NYLE – Evidence Exam Questions With
Correct Answers
Judicial notice of law: CPLR 4511 - CORRECT ANSWER✔✔-Under New York law,
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every court must take judicial notice without a request being made of the
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following:
• The common law, constitutions, and public statutes of the United States and of
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every state, territory, and jurisdiction of the United States;
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• The official compilation of the New York Codes, Rules, and Regulations of the
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state (NYCRR); and | |
• All local laws and county acts.
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Under CPLR 4511 (b), the court must take judicial notice of certain laws if a
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request is made by a party. Certain conditions must be satisfied before a party's
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request to take judicial notice of the laws specified in subdivision (b) will become
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mandatory on the court (CPLR 4511 [b]). The court has discretion to take judicial
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notice on its own motion of, among other things, private acts and resolutions of
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the United States Congress and the New York State Legislature; and ordinances
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and regulations of agencies or governmental subdivisions and the laws of foreign
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countries.
Judicial notice of adjudicative facts - CORRECT ANSWER✔✔-Judicial notice of
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adjudicative facts is where courts accept and adjudicative fact as true without the
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|offering of evidence by the party asserting the fact (Ptasznik v Schultz, 247 AD2d
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197 [2d Dept 1998]). New York limits judicial notice of adjudicative facts to those
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incapable of dispute because they are either:
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• Generally known within the community where the court sits or
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, • Capable of accurate and ready determination by resort to sources whose
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accuracy cannot reasonably be questioned. | | | |
Relevancy: Character evidence: CPL 60.40 - CORRECT ANSWER✔✔-In a criminal
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case, a defendant may establish his or her good character only by showing his or
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her general reputation in the community (People v Barber, 74 NY2d 653 [1989]
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[dissenting opinion]). The opinions of those who know the defendant personally
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and have firsthand knowledge of his or her character are inadmissible (id.). If a
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defendant through the testimony of a witness called by him offers evidence of his
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|good character, the prosecution may independently prove any previous
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conviction of the defendant tending to negate the trait in issue (CPL 60.40 [2]).
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In a civil case, evidence of good character may be admitted only after a person's
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good character has been directly called into question by evidence of bad
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character (Kravitz v Long Is. Jewish-Hillside Med. Ctr., 113 AD2d 577 [2d Dept
| | | | | | | | | | | | |
1985]).
Evidence of a person's character is never admissible for the purpose of proving
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that the person acted in conformity therewith or had the propensity to do so
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(Fanelli v diLorenzo, 187 | | |
AD2d 1004 [4th Dept 1992]). | | | |
Relevancy: Uncharged crimes - CORRECT ANSWER✔✔-In a criminal case in New
| | | | | | | | | | |
York, evidence of a defendant's prior uncharged crimes is inadmissible to prove
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criminal propensities, but may be admitted under certain circumstances where
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the probative value of the proof outweighs its possible prejudicial effect. Evidence
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of uncharged but similar acts is therefore admissible to establish:
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• Motive,
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Correct Answers
Judicial notice of law: CPLR 4511 - CORRECT ANSWER✔✔-Under New York law,
| | | | | | | | | | | |
every court must take judicial notice without a request being made of the
| | | | | | | | | | | | |
following:
• The common law, constitutions, and public statutes of the United States and of
| | | | | | | | | | | | | |
every state, territory, and jurisdiction of the United States;
| | | | | | | | |
• The official compilation of the New York Codes, Rules, and Regulations of the
| | | | | | | | | | | | | |
state (NYCRR); and | |
• All local laws and county acts.
| | | | | |
Under CPLR 4511 (b), the court must take judicial notice of certain laws if a
| | | | | | | | | | | | | | |
request is made by a party. Certain conditions must be satisfied before a party's
| | | | | | | | | | | | | |
request to take judicial notice of the laws specified in subdivision (b) will become
| | | | | | | | | | | | | |
mandatory on the court (CPLR 4511 [b]). The court has discretion to take judicial
| | | | | | | | | | | | | |
notice on its own motion of, among other things, private acts and resolutions of
| | | | | | | | | | | | | |
the United States Congress and the New York State Legislature; and ordinances
| | | | | | | | | | | |
and regulations of agencies or governmental subdivisions and the laws of foreign
| | | | | | | | | | | |
countries.
Judicial notice of adjudicative facts - CORRECT ANSWER✔✔-Judicial notice of
| | | | | | | | | |
adjudicative facts is where courts accept and adjudicative fact as true without the
| | | | | | | | | | | |
|offering of evidence by the party asserting the fact (Ptasznik v Schultz, 247 AD2d
| | | | | | | | | | | | | |
197 [2d Dept 1998]). New York limits judicial notice of adjudicative facts to those
| | | | | | | | | | | | | |
incapable of dispute because they are either:
| | | | | |
• Generally known within the community where the court sits or
| | | | | | | | | |
, • Capable of accurate and ready determination by resort to sources whose
| | | | | | | | | | | |
accuracy cannot reasonably be questioned. | | | |
Relevancy: Character evidence: CPL 60.40 - CORRECT ANSWER✔✔-In a criminal
| | | | | | | | | |
case, a defendant may establish his or her good character only by showing his or
| | | | | | | | | | | | | | |
her general reputation in the community (People v Barber, 74 NY2d 653 [1989]
| | | | | | | | | | | | |
[dissenting opinion]). The opinions of those who know the defendant personally
| | | | | | | | | | |
and have firsthand knowledge of his or her character are inadmissible (id.). If a
| | | | | | | | | | | | | |
defendant through the testimony of a witness called by him offers evidence of his
| | | | | | | | | | | | |
|good character, the prosecution may independently prove any previous
| | | | | | | | |
conviction of the defendant tending to negate the trait in issue (CPL 60.40 [2]).
| | | | | | | | | | | | |
In a civil case, evidence of good character may be admitted only after a person's
| | | | | | | | | | | | | | |
good character has been directly called into question by evidence of bad
| | | | | | | | | | | |
character (Kravitz v Long Is. Jewish-Hillside Med. Ctr., 113 AD2d 577 [2d Dept
| | | | | | | | | | | | |
1985]).
Evidence of a person's character is never admissible for the purpose of proving
| | | | | | | | | | | | |
that the person acted in conformity therewith or had the propensity to do so
| | | | | | | | | | | | | |
(Fanelli v diLorenzo, 187 | | |
AD2d 1004 [4th Dept 1992]). | | | |
Relevancy: Uncharged crimes - CORRECT ANSWER✔✔-In a criminal case in New
| | | | | | | | | | |
York, evidence of a defendant's prior uncharged crimes is inadmissible to prove
| | | | | | | | | | | |
criminal propensities, but may be admitted under certain circumstances where
| | | | | | | | | |
the probative value of the proof outweighs its possible prejudicial effect. Evidence
| | | | | | | | | | |
of uncharged but similar acts is therefore admissible to establish:
| | | | | | | | | |
• Motive,
|
