NY Law Exam First Quiz

When may an administrative agency make a rule or regulation?

Only if the legislative branch expressly authorizes that rule.
Only if the governor expressly authorizes such a rule.
If the rule is consistent with a statute generally authorizing the rule.
If the rule is consistent with a statute generally authorizing the rule and there is clear and convincing evidence the rule will substantially further an important public policy.

What is an enabling legislation?

A statute authorizing an administrative rule or regulation.
An administrative rule or regulation authorizing a statute.
A judicial decision approving an administrative rule or regulation.
A statute prohibiting a rule or regulation inconsistent with the purpose of the statute.

When might a court strike down an administrative rule ?

If the rule is not narrowly tailored to achieve a vital government interest.
If the administrative agency establishes a rule to achieve its own policy goals.
If the rule was published in the State Register but not on the agency’s website.
If the rule was published prior to its adoption and the public gained access to it.

Which of the following are requirements before adoption of an administrative rule?

Statement of the statutory authority of the rule
Publication of the full text of the proposed rule
Notice of the date, time, and place of any public hearings
All of the above

Which of the following is true concerning the requirements before adoption of an administrative rule?

The public must be provided an opportunity for written comments but public hearings might not be required
Public hearings must be held but written comments might not be required
Neither a public hearing nor an opportunity for written comments from the public s ever required
Public hearings and an opportunity for written comments from the public are both always required

What is usually required in the notice of adoption of an administrative rule?

The same information required in the notice of the proposed rule.
Much of the same information required in the notice of the proposed rule, such as the text, as well as an assessment of the public comments, and the effective date.
A copy of the public comments received on the proposed rule.
The effective date of the rule and a copy of the public comments on the proposed rule.

Where are administrative rules published?

State Register
NYCRR
(a) and (b)
CPLR

Which of the following most likely qualifies as an administrative adjudicatory proceeding?

A public hearing on a proposed rule.
An agency hearing on employee discipline
Both (a) and (b)
A hearing on a liquor license

Which of the following is required of an adjudicatory hearing?

There must be a record and the hearing must take place before a judge (or retired magistrate)
There must be a record and the hearing must take place before an impartial officer qualified to administer oaths and issue subpoenas.
There need not be a record but the hearing must take place before an impartial officer qualified to administer oaths and issue subpoenas.
There must be a record but there are no formal requirements concerning who may preside over the hearing provided that person is an adult and impartial.

Which of the following is true regarding a final determination at an adjudicatory proceeding?

The final determination must be in writing with findings of fact and the reasons for the decision.
The final determination must be in writing, signed, and notarized with a certification of authenticity.
The final determination may be written or oral, provided any oral decision be recorded and stored on a secure server.
The final determination may be written or oral.

How can a pro se party compel the appearance of a witness at an admnistrative hearing?

Parties at a hearing have the same power to issue subpoenas as an attorney.
A court will assign the party an attorney to issue subpoenas on her behalf.
The officer presiding at a hearing can issue subpoenas at a party’s request.
The party should request a declaratory judgment from New York Supreme Court.

Who has standing to appeal an administrative decision?

The party that received the unfavorable decision.
A party that has a stake in the outcome of the proceeding, even if it was not a participant.
(a) and (b)
A party that received the unfavorable decision and if a natural person, that person’s immediate family members.

What test do New York courts apply to determine standing to appeal an administrative determination?

To have standing a party must suffer severe economic injury as a result of the decision and have a credible belief that it will suffer subsequent injuries.
To have standing to appeal an administrative decision, a party mst suffer some harmful economic or non-economic effect; and the interest it seeks to protect must be within the zone of interest protected by the statute under which the agency acted.
To have standing to appeal an administrative determination, party need only show that that it is situated in such a manner that it has a credible fear of similar administrative decisions.
To have standing a party must be a permanent resident of New York for at least five continuous years.

When may a party challenge an administrative action without exhausting administrative remedies?

Never
Always
If an agency officer violated a constitutional right during a hearing.
If the statute underlying the administrative action is unconstitutional

What is the typical procedure to challenge an agency determination under NY law?

CPLR 302
CPLR Article 78
CPLR 301
SAPA 5000

Which of the following is subject to judicial review of an administrative action?

Whether an administrative determination was based on substantial evidence.
Whether an administrative agency’s interpretation of a statute had a rational basis
Whether an administrative agency determination of fact after a formal hearing was correct.
(a) and (b) are both correct

What types of administrative meetings must be held in locations open to the general public on reasonable notice?

Administrative judicial proceedings
Administrative executive sessions
All meetings must be public with limited exceptions such as (a) and (b) above.
No meetings need be public, with limited exceptions such as (a) and (b) above.

How is a corporation formed under NY law?

By filing a certificate of incorporation with the Secretary of State
By publishing a certificate of incorporation in a newspaper
By publishing a certificate of incorporation in a news paper and providing for public comment on the same by any reasonable method
By filing a certificate of incorporation and a copy of bylaws with the Secretary of State

What is the default method to amend a by-law?

By vote of the board of directors
By vote of the board of directors and shareholders
By vote of the shareholders
By application to the Secretary of State

For corporations formed after Feb. 22, 1998, what is required for approval of a merger or disposition of all assets of a corporation?

Two-thirds approval of all outstanding shares
Majority approval of all outstanding shares
Two-thirds approval from the board of directors
Majority approval from the board of directors

Under which circumstances does NY law provide that shareholders may seek dissolution of a corporation?

By more than 20% of outstanding voting shares based on deadlock and by more than 50% of the outstanding shares of a non-publicly traded company based on oppression.
By 50% or more of outstanding voting shares based on deadlock and by 20% or more of the outstanding shares of a non-publicly traded company.
By petition filed by an outside director of a corporation based on clear and convincing evidence.
By petition filed by an outside director for any reason.

Which best describes when a corporation or dissenting shareholder may petition the courts based on a shareholder’s appraisal rights?

If the corporation is imminently poised to engage in a decision that the shareholder opposes
After the corporation engages in a decision that the shareholder opposes
Any time for cause
After filing a notice of election if the shareholder and the corporation fail to agree on fair value for the shares.

What is the default method to remove a director of a NY corporation?

By vote of directors with cause
By vote of directors with or without cause
By vote of shareholders for cause
By vote of shareholders with or without cause

Under NY law, what is the default minimum to constitute a quorum of the board of directors to vote on a corporate business decision?

Two-thirds of the entire board but the corporate by-laws or certificate of incorporation may fix the quorum at not less than one-third.
Two-thirds of the entire board but the corporate by-laws or certificate of incorporation may fix the quorum at not less than one-half
A majority of the entire board but the corporate by-laws or certificate may fix the quorum at not less than one-third.
Two-thirds of the entire board

Absent a contrary provision in the certification of incorporation or by-laws, when may a board take action without a meeting under NY law?

By approval of a two-thirds majority of the shareholders
By written consent of all members of the board to the action
By written consent of two-thirds of the members of the board
If consent is provided by the board in a commercially reasonably manner

Which of the following is a correct legal result if a director fails to disclose a substantial interest in a transaction and is present at the meeting approving such transaction?

The transaction is voidable unless the parties involved in the transaction establish that the transaction was fair and reasonable to the corporation at the time of approval.
The transaction is void unless the parties involved in the transaction establish that the transaction was fair and reasonable to the corporation at the time of approval.
The transaction is void.
The transaction is voidable at the discretion of an objecting shareholder.

Which of the following is a correct legal result if there is an insufficient number of disinterested directors to approve a corporate act?

The transaction may not be approved.
The transaction may be approved but only by vote of the shareholders.
The transaction may be approved by the Secretary of State if the interest is disclosed to the Secretary of State in good faith.
The transaction may be approved by unanimous vote of the disinterested directors if the interest is disclosed in good faith.

What is the default method to elect and remove officers of a NY corporation?

By the board with or without cause
By shareholders with or without cause
By the board with cause
By shareholders with cause

Which of the following best describes NY’s business judgment rule?

Directors and officers are personally liable for decisions that cause the corporation to suffer significant financial losses
Directors and officers are not personally liable for decisions made in good faith with the degree of care an ordinarily prudent person in a like position would use under similar circumstances.
Directors and officers are not personally liable for decisions made in good faith provided such decisions are based on expert reports prepared by persons who would normally be competent to testify as an expert in a court.
Directors and officers are not liable for decisions they make provided their decisions were made with the intention of benefitting the corporation’s normal business goals.

How many members are required to form a New York LLC?

At least two
At least three
At least one
No statute exists but courts generally require a reasonable number of members

What document forms a New York limited liability company?

Articles of establishment
Articles of organization
Articles of incorporation
By-laws

By default, who manages an LLC?

Manager
Directors
Officers
Members

What distinguishes a New York PLLC from a New York LLC?

PLLC members are licensed by law to render a professional service.
PLLCs do not need file articles of organization
PLLCs must file the certificates of authority for licensed individuals with the articles of organization and an operating agreement.
Both (a) and (c)

Which is most accurate concerning the requirements to form a limited partnership under NY law?

At least two general partners and one limited partner should execute a partnership agreement, file a certificate of limited partnership with the Secretary of State, and the limited partnership must meet the publication requirements of an LLC.
There must be at least one general partner and one limited partner, the certificate of limited partnership must be filed with the Secretary of State, and the limited partnership must satisfy certain publishing requirements.
There are no limited partnerships under NY law.
The general partners and limited partners must execute a partnership agreement and designate a board of directors.

What are the naming requirements of a registered limited liability partnership?

None.
Fully write out Registered Limited Liability Partnership or R.L.L.P., RLLP, L.L.P. or LLP
None, provided the RLLP does not designate itself as a School or similar names that require authorization
R.LLP or (R)LL.P

What are the liabilities of limited partners?

Limited partners are not liable for partnership obligations provided they do not participate in management of the partnership.
Limited partners are liable for obligations of the partnership, unless otherwise provided in the partnership agreement.
Limited partners are liable for partnership obligations up to $500,000.
Limited partners are liable for negligence of general partners but not intentional misconduct.

Which of the following correctly places courts in order from trial courts to highest appellate court?

Circuit Court, Appellate Division, Supreme Court
District Court, Appellate Division, Supreme Court
Supreme Court, Appellate Division, Court of Appeals
Court of Chancery, Court of Appeals, Supreme Appellate Division

What is the scope of liability for a professional in a professional service limited liability company?

His own actions
His own actions and those under his supervision and control
His own actions and those of other professionals in the company
His own intentional misconduct

What is the jurisdiction of New York’s commercial division?

Appellate cases involving business disputes
Trial court cases involving a commercial dispute over a certain monetary threshold
Appellate cases involving one or more entity incorporated under New York’s business law
Trial court cases involving at least one business entity incorporated under a law other than New York

In which court should a plaintiff file a tort claim against the State of New York?

Supreme Court
Chancery Court
Court of Claims
Appellate Division

Which court in NY has original jurisdiction over divorce proceedings?

Supreme Court
Family Court
Surrogates Court
Court of Appeals

What is the general time limit for service after filing an action in NY?

30 days
120 days
90 days
Any reasonable time under the circumstances

What is proper personal service on an LLC under NY law?

Through personal service on all members
Through personal service on a member, or a manager (if the LLC appointed managers), or on the Secretary of State or a registered agent.
By publishing notice of the lawsuit.
The requirement to serve process on an LLC is waived if the LLC is formed under New York law.

When will a NY court assert general person jurisdiction over a business entity?

If a lawsuit’s allegations arise from the entity’s contacts with New York.
If the business entity regularly conducts business in New York.
If the plaintiff regularly does business in New York.
Usually only if the business is incorporated in New York or its principal place of business is New York.

When will a NY court assert specific jurisdiction over an out-of-state defendant based on a tort committed outside the state?

If damages occur within New York and the defendant regularly conducts business within NY, or should expect consequences of his tortious act o occur in NY and defendant regularly engages in interstate commerce.
If plaintiff is a citizen of New York
If damages occur outside of New York and the defendant regularly conducts business within New York.
if the tort is related to a fraudulent statement.

If plaintiff is a resident of Erie County and defendant is a resident of New York County where is venue proper for a civil action in NY?

Erie County
New York County
Erie or New York
Any county designated by plaintiff

If plaintiff’s claim against David is timely, but her against Darren claim is untimely, can plaintiff allege a claim against both David and Darren?

No.
Possibly, under the united-in-interest doctrine.
Yes.
Possibly, if David has not raised a statute of limitations defense.

What is the statute of limitation for a personal injury in New York?

Six years
Five years
Three years
Nine years

Under what circumstances may an action for medical practice be tolled in New York?

Under the continuous treatment doctrine.
Under the united interest doctrine.
Never.
If plaintiff asserts a claim against a medical professional whose license was revoked.

How does a defendant make an appearance in a civil action in NY?

By answering.
By a notice of appearance.
By a motion.
(a), (b), and (c) are correct.

Plaintiff sues defendant for breach of contract. What is the legal result if defendant does not counterclaim for breach of the same contract?

Defendant loses his right to assert this mandatory counterclaim.
The court will assert the claim on his behalf.
The claim is preserved because there are no mandatory counterclaims in NY.
The claim is preserved if defendant appeals any adverse verdict.

What is the time to amend a pleading as of right in NY?

Within 20 days after service or within 20 days of a pleading responding to it.
Within 30 days after service or within 30 days of a pleading responding to it.
Any time before a response to the pleading is due.
(a) and (c) are both correct.

What is the effect of a demand for a bill of particulars in a negligence action?

No response is needed.
The bill of particulars must be verified.
The bill of particulars must include sufficient documentation establishing liability by a preponderance of the evidence.
The bill of particulars must be certified by the court.

When must necessary parties be joined in a NY action?

If complete relief cannot be granted without them and they are subject to the court’s jurisdiction.
If complete relief cannot be granted without them.
If the parties have a vested interest in the outcome of the litigation.
If the necessary party is a defendant.

Of the following, when is a party most likely likely to prevail on a motion for attachment.

To secure a potential judgment.
To secure a potential judgment, often if the adversary has secreted assets with the purpose of defrauding creditors or frustrating a judgment.
To secure a potential judgment, usually if plaintiff is a non-domicilliary.

Of the following, which might typically requires an undertaking?

A complaint
A motion for summary judgment
A counterclaim
A motion for a preliminary injunction.

Of the following, when is a preliminary injunction least likely to be granted?

To prevent defendant from destroying the value of the subject of the lawsuit.
To prevent defendant from continuing to engage in the same conduct that allegedly injured plaintiff in the first place.
To maintain status quo in an action solely for money damages.
To preserve the status quo where failure to do so would result in irreparable harm to plaintiff.

Which of the following would be a likely result from the filing of a notice of pendency in a lawsuit?

From the time of the filing and for five years after the lawsuit ends, any mortgagee or transferee of the property would be unable to claim to be an innocent purchaser for value.
From the time of the filing until the lawsuit ends, the property could not be transferred.
From the time of the filing and for five years after the lawsuit ends, any mortgagee or transferee of the property would be a per se innocent purchaser for value.
From the time of the filing until the lawsuit ends, any mortgagee or transferee of the property would be unable to claim to be an innocent purchaser for value.

Of the following, which may be granted without notice?

Preliminary injunction
Temporary restraining order
Motion to compel
Motion for attachment

When is a notice of pendency appropriate?

If a judgment demanded would affect title to, possession, or use of of real property.
If a judgment demanded would affect title to or possession of property, including real property.
If a judgment would, more likely than not, result in a party being unable to satisfy the full amount of money damages demanded in the complaint.
If a judgment would, by clear and convincing evidence, require a party to sell property in his possession to satisfy the judgment.

Which of the following defenses are waived if not raised in a pre-answer motion to dismiss or defense in an answer?

Lack of legal capacity to sue, res judicata, statute of limitations, failure to join a necessary party.
Lack of legal capacity to sue, res judicata, statute of limitations, lack of subject matter jurisdiction.
Lack of legal capacity to sue, res judicata, statute of limitations, release.
Lack of legal capacity to sue, res judicata, statute of limitations, failure to state a cause of action.

What is typically the earliest time allowable make a motion for summary judgment?

At joinder of issue (service of answer)
After note of issue (parties arrange for court to calendar the case for trial)
After discovery is complete
120 days after service of defendant’s answer

Which of the following is probably insufficient to defeat a motion for summary judgment?

A genuine issue of material fact as to the meaning of a relevant document.
A court’s determination that the record reflects a dispute as to material facts.
An attorney’s affidavit based on her reading of the complaint as to material facts that are in dispute.
A party’s affidavit based on personal knowledge showing material facts that are in dispute.

Which of the following is required before a judge rules on the first motion filed in a case?

An affidavit
A declaration
A Request for Judicial Intervention
Note of Issue

What is the scope of permissible discovery in New York?

All matters material and necessary for the prosecution or defense of an action.
All matters reasonably calculated to lead to the discovery of admissible evidence.
All matters material and necessary to prove liability by a preponderance of evidence.
All matters other than those subject to the attorney-client privilege.

Under NY law who may issue a subpoena?

Clerk of the court or a judge
Clerk of the court, judge, or attorney of record for one of the parties
Clerk of the court, judge, or jury members
Clerk of the court, judge, or Secretary of State

On what grounds should a court issue a protective order?

To prevent disclosure at the discretion of the court.
To prevent disclosure that would cause unreasonable annoyance, expenses, harassment, disadvantage, or other prejudice.
To prevent disclosure that would be likely to cause extraordinary prejudice under all the circumstances.
To prevent disclosure based on a showing by any party that such disclosure should be disclosed only after trial.

In which types of cases are interrogatories prohibited?

If a bill of particulars is demanded and in any action predicated on fraud.
If a bill of particulars is demanded any in any action predicated on breach of a contract.
If a bill of particulars is demanded and in any action seeking damages for personal injury, property damage, or wrongful death predicated on negligence.
If a bill of particulars is not demanded and in nd in any action seeking damages for personal injury, property damage, or wrongful death predicated on negligence.

When is an Article 78 proceeding appropriate?

To determine whether an administrative officer failed to perform a duty required by law
To compel arbitration
To enjoin a party from commencing an arbitration
To compel a party to appear for a deposition

On what grounds may a court issue an order of attachment or preliminary injunction in connection with an arbitration?

To compel participation in the arbitration.
To remove an arbitrator.
To prevent an award to which the movant is entitled from being rendered ineffective absent such relief.
To ensure that the an award issued by the arbitrator is just and supported by clear and compelling evidence.

Under NY law, what are grounds for judicial review of an arbitration award?

The arbitrator made an error of law or fact.
The prevailing party procured the award through misconduct or fraud.
The arbitrator was partial, unless the award was based on confession.
(b) and (c)

If a party did not participate in an arbitration proceeding, what are additional grounds to vacate an arbitration award?

The parties did not agree to arbitrate, non-compliance with the arbitration agreement, the statute of limitations expired
The arbitrator was a non-attorney, the parties are not citizens of New York, the statute of limitations expired
The arbitrator was not a judicial officer, the parties are not citizens of New York, the statute of limitations expired
The arbitration agreement was not signed in New York, the arbitration did not take place in New York, the statute of limitations expired

What is a summary jury trial?

A procedure whereby a jury rules of motions for summary judgment.
A procedure whereby a jury renders a verdict at the close of discovery.
A form of alternative dispute resolution in which parties present a concise version of their case to a mock jury which renders a non-binding verdict.
A form of alternative dispute resolution in which parties present a concise version of their case to a jury which renders a choice of three verdicts from which the judge can select a binding verdict.

Which of the following accurately states when a party is entitled to a jury trial in NY?

On claims for money damages only, provided the right to a jury trial has not been waived.
In actions for an ejectment, provided the right to a jury trial has not been waived.
In an arbitration.
(a) and (b)

How many jurors typically serve in a NY civil trial?

Five
Six
Nine
Twelve

Which of the following accurately describes differences between peremptory challenges and challenges for cause?

Parties have unlimited peremptory challenges but limited challenges for cause based on juror lack of sophistication
Parties have limited numbers of peremptory challenges and unlimited challenges for cause based on juror inability to be impartial
Parties have limited numbers of peremptory challenges and unlimited challenges for cause based on juror availability
Parties have unlimited peremptory challenges and limited challenges for cause based on juror inability to be impartial

Are evidentiary rulings appealable in New York?

Yes
Yes, if there was an objection.
Yes, if there was no opportunity to object.
(b) and (c) are correct.

What is the time to appeal as of right in New York?

30 days from judgment
30 days from service of the judgment on the appellant and written notice of its entry
30 days from actual or constructive knowledge of a final order and 60 days from actual knowledge of a final judgment
30 days from either an order or judgment

How does a party take an appeal in New York?

By notice to the appellate division.
By notice to the appellate division and filing with the Court of Appeals.
By notice to the adverse party and filing with the court that entered the judgment appealed from.
By filing a writ of petition with the appellate division.

When may a party appeal as of right to the Court of Appeals?

Never
On a final judgment that directly involves construction of the New York or United States Constitution
From a final decision in which two justices in the appellate division dissented
(b) and (c) are correct

Where would an appeal from a trial court in Manhattan most likely be heard?

Appellate Division, First Department
Appellate Division, Fourth Department
Court of Appeals
Supreme Court

What cases are heard in New York’s Commercial Division?

Business disputes involving diverse parties
Business disputes that reach a certain monetary threshold
All business disputes
All business disputes provided the parties are residents of New York State

Which of the following actions would belong in New York’s Court of Claims?

A tort claim against the State of New York
A tort claim by the State of New York against the State of California
A tort claim by a non-domiciliary against another non-domiciliary
A contract claim by a non-domiciliary against another non-domiciliary

What is the time for service in New York?

Any time prior to filing the complaint
Within 120 days of filing the complaint
Within 60 days of filing the complaint
Before the statute of limitations expires

On what grounds can a party move to extend the time for service?

Good cause
Interest of justice
Both a and b
Force majeure

When is service by affixing and mailing appropriate?

When the defendant is a non-domiciliary
When the defendant is a member of an LLC
When the defendant owns property in New York
When service by personal delivery and delivery and mail cannot be accomplished with due diligence

When is service upon a member of an LLC adequate service?

If the LLC is managed by members
Always
Never
If the LLC is a domestic LLC

When will a New York court assert general personal jurisdiction over a business entity?

If it regularly transacts business in New York
If it regularly transacts business in New York or it has employees in New York
If it is incorporated in New York or its principal place of business is in New York
If it has more than two employees in New York and regularly transacts business within 45 miles of New York

Which of the following is a basis for long arm personal jurisdiction in New York?

If a defendant’s principal place of business is in New York
If a defendant commits a tortious act outside New York and should expect the action to have consequences in New York
If a defendant commits a tortious act outside New York and should expect the action to have consequences in New York, and the defendant derives substantial revenue from interstate commerce
If a defendant commits a tortious act outside New York and should expect the action to have consequences in New York, and the defendant derives substantial revenue from commerce with New York

Which of the following is appropriate venue in New York?

Plaintiff or defendants’ county of residence at the time of injury
Plaintiff or defendant’s county of residence at the time of commencement of the action, or the county where a substantial part of the underlying events or omissions occurred.
Plaintiff or defendant’s county of residence at the time of of the injury, or the county where a substantial part of the underlying events or omissions occurred.
Any county designated by plaintiff if all parties are residents of New York

When may a New York court dismiss a case on grounds of forum nonconveniens?

For the convenience of the parties and if the public interest favors dismissal. An alternative available forum is a factor, but not required.
For the convenience of the parties and if the public interest favors dismissal. An alternative available forum is required
If a federal court requests transfer
If a federal court would be more convenient for the parties and the federal government requests transfer

Where is venue appropriate in a trial that would affect title to real property in New York?

County of plaintiff’s residence, defendant’s residence, or where the property is situated
County where the property is located
County of plaintiff’s residence
County of defendant’s residence

Match the cause of action with the appropriate statute of limitations period

Sort elements

Six years
Three Years
2.5 years
One year
Ten Years
Four months
Two years

Breach of contract
Personal Injury
Medical malpractice
Intentional tort
Adverse Possession
Article 78 Proceeding
Wrongful death

Which best summarizes the rule if the statute of limitations runs from discovery of the wrong in New York?

The action must begin within two years of the discovery of the wrong, or the stated limitations period, whichever is longer.
The action must begin within two years of the discovery of the wrong, or the stated limitations period, whichever is shorter.
The action must begin within six years of the discovery of the wrong.
The action must begin within two years of the discovery of the wrong, or the stated limitations period, depending on whether the defendant resides in New York.

Which best express the effect of a disability on a statute of limitations under New York law?

If the disability is a result of infancy the period is tolled one year until after the plaintiff reaches the age of majority.
If the limitation period is at least three years, the period is tolled until three years after the disability ends.
If the disability is a result of insanity, the period is tolled one year until after the disability ceases.
If the disability is a result of insanity or infancy, the statute of limitations is not tolled.

Can an LLC appear pro se in New York?

Yes.
Yes, in a breach of contract case.
No.
No, unless the LLC is law firm.

What affirmative defenses must be raised in a responsive pleading?

All defenses that are the basis of a counterclaim
All defenses that, if not raised, would surprise the adverse party
All defenses supported by a bill of particulars
All defenses supported by a sworn vertification

How must a limited partnership identify itself?

In a manner reasonably calculated to identify itself as a limited partnership.
By identifying itself as a limited partnership in a two newspapers of general circulation.
With the words “Limited Partnership” or the abbreviation “L.P.”
By identifying the names and addresses of the limited partners on a website or in one newspaper of general circulation.

By default, what is the scope of liability for managers of an LLC?

Managers are liable for intentional wrongdoing but are not otherwise personally liable for debts and obligations of the LLC.
Managers are liable for debts and obligations of the LLC owed to members of the LLC.
Managers are liable to the extent identified in the LLC Operating Agreement, otherwise, there is no default liability.
Managers are liable for breach of duties by other managers.

NY Law Exam First Quiz

Quiz Summary

Information

Results

Results

Categories

1. Question

2. Question

3. Question

4. Question

5. Question

6. Question

7. Question

8. Question

9. Question

10. Question

11. Question

12. Question

13. Question

14. Question

15. Question

16. Question

17. Question

18. Question

19. Question

20. Question

21. Question

22. Question

23. Question

24. Question

25. Question

26. Question

27. Question

28. Question

29. Question

30. Question

31. Question

32. Question

33. Question

34. Question

35. Question

36. Question

37. Question

38. Question

39. Question

40. Question

41. Question

42. Question

43. Question

44. Question

45. Question

46. Question

47. Question

48. Question

49. Question

50. Question

51. Question

52. Question

53. Question

54. Question

55. Question

56. Question

57. Question

58. Question

59. Question

60. Question

61. Question

62. Question

63. Question

64. Question

65. Question

66. Question

67. Question

68. Question

69. Question

70. Question

71. Question

72. Question

73. Question