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
  1. The exclusionary rule generally does not apply to which of the following proceedings? โ†’ Both B and C
  2. What is the standard of proof required in civil cases in New York? โ†’ Preponderance of the evidence
  3. 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
  4. The tort of private nuisance protects a plaintiff's right to: โ†’ 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: โ†’ 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: โ†’ The victim's consent or the defendant's belief in consent
  7. Which court has general jurisdiction over civil matters in New York State? โ†’ New York Supreme Court
  8. 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
  9. A witness testifies that the defendant appeared nervous. This is best characterized as: โ†’ Admissible lay opinion testimony based on personal observation
  10. Which of the following is NOT typically included in a case brief? โ†’ The caseโ€™s editorial comments
  11. A defendant is liable for battery when they intentionally cause: โ†’ 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? โ†’ 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? โ†’ Rent abatement or withholding pursuant to RPL ยง 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)? โ†’ 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? โ†’ Standing
  16. Under common law, an offer is effectively revoked when: โ†’ The offeree learns of the revocation through any reliable source
  17. In legal research, what is the significance of Shepardizing a case? โ†’ 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: โ†’ The original
  19. How many parts are there in the New York Bar Exam? โ†’ 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: โ†’ $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? โ†’ An enumerated dangerous felony
  22. 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?
  23. To establish a prima facie case for negligence, a plaintiff must prove all of the following EXCEPT: โ†’ Intentional conduct by the defendant
  24. The parol evidence rule bars admission of prior or contemporaneous oral agreements that: โ†’ Add terms to a fully integrated written contract
  25. 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
  26. How is the New York Bar Exam formatted? โ†’ 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: โ†’ 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? โ†’ 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? โ†’ Intent to kill versus recklessness causing death
  30. Under the Establishment Clause, a government action is most likely constitutional if it: โ†’ Has a secular purpose and neither advances nor inhibits religion