NY BAR Cheat Sheet 2026

The 30 highest-yield NY BAR facts, distilled from real exam questions. Print it, save it as a PDF, or study it here — free, no sign-up.

1. The exclusionary rule generally does not apply to which of the following proceedings? → Both B and C
2. What is the standard of proof required in civil cases in New York? → Preponderance of the evidence
3. The implied warranty of merchantability under UCC §2-314 requires that goods be: → Fit for the ordinary purposes for which such goods are used
4. The tort of private nuisance protects a plaintiff's right to: → Quiet use and enjoyment of land
5. A contract between A and B confers a benefit on C, a third-party beneficiary. C's rights vest when: → C manifests assent, brings suit, or materially changes position in reliance on the promise
6. Under FRE 412 (the rape shield rule), evidence of a sexual assault victim's prior sexual behavior is generally inadmissible to prove: → The victim's consent or the defendant's belief in consent
7. Which court has general jurisdiction over civil matters in New York State? → New York Supreme Court
8. What is required for a divorce to be granted under New York's no-fault divorce law? → Proof that the marriage has been irretrievably broken for at least six months
9. A witness testifies that the defendant appeared nervous. This is best characterized as: → Admissible lay opinion testimony based on personal observation
10. Which of the following is NOT typically included in a case brief? → The case’s editorial comments
11. A defendant is liable for battery when they intentionally cause: → Harmful or offensive contact with the plaintiff's person
12. Under the First Amendment, which standard of review applies to a content-neutral law that incidentally restricts speech? → Intermediate scrutiny
13. In New York, a landlord's failure to maintain a residential premises in a habitable condition gives a tenant which of the following remedies? → Rent abatement or withholding pursuant to RPL § 235-b, with proper notice and procedure
14. What is the purpose of a motion to dismiss for failure to state a cause of action under New York Civil Practice Law and Rules (CPLR) 3211(a)(7)? → To argue that the complaint does not allege facts that constitute a legal claim
15. Which doctrine prevents federal courts from adjudicating cases where the plaintiff lacks a personal stake in the outcome? → Standing
16. Under common law, an offer is effectively revoked when: → The offeree learns of the revocation through any reliable source
17. In legal research, what is the significance of Shepardizing a case? → To check the subsequent history and treatment of a case
18. Under the best evidence rule (FRE 1002), to prove the content of a writing, recording, or photograph, a party must generally produce: → The original
19. How many parts are there in the New York Bar Exam? → Two
20. A defendant is charged with larceny in New York. Grand larceny in the first degree requires that the value of the property stolen exceeds: → $1,000,000
21. In New York, the felony murder rule holds a defendant liable for murder if a co-felon kills during the commission of which type of crime? → An enumerated dangerous felony
22. In a negligence action, proximate cause (legal cause) addresses which question? → Is it fair to hold the defendant liable for the plaintiff's injury?
23. To establish a prima facie case for negligence, a plaintiff must prove all of the following EXCEPT: → Intentional conduct by the defendant
24. The parol evidence rule bars admission of prior or contemporaneous oral agreements that: → Add terms to a fully integrated written contract
25. Under New York law, joint and several liability means that when multiple defendants are liable: → Each defendant may be required to pay the entire judgment
26. How is the New York Bar Exam formatted? → Mixed format of essays and multiple-choice questions
27. Under New York law, an easement by prescription is established when a party uses another's land in a manner that is: → Open, notorious, hostile, and continuous for 10 years
28. In a contract for the sale of goods, which of the following is an express warranty under the UCC? → A sample or model that becomes part of the basis of the bargain
29. Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter? → Intent to kill versus recklessness causing death
30. Under the Establishment Clause, a government action is most likely constitutional if it: → Has a secular purpose and neither advances nor inhibits religion