NYLE Practice Questions and Answers 2023 with complete
solution
In order for a state agency to adopt an administrative rule pursuant to the State
Administrative Procedure Act (SAPA), the agency must:
a) Submit notice of the proposed rule to the secretary of state for publication and afford
the public an opportunity to submit comments on the proposed rule.
In the absence of a controlling provision in its certificate of incorporation or by-
laws, a director of a business corporation may be removed:
Only by vote of the shareholders and only for cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by:
The lawyer herself and any person in the firm under her direct supervision and control.
valid basis for the exercise of personal jurisdiction over a non-domiciliary as to a
cause of action arising from that act?
(a) Transaction of business within the state.
(b) Contracting out of state to supply goods or services in the state.
(c) Ownership of real property situated within the state.
The proper venue for an action by a non-resident of New York against a New York
resident for specific performance of a contract entered into in New York to sell
real property located in New York is in:
c) The county in which the real property is located.
In order to be timely, an action commenced in New York by a nonresident plaintiff
against a resident of New York to recover damages for a claim that accrued in
State X must be:
Timely under both the law of New York and the law of State X.
If a pre-answer motion is made on any ground, which of the following defenses is
waived if not included in the motion:
(d) Lack of personal jurisdiction over the defendant.
In an action in New York for breach of an employment contract, a New York court
will always apply the law of:
(d) The jurisdiction with the most significant relationship to the transaction and the
parties.
Is a contract entered into under a mutual mistake of fact by the parties voidable
and subject to rescission or reformation?
No, unless the mistake is both substantial and existed at the time the contract was
entered into.
Who has the burden of proof regarding an alibi at a criminal trial?
The prosecution, beyond a reasonable doubt.
In order for a police officer in New York to forcibly stop and detain a person, the
officer must have:
A reasonable suspicion that the person was involved in a felony or a misdemeanor.
Is a witness's testimony regarding his habit admissible in a negligence action to
prove that his conduct conformed to his habit on a specific occasion?
solution
In order for a state agency to adopt an administrative rule pursuant to the State
Administrative Procedure Act (SAPA), the agency must:
a) Submit notice of the proposed rule to the secretary of state for publication and afford
the public an opportunity to submit comments on the proposed rule.
In the absence of a controlling provision in its certificate of incorporation or by-
laws, a director of a business corporation may be removed:
Only by vote of the shareholders and only for cause.
A lawyer who is a member of a law firm organized as a professional service
limited liability company is personally liable for professional malpractice
committed by:
The lawyer herself and any person in the firm under her direct supervision and control.
valid basis for the exercise of personal jurisdiction over a non-domiciliary as to a
cause of action arising from that act?
(a) Transaction of business within the state.
(b) Contracting out of state to supply goods or services in the state.
(c) Ownership of real property situated within the state.
The proper venue for an action by a non-resident of New York against a New York
resident for specific performance of a contract entered into in New York to sell
real property located in New York is in:
c) The county in which the real property is located.
In order to be timely, an action commenced in New York by a nonresident plaintiff
against a resident of New York to recover damages for a claim that accrued in
State X must be:
Timely under both the law of New York and the law of State X.
If a pre-answer motion is made on any ground, which of the following defenses is
waived if not included in the motion:
(d) Lack of personal jurisdiction over the defendant.
In an action in New York for breach of an employment contract, a New York court
will always apply the law of:
(d) The jurisdiction with the most significant relationship to the transaction and the
parties.
Is a contract entered into under a mutual mistake of fact by the parties voidable
and subject to rescission or reformation?
No, unless the mistake is both substantial and existed at the time the contract was
entered into.
Who has the burden of proof regarding an alibi at a criminal trial?
The prosecution, beyond a reasonable doubt.
In order for a police officer in New York to forcibly stop and detain a person, the
officer must have:
A reasonable suspicion that the person was involved in a felony or a misdemeanor.
Is a witness's testimony regarding his habit admissible in a negligence action to
prove that his conduct conformed to his habit on a specific occasion?
