Answers
ADMINISTRATIVE LAW
A statute expressly authorizes the hearing officers for a particular administrative
agency to issue subpoenas at the request of any party to the hearing. A witness
who has received a subpoena issued by the hearing officer wants to challenge the
subpoena on the ground that it seeks only material that is clearly irrelevant. The
proper procedure for the witness to follow in order to challenge the subpoena is
to:
a) Immediately move in supreme court to quash the subpoena.
b) Refuse to comply with the subpoena and defend any subsequent proceeding to
enforce it.
c) First request the hearing officer to withdraw the subpoena and, if unsuccessful,
the witness may move in supreme court to quash the subpoena.
d) Request the hearing officer to withdraw the subpoena and, if unsuccessful, the
witness has no further remedy because the statute authorizes the issuance of the
subpoena. - --CORRECT ANSWER--c) First request the hearing officer to
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, withdraw the subpoena and, if unsuccessful, the witness may move in supreme
court to quash the subpoena.
BUSINESS RELATIONSHIPS
A person served as director of both Corporation A and Corporation B. This
director was present at a meeting of the board of directors of Corporation A when
it approved a contract between Corporation A and Corporation B, and his
presence and affirmative vote were necessary to establish a quorum of the board
and approve the contract. The contract was fair and reasonable to Corporation A
at the time it was approved. Is the contract voidable by Corporation A?
a) Yes, if the common directorship was not known to the board of Corporation A.
b) Yes, because the director's presence and affirmative vote were necessary to
establish a quorum of the board and approve the contract.
c) No, because common directorship cannot be a valid ground to void any contract
approved by a board of directors.
d) No, because the contract was otherwise fair and reasonable to Corporation A at
the time it was approved. - --CORRECT ANSWER--d) No, because the contract
was otherwise fair and reasonable to Corporation A at the time it was approved.
CIVIL PRACTICE AND PROCEDURE
Is a trial court in the First Judicial Department required to follow a decision of the
Appellate Division of the Third Judicial Department?
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