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 โ free, no sign-up.
200 questions
360 min time limit
66.00% to pass
- The exclusionary rule generally does not apply to which of the following proceedings? โ Both B and C
- What is the standard of proof required in civil cases in New York? โ Preponderance of the evidence
- The implied warranty of merchantability under UCC ยง2-314 requires that goods be: โ Fit for the ordinary purposes for which such goods are used
- The tort of private nuisance protects a plaintiff's right to: โ Quiet use and enjoyment of land
- A contract between A and B confers a benefit on C, a third-party beneficiary. C's rights vest when: โ C manifests assent, brings suit, or materially changes position in reliance on the promise
- Under FRE 412 (the rape shield rule), evidence of a sexual assault victim's prior sexual behavior is generally inadmissible to prove: โ The victim's consent or the defendant's belief in consent
- Which court has general jurisdiction over civil matters in New York State? โ New York Supreme Court
- What is required for a divorce to be granted under New York's no-fault divorce law? โ Proof that the marriage has been irretrievably broken for at least six months
- A witness testifies that the defendant appeared nervous. This is best characterized as: โ Admissible lay opinion testimony based on personal observation
- Which of the following is NOT typically included in a case brief? โ The caseโs editorial comments
- A defendant is liable for battery when they intentionally cause: โ Harmful or offensive contact with the plaintiff's person
- Under the First Amendment, which standard of review applies to a content-neutral law that incidentally restricts speech? โ Intermediate scrutiny
- In New York, a landlord's failure to maintain a residential premises in a habitable condition gives a tenant which of the following remedies? โ Rent abatement or withholding pursuant to RPL ยง 235-b, with proper notice and procedure
- 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)? โ To argue that the complaint does not allege facts that constitute a legal claim
- Which doctrine prevents federal courts from adjudicating cases where the plaintiff lacks a personal stake in the outcome? โ Standing
- Under common law, an offer is effectively revoked when: โ The offeree learns of the revocation through any reliable source
- In legal research, what is the significance of Shepardizing a case? โ To check the subsequent history and treatment of a case
- Under the best evidence rule (FRE 1002), to prove the content of a writing, recording, or photograph, a party must generally produce: โ The original
- How many parts are there in the New York Bar Exam? โ Two
- A defendant is charged with larceny in New York. Grand larceny in the first degree requires that the value of the property stolen exceeds: โ $1,000,000
- 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? โ An enumerated dangerous felony
- In a negligence action, proximate cause (legal cause) addresses which question? โ Is it fair to hold the defendant liable for the plaintiff's injury?
- To establish a prima facie case for negligence, a plaintiff must prove all of the following EXCEPT: โ Intentional conduct by the defendant
- The parol evidence rule bars admission of prior or contemporaneous oral agreements that: โ Add terms to a fully integrated written contract
- Under New York law, joint and several liability means that when multiple defendants are liable: โ Each defendant may be required to pay the entire judgment
- How is the New York Bar Exam formatted? โ Mixed format of essays and multiple-choice questions
- Under New York law, an easement by prescription is established when a party uses another's land in a manner that is: โ Open, notorious, hostile, and continuous for 10 years
- In a contract for the sale of goods, which of the following is an express warranty under the UCC? โ A sample or model that becomes part of the basis of the bargain
- Under New York law, which mental state distinguishes second-degree murder from first-degree manslaughter? โ Intent to kill versus recklessness causing death
- Under the Establishment Clause, a government action is most likely constitutional if it: โ Has a secular purpose and neither advances nor inhibits religion
Turn these facts into recall: