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NYLE ACTUAL REVISION TEST REVISED VERSION, Exams of Advanced Education

Cheyney University of PennsylvaniaAdvanced Education

NYLE ACTUAL REVISION TEST REVISED VERSION

Typology: Exams

2025/2026

Available from 03/08/2026

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NYLE
ACTUAL REVISION TEST REVISED VERSION
1. Before an agency adopts a new rule, a public hearing:: May be
required if there is a
statute that specifically requires that a hearing be held.
2. When appearing before an administrative agency, a party::
May be
represented by
someone who is not an attorney (may be pro se).
3. If an agency's implementing statue is silent regarding whether an
adjudica- tory hearing is required before a licensing decision is made::
Due process may require
a hearing be held, if there is a property right at stake.
4. A motion to quash a subpoena issued by an administrative law
judge should
be made, in the first instance to:: The administrative law judge that
issued the subpoena.
5.
An executive session may be conducted by a public body::
Following a
majority vote of
the pubic body taken in a public session identifying the topics to be discussed.
6.
Which one is required for general partnership?: 2 or more persons defined as
an individual
or legal entity.
7. What is the consequence of organizing a registered limited liability
partner-
ship
(RLLP)::
Each member of the partnership is personally liable for any negligent or
wrongful act committed by him or by a person under his direct supervision in rendering professional
services on behalf of the RLLP.
8. Which one of the following statements regarding business
corporations is
false?:
Otters appointed by shareholders to manage on a day to day
basis.
9. In order to preserve their appraisal rights, shareholders who
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NYLE ACTUAL REVISION TEST REVISED VERSION

  1. Before an agency adopts a new rule, a public hearing:: May be required if there is a statute that specifically requires that a hearing be held.
  2. When appearing before an administrative agency, a party:: May be represented by someone who is not an attorney (may be pro se).
  3. If an agency's implementing statue is silent regarding whether an adjudica- tory hearing is required before a licensing decision is made:: Due process may require a hearing be held, if there is a property right at stake.
  4. A motion to quash a subpoena issued by an administrative law judge should be made, in the first instance to:: The administrative law judge that issued the subpoena.
  5. An executive session may be conducted by a public body:: Following a majority vote of the pubic body taken in a public session identifying the topics to be discussed.
  6. Which one is required for general partnership?: 2 or more persons defined as an individual or legal entity.
  7. What is the consequence of organizing a registered limited liability partner- ship (RLLP):: Each member of the partnership is personally liable for any negligent or wrongful act committed by him or by a person under his direct supervision in rendering professional services on behalf of the RLLP.
  8. Which one of the following statements regarding business corporations is false?: Otters appointed by shareholders to manage on a day to day basis.
  9. In order to preserve their appraisal rights, shareholders who

2 / 73 oppose an amendment to the certificate of incorporation that limits their voting rights must:: Give written objection to the corporation before the vote is taken.

  1. An officer elected by the board of directors of a business corporation may be removed by vote of the:: Board of directors for cause or without cause.
  2. A lawyer who is a member of a law firm organized as a professional service limited liability company is personally liable for professional malpractice com- mitted by:: The lawyer herself and any persons in the firm under her direct supervision and control.
  3. In order for a director who is absent from a vote taken by a board of directors to dissent from the action, the absent direction:: Must cause his dissent to be filed with the meant minutes within a reasonable time after learning of the action.
  4. Is service of process by email permitted in a civil action commenced in NY State courts?: Yes, but only where a court has issued order permitting service of process by email.
  5. Unless the court sets a specific date, the expiration of the time period for which a party may file a motion for summary judgement is measured from the date:: The note of issue was filed.
  6. If a non-resident commences an action against a D who has a condo in NY county, but travels to Columbia County to their farmhouse every weekend, the D's residence for the purpose of venue would be:: Either Columbia County or NY County.
  7. The proper venue in an action against a municipality is:: The

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  1. If a party serves an order that is signed by the judge but has not been entered by the clerk, the time to file an appeal from that order:: Has not yet begun.
  2. In a civil action, the deposition of an opposing party's expert:: Only permitted in any case upon agreement of all parties.
  3. If in response to a notice for discovery and inspection a corporation produces documents it authored, when offered into evidence by an adverse party, the documents are:: Presumed to be authentic, but are not necessarily admissible.
  4. The time to perfect an appeal to the Appellate Division runs from the date the notice of appeal was filed and is:: Six months, but a dismissal for failure to timely perfect may be vacated.
  5. A New York court applying a conflict of law analysis in an action brought in New York by a New York resident against a nonresident must first determine:- : Whether there is an actual conflict between the laws of New York and the other jurisdiction that governs the parties' dispute.
  6. State X law imposes tort liability on an actor for particular conduct. New York does not regulate the conduct at issue. In an action in New York between New York residents to recover damages for injuries sustained in an accident in State X, which injuries were caused by the defendant having engaged in the particular activity, the law of which State will apply in determining liability?: State X, because the State in which the accident took place is conduct-regulating.

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  1. If conflict commenced in NY between New Yorkers for an accident that happened in State X, apply the law of:: NY law because law is loss allocating and the residents are both from NY.
  2. In an action in New York for breach of an employment contract, a New York court will always apply the law of:: The jurisdiction with the most significant contacts with the matter in dispute.
  3. A testator executed her will in New York while domiciled here. If the testator subsequently dies in State X while domiciled there, owning real property in New York and personal property in State X, the law of which state will determine the disposition of the testator's estate?: New York as to the testator's real property and State X as to the testator's personal property.
  4. May an infant, whose parent signed a contract permitting the use of the infant's photographs for publicity purposes, disaffirm the contract once she

7 / 73 was subsequently fired for objecting to unethical conduct have a viable cause of action for wrong- ful termination against the law firm?: Yes, because there is an implied duty of good faith on the part of the law firm that limits the law firm's right to terminate the employment of an attorney for objecting to allegedly unethical conduct.

  1. In a breach of contract action, extrinsic evidence is admissible:: To explain the meaning of an agreement only if the court determines that the agreement is ambiguous on its face.
  2. Which one of the following statements is not true regarding a constructive trust? OPTIONS A) It is an equitable remedy for purpose of preventing unjust enrichment. B) It generally requires a promise to hold property in trust for another. C) It generally requires a wrongful act. D) It generally requires a confidential or fiduciary duty.: ANSWER C) It generally requires a wrongful act.
  3. Ignorance of the law:: Is never a defense to any criminal charges.
  4. A person who caused the death of another person while driving while intox- icated would most likely be charged with:: Criminally negligent homicide.
  5. Which of the following is not considered an affirmative defense to a criminal charge: OPTIONS

8 / 73 A) Entrapment B) Renunciation C) Duress D) Justification: ANSWER D) Justification

  1. A showing that the defendant charged with murder in the second degrees was experiencing an extreme emotional disturbance at the time he committed the crime:: Could be a basis for reducing the murder charge to a manslaughter charge.
  2. The defense of entrapment:: Must be proven by the defendant by a preponderance of the evidence.
  3. The District Courts located on Long Island have criminal jurisdiction over:: - Misdemeanors and violations only. tt
  4. If, while a case is being presented in a town court the defendant is indicted, the case:: Will be transferred to County Court.
  5. A charge of vehicular assault in the second degree may arise from any of the following activities, except:: Driving a motor vehicle while talking on a cell phone.
  6. A charge of vehicular assault in the second degree may arise from any of the following activities except: OPTIONS A) Driving a boat while under the influence of drugs. B) Driving a snowmobile while intoxicated.

10 / 73 B) New York recognizes marital rape. C) Conviction may not be based solely on the testimony of the victim. D) Intoxication is not a defense.: ANSWER C) Conviction may not be based solely on the testimony of the victim.

  1. The lack of consent by the alleged victim of a sex crime may be based on any of the following circumstances, except the victim being:: 17 years old
  2. If an officer on patrol uses his car lights and his siren to block the path of a suspect's vehicle, does it constitute an unlawful seizure?: Yes, under NY seizure, not under Federal seizure.
  3. Under New York Law, if an officer on patrol uses his car lights and his siren to block the path of a suspect's vehicle, does it constitute an unlawful seizure?: Yes, if a reasonable person would have believed the oflcer's conduct was a significant limitation on his freedom.
  4. A pre-trial hearing held for the purpose of determining whether a witness's identification is correct and the police procedures that were used were not unduly suggestive is known as a:

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OPTIONS

A) Wade hearing B) Sandoval Hearing C) Huntley hearing D) Mapp hearing: ANSWER A) Wade hearing

  1. All following types of identifications, if not unduly suggestive, are admissible as evidence in a criminal trial except:: A photo array where the police know the identify of the suspect.
  2. A pre-trial hearing held for the purpose of reviewing the manner in which police obtained statements from the defendant and if the statements were voluntary is known as a:: Huntley hearing
  3. Which one of the following statements regarding the rules of evidence is false? OPTIONS A) Evidence that is prejudicial is evidence that is likely to confuse or mislead the jury or cause the jury to decide the case on an erroneous ground or cause undue delay. B) Evidence is relevant if it tends to prove or disprove a material fact. C) A trial judge must exclude any evidence that is prejudicial, even if it is otherwise probative. D) The purpose of rules of evidence is to ensure that the jury will hear all pertinent, reliable and probative evidence that bears on

13 / 73 in liming and the defense must be given an opportunity to respond. D) If a court determines to admit prior bad act evidence, the court must give the jury a limiting instruction.: ANSWER A) Inadmissible Hearsay, probative. EXPLANATION Hearsay evidence is not admissible even if probative. It does not matter if the source of the bad act evidence is otherwise inadmissible hearsay if the court determines the probative value outweighs the potential for prejudice.

  1. An attorney may impeach the credibility of the opposing party's witness with the introduction of extrinsic evidence in all of the following circumstances except:: To discredit the witnesses's credibility on an immaterial issue.
  2. May a police officer testify in a criminal trial that, when he responded to a hit and run accident and asked the victim which way the driver sped off, the victim pointed in the direction of the defendant's travel? OPTIONS A) Yes, because the victim's response was non-verbal and thus not hearsay. B) Yes, because it falls under the admissions exception to the hearsay rule. C) No, if offered to prove in what direction the defendant fled. D) No, regardless of the purpose for which it is offered.: ANSWER C) No, if ottered to prove in what direction the defendant fled.

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  1. To qualify under the admissions exception to the rule against hearsay, the statement:: Must be a statement of a party opponent.
  2. Under the speaking agent rule in New York:: A statement made by an authorized agent is binding on the principal as an admission, only if the agent had authority to speak on the matter on behalf of the principal.
  3. Both the excited utterance and present sense impression exceptions to the hearsay rule require that:: Declarant has personal knowledge of the event.
  4. Which one of the following statements concerning expert testimony is false? OPTIONS A) An expert relying on facts in the record of the trial is not required to lay out those facts before stating her opinion, but must state those facts on cross-examination. B) An expert relying on facts based on her personal knowledge which are not in the record in the trial must lay out those facts before stating an opinion. C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right. D) An expert relying on hearsay evidence must show that the information is reliable or the source of the information is available for cross-examination.: AN- SWER C) An expert may rely on hearsay evidence in stating her opinion only if the hearsay evidence is admissible in its own right.
  5. If a prospective client speaks with an attorney about the

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  1. The granting of a divorce on the grounds of irretrievable breakdown of marriage is:: Only permitted if all economic issues, including equitable distribution and support, and all issues regarding custody and visitation of any children have been resolved.
  2. During a marriage, a wife deposits money gifted to her by her mother into a joint account. At the time of divorce, the wife claims that the gift was to her only, and would like the funds to be considered separate property. Who has the burden of proof?: The wife because she is the one who is claiming the property is separate.
  3. Is a complaint in a divorce action required to be verified?: Yes, unless the ground/claim for the divorce is adultery.
  4. A divorced spouse wishes to seek a downward modification of his child support obligation because his income has been reduced. Modification may be granted by the reason of the reduced earnings only if:: The gross income of the spouse seeking modification has been reduced by 15% or more since the order was entered.
  5. What is the earnings cap for the basic child support formula under the Child Support Standards Act?: $148,
  6. All of the following persons may properly file an action to establish paternity in Family Court except:: Social Services, on behalf of the Father.
  7. Which of the following statements regarding establishing paternity of an out-of-wedlock child is false? OPTIONS A) Paternity may be established either by an order of filiation or an

17 / 73 acknowl- edgement of paternity.

19 / 73 lawyers regard- ing scheduling matters as long as the client's rights are not prejudiced. D) A lawyer may refuse to participate in conduct that the lawyer believes is unlawful, even if the client disagrees.: ANSWER B) A lawyer is obligated to zealously represent a client.

  1. The comments to the Rules of Professional Conduct are:: Non- binding suggestions for interpretations issued by the New York State Bar Association.
  2. An attorney may NOT reveal a client confidence: OPTIONS A) To another attorney in a confidential communication to gain ethical advice. B) To collect a fee. C) To respond to the client's criticism of the attorney on a website. D) To prevent reasonably certain death.: ANSWER C) To respond to the client's criticism of the attorney on a website.
  3. In a legal matter where a conflict of interest may be waived by a client under the Rules of Professional Conduct, is it necessary to confirm the waiver in writing?: Yes, either the client or the lawyer must confirm the waiver in writing.
  4. In the process of representing an organization, one of its constituents provided the lawyer with confidential information that is protected by the attorney-client privilege. The privilege can be waived:: Only by the organization, because the privilege belongs to the organization.

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  1. Under the New York Rules of Professional Conduct, an attorney in possession of funds belonging to a client in connection with the attorney's practice of law:: May not commingle the funds with the lawyer's own funds, but must hold the funds in a bank that agrees to provide a dishonored check report to the Lawyer's Fund for Client Protection.
  2. For what period after the events they record is a lawyer required to maintain records of deposits, withdrawals, and disbursements of funds that concern the lawyer's practice of law?: Seven years.
  3. The rules for lawyer advertising contained in the Rules of Professional Re- sponsibility:: Applies to both public and private communications.
  4. Pursuant to the Rules of Professional Responsibility, a lawyer may not act dishonestly by making a misrepresentation of fact to another:: Whether or not in the practice of law, representing a client, or dealing with a third person.
  5. An attorney who is experiencing problems with chronic stress, depression, alcohol or substance abuse or other addictions may obtain confidential and free assistance from which one of the following agencies:: The State Bar Lawyer Assistance Program.
  6. By paying the attorney registration fee, an attorney is contributing to which one of the following organizations?: The New York Lawyer's Fund for Client Protection.
  7. In order for a lawyer to accept a referral fee from another lawyer who is not associated with his firm:: The client must be apprised of the referral fee and agree to it.