, dental or podiatric malpractice from the alleged omission or failure must be commenced within how many years?
• If a covered person sues a non-covered party (like a manufacturer of a defective seatbelt), what can be recovered and what lien applies?
• Felony murder doctrine applies when death occurs during or in immediate flight from the commission of what?
• Which limitation applies to the use of interrogatories in civil actions in New York?
• Concerning accomplice testimony, what is required?
• What is the maximum sanction for a frivolous claim?
• When revoking a will by writing, what formalities are required?
• Impeachment - inconsistent statements in depositions
• Which statement about codicils is correct?
• Under Unauthorized Practice of Law, which statement is true?
• An intended third-party beneficiary arises when
• Hearsay is defined as out-of-court statements offered for the truth of the matters asserted, and may be admitted only if within recognized exceptions.
• Which statement best describes shareholder liability in professional service corporations?
• Judicial notice of adjudicative facts is permitted when the facts are:
• What is the standard of care for a power of attorney agent?
• Which statement about funding a trust in New York is correct?
• How is a former spouse treated for purposes of revocation and distribution after divorce?
• In domestic relations matters, which fee arrangement is generally prohibited?
• Which statement best describes testamentary capacity?
• Which statement best describes recovery for non-economic loss (pain and suffering) in an action between covered persons?
• What is the pro-bono goal for lawyers described in the material?
• Which item is included in Basic Economic Loss?
• Can a court opt out of CSSA or deviate from it, and if so, what is required?
• What is the Court of Appeals' role in the New York appellate system?
• Which of the following describes the abatement order when assets are insufficient to pay all debts and dispositions?
• For how long must a lawyer keep records of deposits, withdrawals, and disbursements related to the practice?
• Arbitration in New York is typically brought by which method?
• Which individuals constitute a 'covered person' under the motor-vehicle tort framework?
• In residential foreclosure, which statement is true about notices?
• Verification is mandatory for which pleadings?
• In medical malpractice resulting in miscarriage or stillbirth, which is true about damages for emotional distress?
• Delivery for a valid inter vivos gift can be which of the following?
• For a lifetime pour-over trust to be effective via a will, which requirements must the trust satisfy?
• Who determines whether a writing is ambiguous under the parole evidence rule
• Discovery from the wrong: the action must be commenced within the longer of which periods?
• Prenuptial and post-nuptial contracts in New York require which of the following?
• Which statement accurately describes a prerequisite for commencing an Article 78 proceeding?
• If a person's name or image is used in reporting of a newsworthy event, privacy rights are not transgressed. Which choice reflects this?
• Which rule applies to a bequest to an attesting witness to a will, in terms of validity?
• Without leave of court, a party may be added one time within how many days after service of the summons?
• Which factor is relevant when determining whether reliance is justified in negligent misrepresentation?
• Under New York law, an appeal to the Court of Appeals may be taken from an appellate division order when there is dissent by at least two justices on a question of law.
• What is the effect of adoption on the birth parents' rights and obligations?
• In criminal proceedings, testimony related to a prior criminal trial, preliminary hearing, or hearing may be admitted if the witness meets certain conditions. Which of the following is NOT one of the listed conditions?
• When the purpose of a trust ceases, what happens?
• Directors are elected by what method?
• A lifetime trust may be revoked or amended by the grantor's will if the will specifically refers to the trust.
• Grandparents have standing to seek visitation when which condition applies?
• A valid inter vivos gift requires which elements?
• What defines the home state for residency purposes under the UCCJEA?
• Under the parol evidence rule, extrinsic evidence is generally not admissible to
• Renunciation defense requires which condition?
• In an LP, which statement is true?
• Deadlock among directors or shareholders can lead to dissolution if hold what percentage?
• If parties are domiciled in different states and the defendant's conduct occurred in the defendant's domicile and that state would not impose liability, what is generally true?
• In a defendant's answer, if a statement is not denied or stated with knowledge or information sufficient to form a belief, what happens?
• Which statement is true regarding conflicts of interest?
• Dram shop liability under New York law requires which of the following elements?
• An irrevocable trust instrument must be executed in writing and acknowledged or proved in the manner required for recording of a conveyance of real property, with consent of all living beneficiaries, executed in like manner.
• Under NY intestate succession, if there is a surviving spouse and no children or issue, who inherits the entire estate?
• A contract made by a minor is generally voidable, with exceptions for
• If the express terms of the instrument prohibit early termination, can a court terminate anyway?
• Which of the following is NOT a basis for seizure of personal property under a warrant?
• In a Totten Trust, who has a vested right to the trust upon death?
• Under Open Meetings Law, which statement about minutes is correct?
• Which statement accurately describes the scope of authority for a lawyer?
• Under the rule against perpetuities, a suspension of the absolute power of alienation is void if it lasts longer than:
• What is the typical time frame for serving and filing an appeal as of right after a judgment or order is entered?
• Which of the following is a ground for setting aside a separation agreement?
• Under the limitation on liability for non-economic loss, how is liability determined for a defendant with 50% or less fault?
• Under GOL, which provision is disfavored or void as against public policy
• Within how many days must the third-party summons and complaint be served on the third-party defendant?
• Under Open Meetings Law, which topics may be discussed in an executive session?
• Security deposits: which statement accurately reflects how security deposits are handled in New York real property practice?
• Entrapment requires what under the defense?
• Under NY intestate law, if there is no surviving spouse or issue, who inherits the estate?
• Dispositions to issue will pass by representation if the instrument was created after September 1992. Prior to this date, how do such dispositions pass?
• In NY matrimonial actions, pleadings must be verified and service by personal delivery; what else is required at service?
• What is the typical remedy in Family Offense Proceedings?
• What happens to tenancy by the entirety upon divorce?
• In New York, in lieu of equitable distribution, a distributive award may be made to achieve equity and may include exclusive use and occupancy of the marital home. True or false?
• Which statement correctly describes double jeopardy protection in New York?
• Extreme emotional disturbance defense applies to which scenario and result?
• Registered LLP: which statement is true?
• If the Appellate Division has spoken on an issue and the Court of Appeals has not spoken on that issue, which holds controlling statewide?
• Which of the following is not a ground for vacating or modifying an arbitration award?
• Under New York choice of law principles, how is a time limit treated when it is substantive in another state but procedural in New York?
• Under the traditional long-arm basis, which scenario would establish personal jurisdiction?
• During a frisk, the officer may perform a protective pat-down search primarily to detect weapons.
• Tenants by the entirety is ownership available only to whom?
• Under what circumstances may the police contemporaneously search the passenger compartment of a vehicle?
• What must an objectant prove to establish undue influence?
• Which of the following is a recognized ground for attachment?
• The physician-patient privilege covers information in medical files and information obtained from observation, and is placed on the same basis as the attorney-client privilege.
• Which grounds may be raised to vacate or modify an arbitration award?
• If two or more defendants are named and the claims are united in interest, commencing suit against one preserves the action against the others.
• After counsel has entered, which statement best reflects the rule about questioning the defendant?
• Which action cannot satisfy the elective share by the decedent?
• Do life insurance beneficiary rights get governed by the transfer of property by will or intestacy?
• Unconscionability requires which combination
• Under NY law, which action constitutes a seizure when it significantly interrupts an individual's liberty of movement?
• What is the jurisdiction of the Court of Claims?
• What are the elements of a municipality's 'special relationship' that can create a duty?
• Article 78 proceedings must be commenced in which court?
• For Indian child custody, which court has exclusive jurisdiction if the child is domiciled within the tribe's reservation?
• To modify spousal maintenance, which requirement must be shown?
• Which tenancy lasts only as long as the landlord agrees to continue it?
• What information must a Certificate of Incorporation include when forming a corporation?
• After an action is commenced and terminated other than on the merits, a plaintiff may commence a new action on the same transaction within how many months?
• What is the statute of limitations for commencing an Article 78 proceeding after final determination?
• Burglary degrees are determined by which factors?
• What is true about the LLC publication requirement and its consequence?
• In administrative proceedings, what is required for a subpoena to be enforceable?
• Which statement is true about attempt?
• To perfect an appeal from a civil judgment in New York, which steps are required?
• What distinguishes robbery from larceny?
• Which statement about solicitation of clients is true?
• Which statement correctly describes the exception to the rule against incorporation by reference for pour-over trusts?
• Registered LLP publishing and status requirements: which statement is true?
• Permissive joinder of claims is permitted if the claims arise from the same transaction or occurrence and have in common any question of law or fact.
• Impleader, or third-party practice, is a procedure whereby a defendant may bring in a non-party liable to the defendant. What is the term for the original party who files the third-party action?
• When representing an organization, what action is appropriate if a constituent's conduct could injure the organization?
• In dependent relative revocation, when is the revocation not effective?
• Which is NOT a condition for warrantless searches under NY law?
• What is required for loans to directors?
• In negligent misrepresentation, when may a party without privity recover, and what factors influence the court’s decision?
• If a specific disposition is damaged or destroyed before the decedent's death and the insurance company pays the executor after the decedent's death, who is entitled to the money?
• How can the elective-share rights be waived in New York law?
• LLC - Professional Relationships and Liabilities: which statement is true?
• The rule against perpetuities does not apply to which type of disposition?
• Under the Statute of Frauds, which agreement must be in writing
• What standard does New York apply to landowner liability for injuries on premises?
• Who has standing to contest probate of a will?
• Which of the following rights is included in the posted client rights statement?
• In wills that dispose of real property, which law governs?
• A Notice of Pendency may be filed in an action in which the judgment demanded would affect the title to real property. True or False?
• In New York, what portion of trust income is exempt from creditors?
• Release given to one tortfeasor among multiple liable reduces the claim against the remaining tortfeasors by the greatest of which amounts?
• Which action would violate the rules on delaying litigation?
• Which factors are considered in a 'center of gravity' or grouping of contacts inquiry to determine which state has the most significant contacts in a contract dispute?
• What elements comprise the net estate for calculating a surviving spouse's elective share in New York law?
• Breach of contract has a statute of limitations of six years.
• Which statement about charitable trusts in New York is true?
• When determining custody, which factor is considered under the best interests standard?
• The remoteness of vesting rule requires that vesting occur not later than:
• A preliminary injunction is not available in which type of action?
• When a defendant dies before suit is filed, how is the time allowed for filing the action adjusted?
• Under CSSA, until what age are parents typically responsible for child support?
• What is required to create a lifetime trust?
• FOIL governs access to which of the following?
• Certification of a business record may substitute for in-court testimony for nonparties, as of 2014, without subpoenas, when the certification is sworn and signed by the custodian.
• When does the authority of a health care proxy commence?
• Under the prudent person standard, officers may rely on information from which sources (select the exception)?
• What happens to trust property when a sole trustee dies?
• Who must sign as witnesses on a health care proxy in New York?
• What is the two-part inquiry for admissibility of uncharged crimes in New York?
• Under the New York recording acts, which statement is correct regarding recording priority?
• Disputes over entitlement to or exclusions from first-party benefits may be resolved by which method?
• Which statement best describes the essential elements of larceny?
• Appreciation in value of separate property during the marriage due to the non-titled spouse's direct or indirect contributions is considered which?
• Which statement best describes the admissibility of expert opinion testimony?
• The degree of larceny varies with what factor?
• According to SAPA rule making, when does a rule become effective?
• Operating agreement liability and amendments: which statement is true?
• A cross-claim is a cause of action by one defendant against another. A cross-claim may be asserted for any cause of action at all, whether or not related to the plaintiff's claim. This statement is:
• Which of the following is a valid ground for a challenge for cause against a juror?
• What are the four-step basic process of Equitable Distribution in New York?
• Which statement best describes spousal maintenance as presented?
• Shareholders holding what percentage may seek judicial dissolution on minority grounds?
• Which statement about fees is included in the client's rights posting?
• Imputed disqualification: When a lawyer leaves a firm, under what condition may the new firm represent a client adverse to the former client's matter?
• After an attorney has appeared on behalf of a client, can the attorney be withdrawn or replaced?
• In a four or more unit residential dwelling, a tenant has the right to sublease, subject to notice provisions and written consent, which may not be unreasonably withheld.
• For modification or discharge of an obligation to be enforceable without new consideration, the modification must be in writing and signed by
• An interested witness remains competent and may testify to the will's validity. If the interested witness is also an intestate distributee, what happens?
• The perpetuities period is calculated from creation and includes which components?
• Which of the following best defines marital property for NY equitable distribution?
• In handling domestic relations matters, which requirement must be satisfied before representation begins?
• Which item is exempt from disclosure in discovery because it is privileged information?
• In a residential dwelling with fewer than four units, may a tenant assign the lease without consent?
• Which statement best describes the requirement for pleading affirmative defenses in New York?
• A party may move for summary judgment after the defendant's answer, and the motion is constrained by a deadline related to the note of issue. When may this motion be brought and what is the related deadline?
• Spousal immunity and marital communications privilege include which exceptions?
• Which of the following is true about an arbitrator in a New York arbitration?
• Under NY corporate law, adoption, amendment, or repeal of by-laws requires which vote?
• Which is a proper ground for relief from a judgment or order?
• Which right is included in the posted Statement of Client's Rights?
• Which factor reduces the likelihood of an award of joint custody?
• An admission is a party's statement that constitutes evidence against the party; admissions by a party are always competent evidence against the party.
• PROMPT, in the context of notifying receipt of funds, means what?
• What presumption applies when a lost or destroyed will cannot be found after death?
• What is the general rule regarding construction workers and safety devices, and what is the exception?
• If a defendant against whom a cause of action accrues is absent from the state, the statute of limitations is tolled until the defendant returns. If the defendant leaves the state after accrual and remains absent for more than four months, that absence is not counted toward the limitations period. Which statement about tolling when the defendant is absent is correct?
• Which element must be included in an application for a warrant?
• What is the presumption regarding who may be vicariously liable for injuries caused by a driver using a vehicle with permission of the owner?
• For cy pres reform of a charitable trust, which condition must be met?
• How can a claim for contribution be brought in New York?
• If legal title or possession has been transferred, who bears the risk of loss?
• Under the Statute of Frauds, electronic signatures have the same effect as written signatures
• Which of the following is a ground for modifying a child support order?
• What is the general voting rule for corporate actions by shareholders?
• What are the essential elements of conspiracy?
• Which statement accurately describes the formalities for creating a lifetime trust?
• Which statement correctly describes permissible witness compensation?
• Which statement is true about a landowner’s duty to maintain premises for recreational activities such as hunting or hiking?
• In New York, how is the amount of contribution among tortfeasors calculated?
• Every written residential lease must be written in a clear and coherent manner, using words with common and everyday meanings, and must be appropriately divided and captioned in its sections.
• Where must funds belonging to a client be kept in relation to a lawyer’s practice?
• Which items are required to be included in an engagement letter?
• Which dispositions are revoked upon divorce, annulment, voided marriage, or dissolution on grounds of absence?
• Which action is required to revoke a revocable trust when there is more than one trustee?
• In New York, is every counterclaim permissive and may be unrelated to the plaintiff's claim?
• Who may recover wrongful death damages under New York law?
• In the alibi defense, who bears the burden of disproving the alibi beyond a reasonable doubt?
• Wrongful death actions must be commenced within how many years after death?
• How can a Totten Trust be revoked or modified?
• The elective share must be exercised within two years of death, with possible extension for good cause. Which option reflects this rule?
• To satisfy part or all of a disposition by a lifetime gift to the beneficiary, which requirements must be met?
• If a defendant serves a motion to dismiss before a responsive pleading, the time to respond is extended until ten days after service of the notice of entry of the order determining such motion. This extension refers to which of the following?
• Regarding LLC formation, which is true?
• Under venue law, may a court decline to entertain an action on the basis of forum inconvenience, even if it has jurisdiction?
• Under CPLR 1001, a necessary party is a person who ought to be joined if complete relief can be accorded or who might be inequitably affected by a judgment.
• Who is authorized to sign on a client trust account?
• If property is titled to two or more persons without specification of ownership form, what is the default form of ownership?
• Public entities are immune from negligence claims arising from governmental functions unless what condition is met?
• In establishing paternity, what result do DNA tests showing 95% or more certainty have?
• When does the right to counsel attach in NY criminal procedure?
• Which action is required when compromising an infant claim?
• Which of the following injuries qualifies as a grave injury for purposes of the workers’ compensation limitation on contribution, based on the definitions provided?
• Under communications with the client, which statement is correct?
• What describes criminal solicitation?
• Under professional conduct rules, when may a lawyer engage in sexual relations with a client?
• Which scenario would exclude a person from first-party benefits?
• A protective pat-down search for weapons may include frisking outer garments when there is reasonable suspicion that the person is about to commit or has committed a crime.
• Which statement about the condition of real property is true in the context of caveat emptor and exceptions?
• For established lawyers, what is the minimum CLE requirement every two years?
• An engagement letter must be provided to a client before representation or within a reasonable time if impracticable to do so at the outset. Which of the following is true about what the letter must set forth?
• A warrant may direct an officer to search a dwelling for the purpose of arresting a person who is the subject of an arrest or bench warrant, even if the dwelling belongs to a third party not subject to the warrant.
• Partnership formation and liability: which statement is true?
• What must a dissenting shareholder do after filing a notice of election to dissent?
• If a revocable trust is not sole trustee, revocation requires notice to:
• In New York, which statement about spendthrift protections is true?
• Judicial Notice sources include which of the following?
• Under New York intestate succession, if the decedent is survived by a spouse and issue, how is the estate distributed?
• During the grantor's lifetime, a trust may be terminated with whose consent?
• Which of the following is an exception to enforcing a no-contest clause?
• In grand jury proceedings, which statement is true regarding counsel and defense participation?
• Which is NOT an exception to confidentiality?
• Which grounds may a court rely on to change venue?
• What best describes omission in culpable mental states?
• Under New York law, a lifetime trust is irrevocable unless the instrument expressly provides that it is revocable.
• Which of the following is an exception to the limitation on liability for non-economic loss?
• Courts may modify a custody arrangement if:
• Which statement best states the elements of criminally negligent homicide?
• What constitutes probable cause for arrest under NY law?
• On appeal, the Court of Appeals is limited to reviewing which type of questions?
• Are class gifts to issue subject to the anti-lapse statute?
• In New York, under what circumstances are oral or holographic wills permitted?
• Under the business records exception, a document must be made in the regular course of business, at the time of the act or within a reasonable time thereafter, and the maker must have actual knowledge or have received information from someone with actual knowledge.
• Which scenario is a valid exception to confidentiality?
• Intoxication may negate which element when relevant?
• Notice of claim for negligence or wrongful act against a municipality must be served within how many days after the claim arises?
• In deciding whether to extend the time to serve a notice of claim against a municipality, which factors may the court consider?
• What must a lawyer do if they are not competent to handle a matter?
• Which of the following constitutes a valid revocation by physical act?
• The ten-year adverse possession period includes which of the following?
• Which statement about adopted children and class gifts is true?
• In grand jury proceedings, who puts on evidence to determine whether a crime was committed?
• Which situation qualifies as an exception to non-economic loss limitation due to grave injury?
• If the landlord accepts rent after expiration, what tenancy is created?
• Attorney-client privilege includes which of the following?
• Under imputed disqualification, when may a new firm represent a client adverse to the former client's matter?
• Under justification, when may a person use force?
• LLC Articles of Organization content: which item must be included?
• If a tenant abandons leased property, the landlord has no duty to mitigate damages by re-letting.
• To revive an earlier will after a later will revoked it, which methods are valid?
• Consent for adoption is required from which of the following groups?
• What are the requirements for a valid renunciation (disclaimer) of a gift in a decedent's estate?
• The present sense impression exception requires that the statement describes or explains an event while perceiving it or immediately after, and the content is corroborated by independent proof; time lag is marginal.
• Which statement accurately describes a bill of particulars in NY civil practice?
• When may a director be removed from office?
• Which trusts are exempt from the sufficiency funding requirement?
• Under Misconduct and Discipline, which action is prohibited?
• What type of immunity is granted to grand jury witnesses, and what does it protect?
• A third-party beneficiary is considered intended when
• Impeachment - prior trial testimony: when may prior trial testimony be used to impeach a witness in a subsequent civil action?
• Which is true about County Court's jurisdiction outside NYC?
• Which statement correctly describes jurisdiction of District, City, Town, and Village courts?
• Amended pleadings may be made once without leave of court within how many days after service?
• In New York, surrogate parenting contracts are:
• Under the identity theory of ademption, a testator leaves a specific bequest of a particular item of property that is no longer part of the estate at death. What result?
• How do life insurance proceeds pass, and what kind of designation is required?
• Regarding Real Property Mortgages, which statement is true?
• If a charitable trust lacks a trustee, what happens to the trust property?
• When may a will be denied probate due to a mistake?
• Which statement best describes the use of evidence of a defendant's complicity in similar offenses?
• How are birth-parents' rights post-adoption treated in New York?
• Which of the following is a factor for determining whether relocation is appropriate?
• Voluntariness of a statement resolved at a pre-trial hearing: if not suppressed, may the issue be relitigated at trial?
• Which statement about PINS is accurate?
• Negligence Per Se: which statement is true?
• A landlord's remedy for tenant breach is to commence a special proceeding to recover possession.
• How long after conveyance to a trust by creditors does the trust terminate?
• For a holdover tenancy in New York City, how many days' notice must the landlord provide before expiration to terminate?
• Under New York law, which statement about character evidence is correct?
• The physician-patient privilege covers information obtained from observation of the patient, unless the information would be obvious to laymen.
• Comparative negligence/assumption: which statement is true?
• Which event terminates a power of attorney, including when the authority ceases to exist?
• If the parties share a common domicile, which rule applies in loss-allocation cases?
• Child under nine and sworn testimony: which statement is correct?
• Appellate Divisions are what?
• Appraisal rights are available to dissenting shareholders in which situations?
• Visitation rights are typically granted to non-custodial parents and may include standing for which others?
• When devised property changes form through conveyance, settlement, or other act by which an estate in property previously disposed of by will is altered but not wholly divested, what happens to the disposition?
• What is the required frequency and fee for attorney registration?
• Under negligent supervision/entrustment, which is correct?
• Which situation describes a frivolous claim or contentions?
• If there are no spouse, issue, or parent, who inherits under NY intestate law?
• In civil proceedings, the prior testimony of a witness from a trial involving the same parties and subject matter may be used to contradict or impeach that witness when the witness testifies in the subsequent civil action. Which statement best reflects this rule?
• In a New York civil action, where is venue proper when the plaintiff resides in Nassau County and the defendant is a corporation with its principal office in Suffolk County?
• In conspiracy, what is the essential relationship between the agreement and the crime?
• When is it permissible to solicit a wrongful death or personal injury case?
• Under NY law, a child conceived after a parent's death may be a distributee if which of the following conditions are met?
• Under the right of privacy, which use does not transgress the right?
• Under the truthfulness rule, which action constitutes misrepresentation?
• Which of the following constitutes an appearance by the defendant?
• When splitting fees with another lawyer, what is required?
• Regarding mortgage foreclosures, once a lender elects to foreclose, the lender generally may not sue on the note after foreclosure except under certain circumstances. Is this statement true?
• Which is true about PLLCs?
• The rule against perpetuities applies to which property types in New York?
• A lease for a period longer than one year is void unless in writing and subscribed by which party?
• Permanent neglect in CPP termination of parental rights results in what?
• For first-party benefits to apply, which condition must be met?
• Equitable estoppel in paternity will not be ordered if the court finds what?