Mixed Deck — All NY BAR Topics Flashcards

Under common law contract doctrine, which of the following is NOT a valid method of contract acceptance?

Answer: Rejecting the offer and then later accepting the same terms

A rejection terminates the power of acceptance; once rejected, the offeree cannot revive the original offer by later purporting to accept it—the original offer is dead.

Which court has general jurisdiction over civil matters in New York State?

Answer: New York Supreme Court

In New York State, the New York Supreme Court is the trial court of general jurisdiction. This means it has the authority to hear a wide range of civil cases, including those involving significant monetary disputes, matrimonial actions, and equity cases, unlike courts with limited jurisdiction.

O conveys Greenacre 'to A so long as the land is used for agricultural purposes.' What type of future interest does O retain?

Answer: Possibility of reverter

A grant 'to A so long as...' creates a fee simple determinable in A, and the grantor retains a possibility of reverter that vests automatically upon the occurrence of the stated condition.

Under Terry v. Ohio, a police officer may stop and briefly detain a person based on:

Answer: Reasonable articulable suspicion of criminal activity

Terry stops are justified by reasonable articulable suspicion—specific, objective facts that criminal activity may be afoot, which is a lower standard than probable cause.

The Takings Clause of the Fifth Amendment, applied to the states through the Fourteenth Amendment, requires just compensation when:

Answer: The government physically invades or effectively destroys all economic value of property

A taking requiring just compensation occurs when the government physically invades property or a regulation denies the owner all economically beneficial use.

A contract for the sale of real property in New York is signed, but before closing, the property is destroyed by fire. Under the traditional New York rule and the doctrine of equitable conversion, who bears the risk of loss?

Answer: The buyer, because equitable conversion treats the buyer as the equitable owner from the moment of contract

New York traditionally follows the doctrine of equitable conversion, under which the buyer bears the risk of loss after the contract is signed because equity treats the buyer as the owner of the land.

What is the standard of proof required in civil cases in New York?

Answer: Preponderance of the evidence

In civil cases in New York, the standard of proof required is the preponderance of the evidence. This means that the party with the burden of proof must demonstrate that their version of the facts is more likely true than not, or that there is a greater than 50% chance that their claims are accurate.

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Answer: Negligence or culpable conduct

FRE 407 bars evidence of subsequent remedial measures when offered to prove negligence, culpable conduct, a defect in product or design, or a need for warning, but permits it for other purposes like proving feasibility of precautions.

What is the role of a preliminary conference in New York civil litigation?

Answer: To facilitate discovery and set a timetable for the case

A preliminary conference in New York civil litigation serves to manage the case efficiently. Its primary role is to facilitate discovery, set a timetable for various stages of the litigation (such as depositions, expert disclosures, and motion practice), and identify any issues that can be resolved early, thereby streamlining the path to trial or settlement.

A New York homeowner wants to install a fence that will encroach two feet onto the neighbor's property. The neighbor orally agrees. Years later, the neighbor's successor in title demands removal of the fence. Which defense is MOST likely to succeed for the homeowner?

Answer: Both B and C, depending on which elements are proven

Both easement by estoppel (based on detrimental reliance on the license) and adverse possession (10-year open, notorious, hostile, continuous possession) are viable defenses if their respective elements are established.

A plaintiff brings a false imprisonment claim. Which element must the plaintiff prove?

Answer: Awareness of the confinement at the time it occurred

False imprisonment requires that the plaintiff was actually aware of the confinement at the time it occurred; a person imprisoned while unconscious generally cannot maintain a claim unless harmed.

Under the Federal Rules of Evidence, relevant evidence is defined as evidence that:

Answer: Has any tendency to make a fact of consequence more or less probable

Under FRE 401, relevance requires only that evidence have any tendency (even a small tendency) to make a consequential fact more or less probable than it would be without the evidence.

The tort of private nuisance protects a plaintiff's right to:

Answer: Quiet use and enjoyment of land

Private nuisance is an unreasonable, substantial interference with a plaintiff's use and enjoyment of their land, protecting property interests rather than personal safety.

The work product doctrine protects from discovery materials prepared in anticipation of litigation. Which of the following is the correct standard for overcoming ordinary work product protection?

Answer: A showing of substantial need and inability to obtain the equivalent without undue hardship

Ordinary work product can be discovered upon a showing of substantial need for the materials and inability to obtain the substantial equivalent by other means without undue hardship.

Congress delegates to an executive agency broad authority to regulate 'in the public interest.' Under the non-delegation doctrine, this grant of authority is most likely:

Answer: Constitutional if the agency acts consistently with the public interest

Modern non-delegation doctrine is lenient; broad delegations like 'public interest' have been upheld because courts find an intelligible principle even in vague standards.

A mortgage on real property is executed and delivered in New York but not immediately recorded. A subsequent judgment creditor dockets a judgment against the mortgagor. Under New York law, who has priority?

Answer: The judgment creditor, if the judgment was docketed before the mortgage was recorded and the creditor had no actual notice of the mortgage

Under New York's race-notice recording statute, a judgment creditor who dockets before the mortgage is recorded, without notice of the prior mortgage, takes priority.

Under the UCC's battle of the forms provision (§2-207), a definite and seasonable acceptance that adds new terms creates a contract, and the new terms:

Answer: Become part of the contract unless the offer expressly limits acceptance to its terms

Under UCC §2-207, additional terms in an acceptance become part of the contract between merchants unless the offer expressly limits acceptance to its own terms, the terms materially alter the offer, or the offeror objects within a reasonable time.

The parol evidence rule bars admission of prior or contemporaneous oral agreements that:

Answer: Add terms to a fully integrated written contract

The parol evidence rule bars extrinsic evidence that would add to or contradict the terms of a fully integrated written contract, though exceptions exist for explaining ambiguity or showing fraud.

How is the New York Bar Exam formatted?

Answer: Mixed format of essays and multiple-choice questions

The New York Bar Exam is formatted as a mixed examination. It includes both multiple-choice questions, specifically the Multistate Bar Examination (MBE), and written components, which consist of essays (Multistate Essay Examination - MEE) and performance tests (Multistate Performance Test - MPT).

The tort of intentional infliction of emotional distress requires that the defendant's conduct be:

Answer: Extreme and outrageous, intentionally or recklessly causing severe emotional distress

IIED requires conduct so outrageous it exceeds all bounds of decency tolerated by society, done intentionally or recklessly, that causes severe emotional distress.