Answers – Criminal Procedure, Civil
Litigation, Ethics, Trusts, Family Law & More
1. Before an agency adopts a new rule, a public hearing::
Answer>> May be required if there is a statute that specifically requires that a hearing be held.
2. When appearing before an administrative agency, a party::
Answer>> May be represented by someone who is not an attorney (may be pro se).
3. If an agency's implementing statue is silent regarding whether an adjudica- tory
hearing is required before a licensing decision is made::
Answer>> Due process may require a hearing be held, if there is a property right at stake.
4. A motion to quash a subpoena issued by an administrative law judge should be
made, in the first instance to::
Answer>> The administrative law judge that issued the subpoena.
5. An executive session may be conducted by a public body:: Following a majority vote of the
pubic body taken in a public session identifying the topics to be discussed.
6. Which one is required for general partnership?:
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, Answer>> 2 or more persons defined as an individual or legal entity.
7. What is the consequence of organizing a registered limited liability partner- ship
(RLLP)::
Answer>> Each member of the partnership is personally liable for any negligent or wrongful act committed by him
or by a person under his direct supervision in rendering professional services on behalf of the RLLP.
8. Which one of the following statements regarding business corporations is
false?:
Answer>> Otters appointed by shareholders to manage on a day to day basis.
9. In order to preserve their appraisal rights, shareholders who oppose an
amendment to the certificate of incorporation that limits their voting rights
must::
Answer>> Give written objection to the corporation before the vote is taken.
10. An officer elected by the board of directors of a business corporation may be
removed by vote of the::
Answer>> Board of directors for cause or without cause.
11. A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice com- mitted
by::
Answer>> The lawyer herself and any persons in the firm under her direct supervision and control.
12. In order for a director who is absent from a vote taken by a board of directors to
dissent from the action, the absent direction::
Answer>> Must cause his dissent to be filed with the meant minutes within a reasonable time after
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, learning of the action.
13. Is service of process by email permitted in a civil action commenced in NY
State courts?:
Answer>> Yes, but only where a court has issued order permitting service of process by email.
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, 14. Unless the court sets a specific date, the expiration of the time period for which
a party may file a motion for summary judgement is measured from the date::
Answer>> The note of issue was filed.
15. If a non-resident commences an action against a D who has a condo in NY
county, but travels to Columbia County to their farmhouse every weekend, the D's
residence for the purpose of venue would be:: Either Columbia County or NY County.
16. The proper venue in an action against a municipality is::
Answer>> The county in which the municipality is located.
17. A three-year statue of limitations applies to all the follow except:
OPTIONS:
A) Property damage
B) Legal malpractice
C) Medical malpractice
D)Personal injury:
ANSWER
C) Medical malpractice
18. When you serve motion of appeal signed by a judge but not yet entered by clerk of
the court::
Answer>> Time has not begun to run.
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