NYLE Practice Questions
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1. Paul and Peter were married for 10 years (C) "Maintenance shall be calculated prior to
and have two children. In 2019, Paul lost child support because the amount of main-
his job. The financial stress deteriorated tenance shall be subtracted from the payor's
the marriage, which caused Peter to file income and added to the payee's income as
for divorce. Peter is seeking joint custody part of the calculation of the child support
and maintenance from Paul. How should obligation." DRL § 236 (B) (6) (c) (1) (g).
the court calculate maintenance and child
support?
A. The parties calculate child support and
seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should
be calculated concurrently
2. Susan and Carol got engaged on June 1, (B) "An agreement by the parties, made be-
2018. During this period, they discussed a fore or during the marriage, shall be valid
pre-nuptial agreement and orally agreed and enforceable in a matrimonial action if
that neither party will pay alimony in the such agreement is in writing, subscribed by
event of a divorce. The couple wed on June the parties, and acknowledged or proven in
1, 2019. One year and one day later, Carol the manner required to entitle a deed to be
filed for divorce after Susan cheated on recorded." DRL § 236 (b)(3).
Carol. Susan is now an emotional wreck
and has lost her job due to the stress. May
Susan seek alimony?
A. Yes, because the parties were married
for more than one year
B. Yes, because the pre-nuptial agreement
was not in writing
C. No, because a pre-nuptial agree-
, NYLE Practice Questions
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ment denying alimony to each party was
formed
D. No, because the parties were not mar-
ried for up to 10 years
3. Paul recently formed Company, Inc. and (C) "(a) The board may elect or appoint a
serves as its president. After establishing president, one or more vice-presidents, a sec-
the board and shareholders, the compa- retary and a treasurer, and such other officers
ny now wants to hire an officer. The cer- as it may determine, or as may be provided in
tificate of incorporation is silent on how the by-laws.
an officer may be elected. The company (b) The certificate of incorporation may pro-
interviewed Jake and wants to elect him vide that all officers or that specified officers
as an officer. How may the company elect shall be elected by the shareholders instead
Jake? of by the board." BCL § 715 (2021).
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect
Jake
4. Brandon sued his former friend, Jason, (C) New York courts have "abandoned the
after Brandon fell to the ground and in- classifications [of licensee, trespasser, invi-
jured himself while leaving Jason's prop- tee] entirely and announced our adherence
erty. Brandon was on the property to con- to the single standard of reasonable care . .
front Jason about lying, but he had visited . ." Basso v Miller, 40 NY2d 233, 241 (1976).
the property several times in the past. If "An owner, lessee or occupant of premises,
Brandon loses the case, it will be because: whether or not posted as provided in section
11-2111 of the environmental conservation
A. Brandon was a trespasser law , owes no duty to keep the premises safe
B. Brandon was an invitee for entry or use by others for hunting, fish-
C. Jason did not maintain the property ing, organized gleaning as defined in section
, NYLE Practice Questions
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with reasonable care seventy-one-y of the agriculture and mar-
D. Brandon was a licensee kets law , canoeing, boating, trapping, hik-
ing, cross-country skiing, tobogganing, sled-
ding, speleological activities, horseback rid-
ing, bicycle riding, hang gliding, motorized
vehicle operation for recreational purposes,
snowmobile operation, cutting or gathering
of wood for non-commercial purposes or
training of dogs, or to give warning of any
hazardous condition or use of or structure or
activity on such premises to persons entering
for such purposes." GOL 9-103.
5. Jennifer sued Adam in a special proceed- "Parties. The party commencing a special pro-
ing by filing a petition. Adam responded ceeding shall be styled the petitioner and
with his answer and counterclaim, which any adverse party the respondent. After a
raised a new issue. Jennifer responded proceeding is commenced, no party shall be
with a reply. Adam responded with a sur- joined or interpleaded and no third-party
reply and separately asked for leave of practice or intervention shall be allowed, ex-
court to file a motion to join another party. cept by leave of court." CPLR § 401.
Which of the following was NOT a proper
response in the action? "There shall be a petition, which shall comply
with the requirements for a complaint in an
A. Adam's motion to join another party action, and an answer where there is an ad-
B. Adam's surreply verse party. There shall be a reply to a coun-
C. Jennifer's reply terclaim denominated as such and there may
D. Adam's counterclaim be a reply to new matter in the answer in
any case. The court may permit such other
pleadings as are authorized in an action upon
such terms as it may specify. Where there is no
adverse party the petition shall state the result
of any prior application for similar relief and
, NYLE Practice Questions
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shall specify the new facts, if any, that were not
previously shown." CPLR § 402
6. Allison had a great relationship with her (C) "(1) A will or any part thereof may be
daughter Elizabeth until Elizabeth mar- revoked or altered by: (A) Another will. (B) A
ried David. Two years after the marriage, writing of the testator clearly indicating an in-
Allison used a pen to scratch out the tention to effect such revocation or alteration,
$200,00 she left to Elizabeth and wrote executed with the formalities prescribed by
"$0" above that amount. All of the other this article for the execution and attestation of
provisions in the will remained the same. a will." EPTL 3-4.1 Partial revocation by phys-
Is Allison's revocation effective? ical act is not allowed.
A. Yes, because partial revocation of a will
by physical act is permitted
B. Yes, because Allison entered a new
amount above the scratched-out amount
C. No, because partial revocation of a will
by physical act is not permitted
D. No, because the revocation violates
public policy regarding the legal right to
marriage
7. Luke owned Blackacre and sold it to Timo- (D) New York is a race notice jurisdiction.
thy in January 2020. Timothy, a bona fide "Every such conveyance not so recorded is
purchaser, did not record the conveyance. void as against any person who subsequently
In March 2020, Luke sold Blackacre to purchases or acquires by exchange or con-
Sarah, a bona fide purchaser, who record- tracts to purchase or acquire by exchange,
ed the conveyance in March 2020. In April the same real property or any portion thereof,
2020, Timothy recorded the conveyance. or acquires by assignment the rent to accrue
Who owns the property in May 2020? therefrom as provided in section two hundred
ninety-four-a of the real property law , in good
A. Timothy, because he is the first bona faith and for a valuable consideration, from
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1. Paul and Peter were married for 10 years (C) "Maintenance shall be calculated prior to
and have two children. In 2019, Paul lost child support because the amount of main-
his job. The financial stress deteriorated tenance shall be subtracted from the payor's
the marriage, which caused Peter to file income and added to the payee's income as
for divorce. Peter is seeking joint custody part of the calculation of the child support
and maintenance from Paul. How should obligation." DRL § 236 (B) (6) (c) (1) (g).
the court calculate maintenance and child
support?
A. The parties calculate child support and
seek court approval for maintenance
B. Child support should be calculated first
C. Maintenance should be calculated first
D. Child support and maintenance should
be calculated concurrently
2. Susan and Carol got engaged on June 1, (B) "An agreement by the parties, made be-
2018. During this period, they discussed a fore or during the marriage, shall be valid
pre-nuptial agreement and orally agreed and enforceable in a matrimonial action if
that neither party will pay alimony in the such agreement is in writing, subscribed by
event of a divorce. The couple wed on June the parties, and acknowledged or proven in
1, 2019. One year and one day later, Carol the manner required to entitle a deed to be
filed for divorce after Susan cheated on recorded." DRL § 236 (b)(3).
Carol. Susan is now an emotional wreck
and has lost her job due to the stress. May
Susan seek alimony?
A. Yes, because the parties were married
for more than one year
B. Yes, because the pre-nuptial agreement
was not in writing
C. No, because a pre-nuptial agree-
, NYLE Practice Questions
Study online at https://quizlet.com/_chwerg
ment denying alimony to each party was
formed
D. No, because the parties were not mar-
ried for up to 10 years
3. Paul recently formed Company, Inc. and (C) "(a) The board may elect or appoint a
serves as its president. After establishing president, one or more vice-presidents, a sec-
the board and shareholders, the compa- retary and a treasurer, and such other officers
ny now wants to hire an officer. The cer- as it may determine, or as may be provided in
tificate of incorporation is silent on how the by-laws.
an officer may be elected. The company (b) The certificate of incorporation may pro-
interviewed Jake and wants to elect him vide that all officers or that specified officers
as an officer. How may the company elect shall be elected by the shareholders instead
Jake? of by the board." BCL § 715 (2021).
A. Paul alone may elect Jake
B. The shareholders alone may elect Jake
C. The board alone may elect Jake
D. The board or shareholders may elect
Jake
4. Brandon sued his former friend, Jason, (C) New York courts have "abandoned the
after Brandon fell to the ground and in- classifications [of licensee, trespasser, invi-
jured himself while leaving Jason's prop- tee] entirely and announced our adherence
erty. Brandon was on the property to con- to the single standard of reasonable care . .
front Jason about lying, but he had visited . ." Basso v Miller, 40 NY2d 233, 241 (1976).
the property several times in the past. If "An owner, lessee or occupant of premises,
Brandon loses the case, it will be because: whether or not posted as provided in section
11-2111 of the environmental conservation
A. Brandon was a trespasser law , owes no duty to keep the premises safe
B. Brandon was an invitee for entry or use by others for hunting, fish-
C. Jason did not maintain the property ing, organized gleaning as defined in section
, NYLE Practice Questions
Study online at https://quizlet.com/_chwerg
with reasonable care seventy-one-y of the agriculture and mar-
D. Brandon was a licensee kets law , canoeing, boating, trapping, hik-
ing, cross-country skiing, tobogganing, sled-
ding, speleological activities, horseback rid-
ing, bicycle riding, hang gliding, motorized
vehicle operation for recreational purposes,
snowmobile operation, cutting or gathering
of wood for non-commercial purposes or
training of dogs, or to give warning of any
hazardous condition or use of or structure or
activity on such premises to persons entering
for such purposes." GOL 9-103.
5. Jennifer sued Adam in a special proceed- "Parties. The party commencing a special pro-
ing by filing a petition. Adam responded ceeding shall be styled the petitioner and
with his answer and counterclaim, which any adverse party the respondent. After a
raised a new issue. Jennifer responded proceeding is commenced, no party shall be
with a reply. Adam responded with a sur- joined or interpleaded and no third-party
reply and separately asked for leave of practice or intervention shall be allowed, ex-
court to file a motion to join another party. cept by leave of court." CPLR § 401.
Which of the following was NOT a proper
response in the action? "There shall be a petition, which shall comply
with the requirements for a complaint in an
A. Adam's motion to join another party action, and an answer where there is an ad-
B. Adam's surreply verse party. There shall be a reply to a coun-
C. Jennifer's reply terclaim denominated as such and there may
D. Adam's counterclaim be a reply to new matter in the answer in
any case. The court may permit such other
pleadings as are authorized in an action upon
such terms as it may specify. Where there is no
adverse party the petition shall state the result
of any prior application for similar relief and
, NYLE Practice Questions
Study online at https://quizlet.com/_chwerg
shall specify the new facts, if any, that were not
previously shown." CPLR § 402
6. Allison had a great relationship with her (C) "(1) A will or any part thereof may be
daughter Elizabeth until Elizabeth mar- revoked or altered by: (A) Another will. (B) A
ried David. Two years after the marriage, writing of the testator clearly indicating an in-
Allison used a pen to scratch out the tention to effect such revocation or alteration,
$200,00 she left to Elizabeth and wrote executed with the formalities prescribed by
"$0" above that amount. All of the other this article for the execution and attestation of
provisions in the will remained the same. a will." EPTL 3-4.1 Partial revocation by phys-
Is Allison's revocation effective? ical act is not allowed.
A. Yes, because partial revocation of a will
by physical act is permitted
B. Yes, because Allison entered a new
amount above the scratched-out amount
C. No, because partial revocation of a will
by physical act is not permitted
D. No, because the revocation violates
public policy regarding the legal right to
marriage
7. Luke owned Blackacre and sold it to Timo- (D) New York is a race notice jurisdiction.
thy in January 2020. Timothy, a bona fide "Every such conveyance not so recorded is
purchaser, did not record the conveyance. void as against any person who subsequently
In March 2020, Luke sold Blackacre to purchases or acquires by exchange or con-
Sarah, a bona fide purchaser, who record- tracts to purchase or acquire by exchange,
ed the conveyance in March 2020. In April the same real property or any portion thereof,
2020, Timothy recorded the conveyance. or acquires by assignment the rent to accrue
Who owns the property in May 2020? therefrom as provided in section two hundred
ninety-four-a of the real property law , in good
A. Timothy, because he is the first bona faith and for a valuable consideration, from
