NYLE — New York Law Exam — Questions and Answers

Question 1: Which of the following situations describes a non-consentable conflict of interest under New York's Rules of Professional Conduct?

A lawyer seeking to represent a client in a transaction where the lawyer's former client is the adverse party.
A lawyer representing two co-defendants in a civil case who have differing ideas on litigation strategy.
A lawyer whose personal financial interests might be adversely affected by the outcome of a client's case.
A lawyer representing one client in the assertion of a claim against another client who is represented by the same lawyer in the same litigation. (Correct answer)

Correct answer: A lawyer representing one client in the assertion of a claim against another client who is represented by the same lawyer in the same litigation.

New York Rule of Professional Conduct 1.7(b)(3) explicitly states that a conflict is non-consentable if the representation involves the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal. While the other scenarios present potential conflicts of interest, they may be consentable if the lawyer reasonably believes they can provide competent and diligent representation to each affected client and each client gives informed consent, confirmed in writing.

Question 2: A shopper at a large retail store in Queens slips and falls on a wet spot on the floor that was recently mopped by an employee who failed to put up a warning sign. In a lawsuit against the store, what standard of care will the court apply to the store's conduct?

A single standard of reasonable care under the circumstances. (Correct answer)
A duty to make the premises absolutely safe from all potential hazards.
A duty to refrain from wanton or willful misconduct toward the shopper.
A duty to warn the shopper only of known, hidden dangers that are not obvious.

Correct answer: A single standard of reasonable care under the circumstances.

In Basso v. Miller, the Court of Appeals abolished the common-law distinction between invitees and licensees. New York applies a single standard to lawful entrants: a landowner must act as a reasonable person in maintaining the property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding the risk. (Trespassers are still owed only a duty to refrain from willful or wanton harm.)

Question 3: An attorney is appointed to represent an indigent defendant and believes the appeal is frivolous. Under the standard established in Anders v. California and followed in New York, what should the attorney do?

File an Anders brief identifying anything in the record that might support the appeal, ask to withdraw, and give the client a copy (Correct answer)
Simply refuse to file the appeal and notify the client
File the best brief possible even if personally convinced it is meritless
Withdraw immediately by sending a letter to the court only

Correct answer: File an Anders brief identifying anything in the record that might support the appeal, ask to withdraw, and give the client a copy

Under Anders, appointed appellate counsel must file a brief identifying anything in the record that might support an appeal, request leave to withdraw, and furnish the defendant a copy so the defendant may raise any points.

Question 4: Under New York law, what is required for a valid deed to transfer real property?

A court order approving the transfer
A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance (Correct answer)
A writing signed by both grantor and grantee
Only a verbal agreement between buyer and seller

Correct answer: A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance

A valid deed requires a writing signed by the grantor, a legal description of the property, identification of the grantee, and words of conveyance (granting clause).

Question 5: Under New York law, which of the following is a proper basis for excluding relevant evidence?

The evidence is cumulative and its probative value is substantially outweighed by the risk of prejudice (Correct answer)
The evidence was obtained legally by law enforcement
The evidence is direct rather than circumstantial
The evidence tends to prove a fact in controversy

Correct answer: The evidence is cumulative and its probative value is substantially outweighed by the risk of prejudice

Relevant evidence may be excluded when its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury.

Question 6: Under CPLR 4518, a business record is admissible as an exception to the hearsay rule if it was made in the regular course of business and it was the regular course of business to make it. Who must lay this foundation?

A custodian or other qualified witness (Correct answer)
The author of the record
Any witness with personal knowledge
The party who produced the record in discovery

Correct answer: A custodian or other qualified witness

A custodian or other qualified witness familiar with the record-keeping practices can authenticate a business record under CPLR 4518.

Question 7: Under DRL § 236(B)(1)(d), which of the following constitutes separate property not subject to equitable distribution in a New York divorce?

A cash gift received by one spouse from a third party during the marriage (Correct answer)
The appreciation in a marital asset attributable to one spouse's active efforts
Wages earned by one spouse during the marriage
A cooperative apartment purchased with both spouses' salaries during the marriage

Correct answer: A cash gift received by one spouse from a third party during the marriage

DRL § 236(B)(1)(d) defines separate property to include gifts from third parties received by one spouse during the marriage. Marital wages, property acquired with marital funds, and increases in value attributable to spousal effort are marital property subject to equitable distribution.

Question 8: Alice offers to sell her car for $10,000. Bob replies, 'I'll take it, but only if you include new tires.' Under common law, Bob has:

Created a bilateral contract
Made a counteroffer, rejecting Alice's offer (Correct answer)
Exercised the mirror-image rule in his favor
Accepted with a condition precedent

Correct answer: Made a counteroffer, rejecting Alice's offer

Under the common law mirror-image rule, adding new terms constitutes a counteroffer that terminates the original offer.

Question 9: Under New York CPL § 30.30, what is the maximum period within which the People must be ready for trial on a felony charge before a defendant may move to dismiss on speedy-trial grounds?

6 months from the date of indictment only
90 days from the commencement of the criminal action
Six calendar months from the commencement of the criminal action (Correct answer)
1 year from the commencement of the criminal action

Correct answer: Six calendar months from the commencement of the criminal action

CPL § 30.30(1)(a) requires the People to be ready for trial within six calendar months of the commencement of a felony action (not a fixed 180 days). Excludable periods under § 30.30(4) are subtracted, and if the People exceed the period the defendant may move to dismiss under CPL 210.20(1)(g).

Question 10: A New York attorney settles a class action and receives a fee that is contingent on the outcome. Under the NY Rules, what is required regarding the fee?

The contingency must be disclosed only to the named plaintiffs
Court approval of the fee is sufficient; no separate client consent is needed
Contingency fees in class actions are categorically prohibited
The fee must be reasonable and approved by the court (Correct answer)

Correct answer: The fee must be reasonable and approved by the court

Attorneys' fees in a class action must be reasonable (RPC 1.5(a)), and under CPLR 909 the court awards fees from the recovery; the contingent arrangement itself must be in a writing under RPC 1.5(c). Court approval protects absent class members.

Question 11: Under New York law, what is the statute of limitations for a personal injury action based on negligence?

6 years
2 years
1 year
3 years (Correct answer)

Correct answer: 3 years

CPLR § 214(5) provides a three-year statute of limitations for personal injury actions.

Question 12: Under New York law, what duty does a party have after the other party breaches the contract?

A duty to immediately file suit or waive the claim
No duty whatsoever; the breaching party bears all losses
A duty to continue performing the contract as if no breach occurred
A duty to take reasonable steps to mitigate damages (Correct answer)

Correct answer: A duty to take reasonable steps to mitigate damages

The non-breaching party has a duty to mitigate damages by taking reasonable steps to minimize the loss caused by the breach.

Question 13: Under CPLR 4504, what is the scope of the physician-patient privilege in New York?

It only applies to communications in a hospital setting
It protects confidential information acquired by a physician while attending a patient in a professional capacity and necessary for treatment (Correct answer)
It protects all information a doctor has about any person
It applies only to surgical procedures, not general consultations

Correct answer: It protects confidential information acquired by a physician while attending a patient in a professional capacity and necessary for treatment

CPLR 4504(a) provides that a physician shall not disclose information acquired in attending a patient in a professional capacity that was necessary to enable the physician to act in that capacity.

Question 14: Under New York's CPL, what rights does a defendant have at arraignment?

The right to counsel, to be informed of the charges, and to have bail set or be released on recognizance (Correct answer)
The right to confront witnesses and cross-examine them
Only the right to enter a plea of guilty
The right to a jury trial at that proceeding

Correct answer: The right to counsel, to be informed of the charges, and to have bail set or be released on recognizance

At arraignment under the CPL, a defendant has the right to be informed of the charges, to have counsel (assigned if indigent), and to have bail or release conditions determined.

Question 15: Which of the following best describes the concept of 'efficient breach'?

A deliberate breach because the breaching party will profit even after paying damages (Correct answer)
A court-ordered breach to prevent economic waste
A breach where both parties mutually agree to terminate
A breach excused by force majeure

Correct answer: A deliberate breach because the breaching party will profit even after paying damages

Efficient breach theory holds that a party may rationally breach if their gain exceeds the cost of damages owed to the non-breaching party.

Question 16: Which statement correctly contrasts how EPTL 3-5.1 treats foreign conflict-of-laws rules for the disposition of real property versus the formal validity of a will?

Neither provision ever refers to a state's conflict-of-laws rules
Both provisions refer to the whole law, including conflict-of-laws rules
For dispositions of real property, 'law' of the situs includes its conflict-of-laws rules; for formal validity, only the 'local law' of the listed places applies (Correct answer)
For formal validity the law includes conflict-of-laws rules, but not for real property

Correct answer: For dispositions of real property, 'law' of the situs includes its conflict-of-laws rules; for formal validity, only the 'local law' of the listed places applies

EPTL 3-5.1(b)(1) refers to the 'law' of the situs, which includes its conflict-of-laws rules (renvoi may apply), while 3-5.1(c) refers to 'local law,' which excludes conflict-of-laws rules.

Question 17: Two attorneys form a New York LLP. One partner commits malpractice. Under New York's LLP statutes, what is the other, non-negligent partner's personal liability?

Liable only up to the amount of that partner's capital contribution.
Not personally liable for the malpractice claim but remains liable for ordinary contract debts of the partnership. (Correct answer)
Not personally liable for any debts of the partnership whatsoever.
Jointly and severally liable for all partnership debts including the malpractice claim.

Correct answer: Not personally liable for the malpractice claim but remains liable for ordinary contract debts of the partnership.

Under NY Partnership Law § 26, an LLP partner is shielded from personal liability for malpractice of co-partners but retains liability for the partnership's own contractual obligations.

Question 18: A defendant negligently injures a plaintiff who then refuses medically recommended surgery that would significantly reduce damages. Under New York law, this affects damages how?

The court appoints a medical expert to determine appropriate treatment
The defendant is fully absolved of liability
The plaintiff's recovery is reduced by the damages that would have been avoided had the plaintiff undergone the reasonable treatment (Correct answer)
The plaintiff recovers all damages regardless

Correct answer: The plaintiff's recovery is reduced by the damages that would have been avoided had the plaintiff undergone the reasonable treatment

New York's mitigation of damages doctrine requires plaintiffs to take reasonable steps to minimize their losses; failure to do so reduces recoverable damages accordingly.

Question 19: Under New York EPTL 3-3.3, the anti-lapse statute applies when a testamentary beneficiary predeceases the testator. For the statute to substitute the deceased beneficiary's issue, the beneficiary must be:

A creditor of the testator's estate
Any person related to the testator by marriage
A child or other descendant, or a brother or sister, of the testator (Correct answer)
Any friend or business associate named in the will

Correct answer: A child or other descendant, or a brother or sister, of the testator

EPTL 3-3.3 saves a gift only where the predeceased beneficiary was one of the testator's issue or a brother or sister and left issue who survived the testator; those issue take. Gifts to friends, in-laws or others lapse unless the will provides otherwise.

Question 20: In New York, which of the following most accurately describes a 'superseding cause' that would break the chain of proximate causation?

The plaintiff's own negligence contributing to the injury
A natural event that was statistically possible
An unforeseeable intervening act that alone produces the plaintiff's harm (Correct answer)
Any intervening act by a third party

Correct answer: An unforeseeable intervening act that alone produces the plaintiff's harm

A superseding cause is an intervening act that is so unforeseeable that it is unjust to hold the original defendant liable for the resulting harm.

Question 21: In New York, adverse possession requires continuous, open, notorious, exclusive, and hostile use for a period of:

7 years
10 years (Correct answer)
20 years
15 years

Correct answer: 10 years

New York's RPAPL § 501 requires adverse possession for a continuous period of 10 years to ripen into title.

Question 22: In a New York criminal case, the People must disclose Rosario material, which consists of:

Grand jury minutes in all cases
The defendant's prior criminal record
All exculpatory evidence in the prosecution's possession
Prior written or recorded statements of prosecution witnesses relating to their testimony (Correct answer)

Correct answer: Prior written or recorded statements of prosecution witnesses relating to their testimony

Rosario material consists of prior written or recorded statements of prosecution witnesses relating to the subject matter of their testimony (People v. Rosario). Since the 2020 discovery reform, it is disclosed automatically under CPL § 245.20(1)(e) (formerly CPL § 240.45(1)).

Question 23: Which of the following best describes an easement appurtenant in New York?

An easement that benefits a specific person regardless of land ownership
An easement created by adverse use for the statutory period
An easement that runs with the land and benefits a dominant tenement (Correct answer)
An easement granted only for commercial purposes

Correct answer: An easement that runs with the land and benefits a dominant tenement

An easement appurtenant attaches to and runs with the dominant estate, automatically transferring with ownership of the benefited parcel.

Question 24: A witness is called to testify about the contents of a contract, but the original contract has been destroyed in a fire. A certified copy is offered instead. Under New York law, this copy is:

Admissible under the secondary evidence rule when the original is unavailable (Correct answer)
Admissible only if the witness drafted the contract
Inadmissible because copies are never as reliable as originals
Inadmissible because the original must be produced

Correct answer: Admissible under the secondary evidence rule when the original is unavailable

When an original document is unavailable due to destruction, New York law permits secondary evidence such as a certified copy to prove the document's contents.

Question 25: Under New York law, what is the discovery rule for toxic tort cases?

The statute runs from the date the toxic substance was manufactured
The statute runs from the date of exposure regardless of when the injury is discovered
There is no statute of limitations for toxic tort claims
The statute of limitations runs from the date of discovery of the injury, not from the date of exposure (Correct answer)

Correct answer: The statute of limitations runs from the date of discovery of the injury, not from the date of exposure

For toxic tort cases, CPLR 214-c provides a discovery rule — the statute of limitations runs from the date the injured person discovered or should have discovered the injury, not from the date of exposure.

Question 26: Under CPLR 4518, what foundation must be laid for the admission of a business record?

The record must be an original document, not a copy
The record must have been created within the last five years
The record was made in the regular course of business, at or near the time of the event, by someone with knowledge or from information transmitted by someone with knowledge (Correct answer)
The record must be authenticated by the person who created it through live testimony

Correct answer: The record was made in the regular course of business, at or near the time of the event, by someone with knowledge or from information transmitted by someone with knowledge

CPLR 4518(a) requires that a business record be made in the regular course of business, at or near the time of the act or event, by a person with knowledge or from information transmitted by a person with knowledge, and that it was the regular practice of the business to make such records.

Question 27: Under New York's bail reform laws (effective 2020), for which category of offenses must the court generally release the defendant without monetary bail?

All offenses including violent felonies
Only offenses committed by first-time offenders
Only violations and traffic infractions
Most misdemeanors and non-violent felonies (Correct answer)

Correct answer: Most misdemeanors and non-violent felonies

Under CPL § 510.10 as amended, courts must release defendants charged with most misdemeanors and non-violent felonies on recognizance or non-monetary conditions, without setting monetary bail.

Question 28: A covenant running with the land in New York requires all of the following EXCEPT:

Intent that the covenant run with the land
Touch and concern the land
Recording in the county deed book (Correct answer)
Privity of estate between the parties

Correct answer: Recording in the county deed book

Recording is not a required element for a covenant to run with the land; the elements are intent, touch and concern, and privity of estate.

Question 29: In New York, which of the following factors is expressly listed in DRL §240 for a court to consider in awarding custody?

The parent's religious affiliation
Domestic violence in the household (Correct answer)
The parent's income level
The child's academic performance

Correct answer: Domestic violence in the household

New York courts are required to consider domestic violence as a factor in custody determinations under DRL §240(1)(a).

Question 30: In a CPLR Article 78 proceeding challenging an agency determination, which standard of review applies when the agency's decision involves a factual finding after a hearing?

Substantial evidence (Correct answer)
Arbitrary and capricious
Clear and convincing evidence
De novo review

Correct answer: Substantial evidence

When an agency determination is made after a quasi-judicial hearing required by law, the court reviews the factual findings under the substantial evidence standard.

Question 31: A passenger domiciled in Vermont is injured in New York in a crash with a driver domiciled in Connecticut. Vermont and Connecticut loss-allocation rules differ. Neither party is domiciled in New York. Under the third Neumeier rule, which law normally governs?

The law of Vermont, because the passenger is the injured party
The law of whichever state is the forum
The law of New York, the place of the accident, unless displacing it would advance the relevant substantive law purposes without impairing the smooth working of the multistate system or creating great uncertainty (Correct answer)
The law of Connecticut, because the driver controls the vehicle

Correct answer: The law of New York, the place of the accident, unless displacing it would advance the relevant substantive law purposes without impairing the smooth working of the multistate system or creating great uncertainty

Neumeier Rule 3 is the default: absent a common domicile or the Rule 2 situations, the law of the place of the accident applies unless displacing it would advance the relevant substantive law purposes without impairing the smooth working of the multistate system or producing great uncertainty for litigants.

Question 32: Under the New York Business Corporation Law, what vote of shareholders is generally required to approve a plan of merger for a corporation incorporated after the 1998 amendment to BCL § 903, absent a higher requirement in its certificate?

Two-thirds of all outstanding shares entitled to vote (the rule for older corporations that did not opt for a majority)
A majority of shares present at a duly convened meeting where a quorum exists
A majority of the votes of all outstanding shares entitled to vote (Correct answer)
Unanimous consent of all shareholders of record

Correct answer: A majority of the votes of all outstanding shares entitled to vote

BCL § 903(a)(2): for corporations incorporated after the 1998 amendment (or whose certificate so provides) a plan of merger is adopted by a majority of the votes of all outstanding shares entitled to vote, not just those present. Two-thirds remains the rule only for older corporations that did not opt for a majority. The certificate may impose a higher vote.

Question 33: When a charge of unconstitutionality based on factual disputes surrounds an agency action:

The state court or administrative level may establish the record.
The state court and administrative levels must both establish the record.
State courts are required to establish the record.
The administrative level is where the record needs to be established. (Correct answer)

Correct answer: The administrative level is where the record needs to be established.

When a constitutional challenge to an agency action turns on disputed facts, the factual record must be built at the administrative level before any court can review it. Courts exercising judicial review do not independently gather evidence — they examine the record already created below. Allowing state courts alone, or both levels simultaneously, to establish the record would undermine the administrative process and the orderly progression from agency to judicial review.

Question 34: Two friends domiciled in New York, a driver and her passenger, are in a car registered and insured in New York when it crashes in State X. State X has a guest statute barring a passenger's negligence claim against the driver, but New York has no such bar. The passenger sues in New York. Which law applies?

The law of the state with the larger insurance limits
State X law, unless the passenger proves intentional misconduct
New York law, because the parties share a common domicile and a guest statute is a loss-allocating rule (Correct answer)
State X law, because the accident occurred there

Correct answer: New York law, because the parties share a common domicile and a guest statute is a loss-allocating rule

Under Neumeier Rule 1, when the parties share a common domicile, the loss-allocation rule of that domicile governs. A guest statute is a loss-allocating rule, so New York law applies.

Question 35: A couple in New York City is getting divorced after a ten-year marriage. They have two children, ages 8 and 10. The non-custodial parent earns $120,000 annually, and the custodial parent earns $80,000 annually. Under the Child Support Standards Act (CSSA), what percentage will be applied to their combined parental income up to the statutory cap to determine the basic child support obligation?

31%
29%
25% (Correct answer)
17%

Correct answer: 25%

The Child Support Standards Act (CSSA) sets forth specific percentages of combined parental income to be used for calculating basic child support. For two children, the applicable percentage is 25%. The other percentages listed are for one child (17%), three children (29%), and four children (31%).

Question 36: A landlord and tenant have a valid written lease for a commercial property. Midway through the lease, the tenant's business struggles, and they request a rent reduction. The landlord agrees and they both sign a one-page document stating the monthly rent is reduced by $500 for the remainder of the lease term. The tenant provides no new consideration for this reduction. Is this modification legally binding in New York?

No, unless the tenant can prove they were facing unforeseen hardship.
Yes, because the modification is in writing and signed by the party to be charged. (Correct answer)
Yes, but only if the original lease contained a clause allowing for modifications.
No, because a modification to a contract requires new consideration to be binding under the pre-existing duty rule.

Correct answer: Yes, because the modification is in writing and signed by the party to be charged.

New York General Obligations Law § 5-1103 specifically alters the common law pre-existing duty rule. It provides that an agreement to modify a contract shall not be invalid because of the absence of consideration, provided that the modification is in a writing and signed by the party against whom it is sought to be enforced (in this case, the landlord who would be trying to collect the original rent amount).

Question 37: Under the New York EPTL, when does a gift fail due to 'ademption by satisfaction'?

When the testator makes a lifetime gift to the beneficiary intended to satisfy the bequest in whole or in part (Correct answer)
When the bequeathed property is destroyed by fire before the testator dies
When the beneficiary disclaims the gift within 9 months of the testator's death
When the testator revokes the bequest by a codicil

Correct answer: When the testator makes a lifetime gift to the beneficiary intended to satisfy the bequest in whole or in part

Ademption by satisfaction occurs when a testator makes an inter vivos gift to a legatee intending it to satisfy, in whole or in part, the testamentary gift. (Destruction or disposal of the specific property is ademption by extinction.)

Question 38: Under SAPA, what is the maximum period a rule adopted on an emergency basis may remain in effect without undergoing formal rulemaking?

90 days, subject to renewal (Correct answer)
One year from initial adoption
60 days with no renewal permitted
180 days total

Correct answer: 90 days, subject to renewal

Under SAPA 202(6), an emergency rule may remain in effect for no longer than 90 days after filing unless the agency complies with the regular rulemaking requirements and adopts the rule; if readopted before the 90 days expire, each readoption lasts no longer than 60 days.

Question 39: Under New York law, an agent acting within the scope of apparent authority binds the principal when the third party:

Conducts any transaction with the agent regardless of what the principal communicated.
Reasonably relies on manifestations of authority made by the principal to the third party. (Correct answer)
Believes the agent has authority based solely on the agent's own representations.
Obtains a written warranty of authority signed by the agent.

Correct answer: Reasonably relies on manifestations of authority made by the principal to the third party.

Apparent authority arises only from the principal's own words or conduct that reasonably lead the third party to believe the agent is authorized; the agent alone cannot create apparent authority.

Question 40: A spouse seeks post-divorce maintenance in a New York action commenced after January 25, 2016. How does the court first determine the amount under DRL 236(B)(6)?

By applying the statutory guideline formula based on the parties' income differential, which is presumed correct unless unjust or inappropriate (Correct answer)
The federal tax deduction method for the payor
The CSSA percentage schedule
A purely discretionary balancing of 20 statutory factors

Correct answer: By applying the statutory guideline formula based on the parties' income differential, which is presumed correct unless unjust or inappropriate

For actions commenced on or after January 25, 2016, DRL 236(B)(6) requires the court to calculate the guideline amount of post-divorce maintenance using the statutory income-based formula; that amount is presumed correct unless the court finds it unjust or inappropriate after considering the statutory factors. The duration schedule is advisory.

Question 41: In a New York civil case, a party seeks to introduce a hospital record containing a physician's opinion about the cause of an injury. Under CPLR 4518, this record is:

Admissible only if the physician testifies live
Inadmissible because it contains opinion testimony
Admissible as a business record if made in the regular course of business (Correct answer)
Inadmissible because medical records are privileged

Correct answer: Admissible as a business record if made in the regular course of business

Under CPLR 4518, business records including hospital records are admissible if made in the regular course of business, even if they contain opinions.

Question 42: A New York decedent names her unmarried partner of 10 years as sole beneficiary of her will. Her adult son challenges the will claiming undue influence. The most important factor courts examine is whether:

The will was executed less than one year before the decedent's death
The son was disinherited without explanation in the will
The beneficiary and decedent had a romantic relationship
The beneficiary had a confidential relationship with the decedent and actively participated in the will's preparation (Correct answer)

Correct answer: The beneficiary had a confidential relationship with the decedent and actively participated in the will's preparation

New York courts focus on whether the alleged influencer had a confidential relationship with the testator and was active in procuring the will, which creates an inference of undue influence.

Question 43: A student born and raised in New York attends college in Vermont for four years. She lives in a dormitory, works part time in Vermont, and keeps her New York driver's license, voter registration, and her parents' New York home as her base, intending to return to New York after graduation. In which state is she domiciled?

Both states, because a person may have two domiciles
New York, because domicile requires physical presence and intent to remain, and her domicile of origin persists until a new one is acquired (Correct answer)
Vermont, because she lived there for four years
Neither state, because she is a student

Correct answer: New York, because domicile requires physical presence and intent to remain, and her domicile of origin persists until a new one is acquired

Domicile is a person's true, fixed home, where he or she intends to remain or return; a person has only one domicile at a time, and the domicile of origin continues until a new domicile is established by physical presence combined with intent to make it a permanent home.

Question 44: A New York corporation's board adopts a poison pill (shareholder rights plan) without shareholder approval to defend against a hostile takeover. Under New York law, the pill is:

Valid only if the target corporation is incorporated in Delaware.
Per se invalid because shareholder approval is required for any anti-takeover measure.
Automatically invalidated by BCL § 505 which prohibits discriminatory share issuances.
Presumptively valid as a board-authorized measure reviewed under the business judgment rule. (Correct answer)

Correct answer: Presumptively valid as a board-authorized measure reviewed under the business judgment rule.

New York courts apply the business judgment rule to board-adopted rights plans, presuming validity when directors acted in good faith to protect the corporation from a perceived threat.

Question 45: An individual is in their apartment in Brooklyn when an intruder breaks in. The individual reasonably believes the intruder is about to use deadly physical force against them. Under New York Penal Law § 35.15 regarding the justification defense, what is the individual's duty before resorting to the use of deadly physical force?

A duty to shout a verbal warning to the intruder.
A duty to retreat from the apartment completely if a safe escape path exists.
No duty to retreat. (Correct answer)
A duty to retreat to their bedroom and lock the door if possible.

Correct answer: No duty to retreat.

New York Penal Law § 35.15(2)(a)(i) establishes the 'castle doctrine,' which states that a person is under no duty to retreat if they are in their own dwelling and are not the initial aggressor. In any other location, a person has a duty to retreat before using deadly force if they know they can do so with complete personal safety. Because the individual is in their own dwelling, the duty to retreat is eliminated.

Question 46: Under CPLR 3102(c), when may a party obtain pre-action disclosure in New York?

As of right upon filing the summons
Only with consent of all potential defendants
Only by leave of court upon a showing of necessity (Correct answer)
Only in cases involving personal injury

Correct answer: Only by leave of court upon a showing of necessity

CPLR 3102(c) permits disclosure before an action is commenced, to aid in bringing an action, to preserve information, or to aid in arbitration, but only by court order.

Question 47: Under New York Penal Law, what distinguishes murder in the second degree from manslaughter in the first degree?

Murder requires intent to cause death, while manslaughter requires intent to cause serious physical injury resulting in death (Correct answer)
There is no distinction; they are the same offense with different penalties
Murder involves a firearm, while manslaughter involves other weapons
Murder requires premeditation, while manslaughter does not

Correct answer: Murder requires intent to cause death, while manslaughter requires intent to cause serious physical injury resulting in death

Under PL § 125.25, murder in the second degree requires intent to cause the death of another person, while first-degree manslaughter under PL § 125.20 requires intent to cause serious physical injury that results in death.

Question 48: In New York, which of the following best describes the 'opening the door' doctrine?

A party may waive the hearsay rule by consent
The court may admit any evidence once relevance is established
A witness may refuse to testify if a prior question was improper
A party may introduce otherwise inadmissible evidence to rebut evidence introduced by the opposing party (Correct answer)

Correct answer: A party may introduce otherwise inadmissible evidence to rebut evidence introduced by the opposing party

The 'opening the door' doctrine allows a party to introduce evidence that would otherwise be inadmissible in order to rebut or explain evidence introduced by the opposing party.

Question 49: Under NY RPC 3.5(d), a New York attorney wishes to contact jurors after a verdict to learn about their deliberations for use in a future similar case. This is:

Permissible as long as the contact is in person and not by phone
Permissible only with the opposing party's consent
Prohibited under all circumstances
Permissible unless the juror declines or the court prohibits it (Correct answer)

Correct answer: Permissible unless the juror declines or the court prohibits it

NY RPC 3.5(d) bars communication with a juror after discharge only if prohibited by law or court order, the juror has made known a desire not to communicate, or the communication involves misrepresentation, coercion, duress or harassment. Otherwise post-verdict contact is permitted.

Question 50: A testator's will was signed with two witnesses, but one witness was a beneficiary under the will. Under New York EPTL § 3-3.2, the result is:

The will is valid but the interested witness's testimony is inadmissible
The will is entirely void
The bequest to the witness-beneficiary is void but the rest of the will stands without reduction
The witness-beneficiary forfeits any bequest exceeding what they would have received as an intestate heir (Correct answer)

Correct answer: The witness-beneficiary forfeits any bequest exceeding what they would have received as an intestate heir

Under EPTL § 3-3.2, the will remains valid, but an interested witness may only take the lesser of the bequest or the intestate share they would have received.

Question 51: Under New York RPC 1.5, what standard governs the reasonableness of attorney fees?

Fees are regulated by a fixed schedule set by the court system
Only contingency fees are subject to reasonableness review
Fees must not be excessive, considering factors such as time and labor, novelty and difficulty, the customary fee, the amount involved, and the attorney's experience (Correct answer)
Attorneys may charge any fee agreed upon by the client

Correct answer: Fees must not be excessive, considering factors such as time and labor, novelty and difficulty, the customary fee, the amount involved, and the attorney's experience

RPC 1.5(a) prohibits excessive or illegal fees and lists factors for determining reasonableness including time, complexity, customary fees, and the attorney's experience.

NYLE — New York Law Exam

The NYLE is a 50-question, 2-hour open-book exam testing knowledge of New York-specific law across 12 subject areas, required for admission to the New York Bar.

Questions

120 min

Time Limit

60%

To Pass

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Exam Rules

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