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NYLE Practice Questions with Verified Solutions
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. - (answers)c) First request the hearing officer to withdraw the
subpoena and, if unsuccessful, the witness may move in supreme court to quash
the subpoena.
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
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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. - (answers)d) No, because the contract was
otherwise fair and reasonable to Corporation A at the time it was approved.
Is a trial court in the First Judicial Department required to follow a decision of the
Appellate Division of the Third Judicial Department?
a) No, unless the Court of Appeals has affirmed that decision.
b) No, because decisions of intermediate appellate courts outside of the Judicial
Department of a trial court are not binding on that trial court.
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c) Yes, unless the Court of Appeals has pronounced a contrary ruling, regardless of
whether or not the First Judicial Department has ruled on the issue.
d) Yes, unless either the Court of Appeals or the Appellate Division in the First
Judicial Department has pronounced a contrary ruling. - (answers)d) Yes, unless
either the Court of Appeals or the Appellate Division in the First Judicial
Department has pronounced a contrary ruling.
Which one of the following types of service is only available if service by personal
delivery cannot be made with due diligence?
a) Deliver-and-mail service.
b) Affix-and-mail service.
c) Service on an individual's agent designated for service of process.
d) Service on the Secretary of State as a designated agent. - (answers)b) Affix-and-
mail service.
The sole defendant in a civil action was served with the plaintiff's summons and
complaint last week, and he has since served his answer. May the plaintiff now
add a second defendant to the action as of right?
NYLE Practice Questions with Verified Solutions
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. - (answers)c) First request the hearing officer to withdraw the
subpoena and, if unsuccessful, the witness may move in supreme court to quash
the subpoena.
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
,2|Page
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. - (answers)d) No, because the contract was
otherwise fair and reasonable to Corporation A at the time it was approved.
Is a trial court in the First Judicial Department required to follow a decision of the
Appellate Division of the Third Judicial Department?
a) No, unless the Court of Appeals has affirmed that decision.
b) No, because decisions of intermediate appellate courts outside of the Judicial
Department of a trial court are not binding on that trial court.
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c) Yes, unless the Court of Appeals has pronounced a contrary ruling, regardless of
whether or not the First Judicial Department has ruled on the issue.
d) Yes, unless either the Court of Appeals or the Appellate Division in the First
Judicial Department has pronounced a contrary ruling. - (answers)d) Yes, unless
either the Court of Appeals or the Appellate Division in the First Judicial
Department has pronounced a contrary ruling.
Which one of the following types of service is only available if service by personal
delivery cannot be made with due diligence?
a) Deliver-and-mail service.
b) Affix-and-mail service.
c) Service on an individual's agent designated for service of process.
d) Service on the Secretary of State as a designated agent. - (answers)b) Affix-and-
mail service.
The sole defendant in a civil action was served with the plaintiff's summons and
complaint last week, and he has since served his answer. May the plaintiff now
add a second defendant to the action as of right?
