New York Multistate Bar (MBE) Practice Exam

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Under the duty concerning loans to directors, which rule is correct?
Which statement about life estate waste is correct?
Under the original and duplicate concept, which statement is correct?
If the certificate states perpetual duration, what does that mean?
When a private party sues a state official for damages for acts while in office, damages are typically:
SOL for replevin/conversion?
Which item is listed as a possession crime for New York law?
Crossclaims in federal court must arise out of the same transaction or occurrence and are directed against whom?
Termination of marriage in New York is handled in which court?
Under New York law, is a defendant vicariously liable for conspiracy crimes committed by a co-conspirator if the defendant did not participate in the crime?
Which statement about living wills is true?
A Totten trust is created by the depositor naming a beneficiary; the depositor may deposit or withdraw freely. Which statement correctly describes when the beneficiary has a claim?
Detention hearing is not required if which condition is met?
Which two remedies are recognized for alleged breach of contract?
If a waiver is not returned, what must the plaintiff do?
In a seizure proceeding, which is a remedy available to the plaintiff?
What is the notice period for shareholder minutes and lists under NY law?
Which statement about modification of maintenance is true?
In a New York residential building with four or more units, what is true after a sublease?
Which of the following is NOT a requirement for proper execution of a will?
Which is an essential element of negligent misrepresentation?
What is the statute of limitations for professional malpractice actions (non-medical)?
In New York, an answer to a complaint must include denials of the allegations.
Bicameralism and presentation require that a bill
What due process is required to terminate custody?
Botched contraception results in which liability outcome?
Settlement discussions are admissible for which purpose?
Under nail-and-mail service, when is service complete?
The Supreme Court reviews cases via certiorari from which courts?
Discrimination based on wealth is reviewed under which standard?
Privacy tort: which is recognized under federal law but not recognized in New York?
Under the MBE framework, which statement about informants is true?
What does New York law require for party admissions?
Visitation by a non-parent: which statement is correct?
Which statement best describes common law burglary elements as historically understood?
Which statement is true about a registered LLP?
Which of the following is a future warranty in a general warranty deed?
Which toll category imposes a 10-year cap for all causes of action?
Entrustment of goods to a merchant with a good-faith purchaser for value buys them. What remedy does the owner have against the BFP?
Self-defense: when may deadly force be used?
Which degree of NY assault requires no weapon but results in serious injury?
Is there a duty to retreat for police in NY self-defense cases?
In New York civil trials, when may a party request a jury trial?
Under New York specific statute of frauds, which of the following is an exception to the writing requirement?
Which statement correctly describes vehicle searches incident to arrest in the given rules?
Which of the following is an example of intangible collateral?
Under New York law, which inchoate offenses merge?
Which statement correctly describes the essential requirements for the assumption of risk defense to apply?
Under anti-lapse, if the beneficiary has issue, the gift is saved and passes to the beneficiary's issue by representation. Which statement is true about this doctrine?
The dying declaration exception to hearsay in New York is applicable in which type of case?
Under Wharton's Rule, for offenses requiring two or more participants, conspiracy requires at least how many participants?
Which constitutional mechanism extends the protections of the Bill of Rights to the states through the due process framework?
Common law battery requires which mental state?
Which of the following is an element that must be established to obtain a receivership (a provisional remedy)?
Which statement about taxing federal activity is accurate?
In strict product liability, liability extends to which parties in the chain?
Interlocutory appeals following certain motions must be filed within how many days after service of the decision?
If a government contract is burdened by regulation, what standard applies?
Which factor distinguishes NY Robbery in the 1st Degree from the 2nd Degree?
Battery is generally classified as which type of common law offense?
Which of the following describes a futility criterion for demand?
An insane delusion renders a testator without capacity for making a will.
Under New York rules, prior misconduct evidence for impeachment is generally linked to which concept?
Assumption of time-barred debt: is it enforceable without consideration?
What is essential to common law forgery?
To sue for non-economic damages under no-fault, the injury must exceed what amount?
Acceleration of result is a causation concept in criminal law. Which option lists the correct related concept?
How often must you register for the New York bar process?
When advertising a specialty, which disclosure is required?
What is the trial period duration before finalizing an adoption?
The first aggressor rule in NY self-defense provides that the first aggressor cannot use deadly force in self-defense. What is the NY exception to this rule?
Which is an exception to the prohibition on leading questions on direct examination?
Under public policy, non-compete agreements for lawyers are generally disallowed, with exceptions including:
Which of the following is a procedural element in a choice of law framework?
If the defendant counterclaims, what may the plaintiff do?
Which statement about the fundamental right to travel is correct?
Can shareholders remove directors for cause or without cause, and who authorizes removal without cause?
Under NY DMA, may testimony be admitted about communications the decedent had with others?
Under irrevocable offers based on partial performance, which statement is true?
For an adult adopting an adult's child, whose consent is required?
Which of the following is a non-probate asset category not typically a transfer by operation of law or contract?
What best describes the scope of executive privilege?
Which statement accurately describes express warranties in the sale of goods under the UCC?
What is the function of an attestation clause in a will?
Discharge of not due or disputed debt requires what?
What is required to enforce transfer restrictions against third parties?
Which statement is NOT part of Miranda content rights?
What form must a waiver of the elective share take?
Which event dissolves a partnership?
Profane words are generally allowed, except in which contexts?
In nuisance law, what does the balance of benefits refer to?
Under NY law, a voting proxy is revocable unless the agent has an interest. Which statement is correct?
In an impleader, service of the third-party complaint must be completed within how many days of filing the third-party complaint?
Under contract law, for a breach involving the sale of unique goods, which remedy is typically available?
In non-carrier delivery, when does the buyer obtain possession if the seller is a merchant?
The traditional vested-right test is primarily based on which concept?
Which defense may bar an adultery-based divorce claim?
Which statement best describes the parol evidence rule as it relates to supplementation of a written contract?
Consequential damages are damages that are foreseeable results of the breach.
For NY Arson 4th Degree, which statement is true?
Which scenario illustrates the complete performance exception to the statute of frauds?
Rational basis scrutiny often applies to which area listed below?
What standard is required in New York for references to extrinsic writings by incorporation?
Which statement about actual and express authorization is accurate?
Under SOL toll for wrongful death claims, the toll is how long from death if survival claims are timely upon death?
Under the Commerce Power, Congress may regulate which of the following?
In a secured transaction, what must be paid to redeem collateral before a foreclosure sale?
For an insurance policy, which law governs in the absence of an explicit choice of law, according to the material?
The NY newsworthiness exception for appropriation is interpreted broadly.
Termination of a trust by the settlor with consent requires the consent of:
Under NY Bargain and Sale Deed, what does the grantor guarantee?
Under common law, possession can be established by which means?
Under New York law regarding the unborn child, which statement is correct?
Freeze-out actions require which elements to be present?
In a criminal case, affirmative defenses require the defendant to prove them by
Under NY premises liability, the status of local ordinances as evidence of breach is?
What is the correct presumption for a revocable trust and what must be done to make it revocable?
Which modification to a will constitutes a valid 7-point formal change?
Under unilateral mistake, the contract is still valid when:
In a joint account with survivorship, on the death of one holder, what happens to the deceased's share?
Under Section 5 of the Fourteenth Amendment, Congress may
In a destination contract, when does risk of loss pass to the buyer?
Amendment after the time to respond has expired is proper only if there is no irreparable injustice.
Which statement best describes the attractive nuisance doctrine?
Under MBE, which pair of inchoate offenses merges and which remains separate?
Which of the following would cause a surviving spouse to lose the elective share due to marital status?
In public or limited public forums, which standard applies to content-based regulations?
In a shareholder derivative action, when might the recovery go to the shareholder rather than the corporation?
Under NY law, which offenses qualify as BRAKES for felony murder?
Which of the following is typically a separate asset for division of property?
Which statement is an element of trade secret protection?
What is the SOL for victims of non-serious crimes v. convicted criminals in civil actions?
A lucid interval is sufficient to establish testamentary capacity.
In cumulative voting for directors, which formula determines the minimum shares to win one seat if there are s seats?
Under fruit of the poisonous tree, Miranda-violated confessions: physical evidence derived from them is...
The presumption that a marital husband has custody of a non-biological child is valid under which constitutional privacy concept?
Under a race-notice statute, which condition must be satisfied for a BFP to prevail?
In common law self-defense, the use of force must be
When proving foreign law, which method is commonly recognized?
A private express trust may designate which type of beneficiary?
Under New York rules, direct examination may show the basis for an expert's opinion.
Which statement correctly describes a Bona Fide Purchase (BFP) for recording purposes?
Which trio constitutes core requirements for a valid search warrant?
Which statement about common law accomplice liability is true?
If a party is indispensable and cannot be joined, the court may:
Under common law, when a party substantially performs, what is the result?
Which of the following is an express trust type?
In NY Grand Jury proceedings, may the defendant testify upon request?
Under the good faith saving provision, which scenario would typically defeat the good faith exception?
An excited utterance requires that the statement be made:
In an installment contract, a buyer may reject an installment only if:
In an executory interest, if the future interest divests the grantee's interest, it's called:
Which issue is not waived and can be raised at any time in federal court?
Gifts of shares in a publicly traded company are generally treated as general gifts rather than specific gifts.
In impeachment, which is an intrinsic (direct) attack on credibility?
A premarital agreement is valid if it satisfies which elements?
During preliminary questions, who decides conditional relevance such as the authenticity of documents?
For real evidence of a unique item, what is the foundation?
Which restraints on alienation are valid under modern law?
Which principle governs modification of a trust by someone other than the settlor?
Under New York law, is duress a defense to homicide?
Which statement is true about the double world scenario in New York privacy law?
Is impossibility of the underlying crime a defense to conspiracy?
In New York, a negative bequest is treated as valid and distribution may continue. Which statement about its effect is correct?
Under SOL toll for survival claims, if the claim remains timely upon death, the toll lasts for how long?
For the statement against interest exception, which condition is required?
Common law voluntary manslaughter involves murder in the heat of passion after adequate provocation. Which statement is true?
According to the notes, child pornography is prohibited if it depicts an actual child.
A profit a prendre gives the holder the right to
Which is NOT a foundation element for learned treatises?
A court order to restrain media coverage to prevent prejudicial effect in the community would:
Under New York law, SRMs are admissible for which of the following in product liability cases?
Under the 10A limit on federal power, which statement is correct?
Anticipatory repudiation generally means that the repudiation equals material breach.
Finder of abandoned property: When the owner has clearly abandoned property with intent to relinquish it, who obtains title?
If a buyer is insolvent on delivery, the seller may:
Under NY law, parents may be liable for their child's tort up to which amount?
In New York, withdrawal from accomplice liability requires:
Which statement is true regarding deed execution and delivery?
Within 20 days after service of the answer, amendments may be made how many times as of right?
In the government interest analysis, which type corresponds to applying forum law when there is no strong interest by any other state?
Which statement is NOT a feature of a firm offer under the UCC?
Which statement describes ratification in agency law?
Which doctrine allows a divorce to be divisible into separate permissible components?
In NY special proceedings, service of the petition must be completed within which window before the return date?
Common law false imprisonment requires
Permissive parties in federal court require that they share what with the main action?
Which duty requires a trustee to keep separate personal property from trust property?
Which combination triggers NY Arson 1st Degree?
Which statement about the notice of complaint content is true?
Presidential immunity
Under common law, which age group is prosecuted as an adult?
Under the 14th Amendment, a confession must be voluntary and not coerced.
Under New York law, a driver or passenger has standing to challenge a search if which condition is met?
Which condition makes an agreement between an unmarried couple valid?
In preliminary questions, who determines admissibility?
Which statement is NOT an element of common law conspiracy?
Which defenses must be raised before the close of trial?
Which statement about the proper basis for an expert's opinion is true?
Which degree of arson requires that the offender knew or should have known there is a person inside the building?
Necessity defense: which is true?
Under vicarious liability rules for lawyers, which statement is correct?
Which statement about the best evidence rule is correct?
Unconscionability in contract law requires consideration of which components?
Who may establish the domicile of an infant who cannot fend for itself under New York law?
Under common law, felony murder requires that the killing occur during the commission of a felony.
What is the rule regarding extrinsic evidence in mistakes in a will?
What is the monetary threshold for a 4th-degree larceny in New York?
Under the riparian theory of water rights, a riparian owner has the right to which of the following?
Which statement accurately describes the attachment process on real property in NY provisional remedies?
Which of the following is not a 'plus' factor that elevates NY Robbery to the 2nd Degree?
Dependent Relative Revocation applies to revocation based on a mistake about revival. Which statement is correct?
Which form is required to create a voting proxy under NY law?
Finder of lost or mislaid property: If the owner has not intended to relinquish possession, who retains title?
Under New York law, entrapment defense requires which of the following elements?
The essential element exception to character evidence applies in which type of case?
No school prayer even if voluntary.
If the original federal court is improper, what may the court do?
In a private forum, which standard applies to government regulation of speech?
Which category is listed as an exception to the 50% fault rule and would remain subject to joint and several liability?
Under MBE rules, prior sexual misconduct by a victim in a sexual offense case may be admissible to prove which of the following?
Conversion versus trespass to chattel: which statement is correct?
What are the remedies for nonconformity in the sale of goods when the goods are rejected?
In tort defamation, publication requires which of the following?
In-person attorney solicitation is prohibited, except for certain categories. Which option represents the broadest allowed category?
Infant toll rules: after the minor reaches age 18, extension of the SOL depends on the original SOL as follows: if original SOL > 3 years, extension to 3 years; if original SOL < 3 years, extension to the original SOL.
For a land contract within the Statute of Frauds, which elements are required?
Vested remainder requirements include:
Which of the following is a category of goods in secured transactions that often accounts for items attached to real property?
Which statement about summary judgment is true?
Which scenario is typically permitted under the special needs exception to the Fourth Amendment without ordinary probable cause?
Under caveat lessee, which duty does the landlord have regarding latent defects?
During winding up, what is the correct order of paying creditors?
Which statement about state taxation on interstate commerce is correct?
Under due process, which statement accurately describes when a pretrial identification is unconstitutional?
In the hearsay exception for dying declarations, which statement is correct regarding admissibility?
In seeking a preliminary injunction or temporary restraining order (TRO), which procedural requirement is required?
Exercising Clause: A generally applicable, facially neutral law is allowed without strict scrutiny.
Infant toll includes a cap for medical malpractice; what is the cap?
Under MBE, is good faith belief of ownership required for adverse possession?
Discrimination based on gender uses which standard?
Which statement correctly describes an easement appurtenant?
Under the UCC's performance standards, what is the rule for performance?
Under New York law, a duplicate may be admissible in the regular course of business.
Which is NOT a government agent for the Fourth Amendment purposes?
For termination of welfare benefits, what due process step is required?
In the conveyance "O to A and his heirs," what estate does A hold under modern law?
What is required for a common law shareholder inspection right?
Under the traditional common-law mirror image rule, which statement best describes acceptance?
What document must accompany the complaint to support the merits of the claim when facing possible dismissal in New York?
Which injury qualifies as a serious injury that allows a tort action notwithstanding no-fault insurance?
Which of the following is a valid common-law excuse for non-performance due to unforeseen events?
In the scope of agency, which factors comprise the balancing test?
Which insanity standard is described as a product of mental disease?
An absolute restriction on alienability is:
Which obligation does the prosecutor have regarding exculpatory evidence?
Which type of contract requires acceptance by performance only?
Under the state-action doctrine, which actor is subject to due process, equal protection, and other protections?
In a close corporation, a managing shareholder has a duty of care to which parties?
In federal voir dire, which statement is accurate about peremptory challenges?
Which statement correctly describes common law embezzlement?
Under MBE, which of the following is included in the per se categories of slander?
Under the Doctrine of Worthier Title as traditionally applied, the grant 'to A for life, then to O's heirs' results in:
Do fees for public demonstrations pass strict scrutiny?
Use of evidence obtained in violation of the Constitution (Crim Pro) – what is inadmissible in the prosecution's case-in-chief?
Under RAP analysis, which POA type has validity of the interest vesting from creation?
Which statement about regular board meetings and notices is correct?
Under land contracts, when does risk of loss transfer to buyer?
In a divisible contract, which statement best describes breach?
Which of the following is listed as a basis for New York Murder in the Second Degree?
Which is the proper escape for voluminous documents under the best evidence rule?
Can an encumbrance be waived in a land contract?
Which of the following can terminate an easement?
In a share exchange, which item is the formal filing step?
Which statement is true about a sale of land subject to mortgage when the buyer takes 'subject to'?
What constitutes proper invocation of Miranda rights?
Under the Model Penal Code (MPC) approach to unreasonable mistakes in self-defense, such mistakes may mitigate the crime.
Under the majority rule, a purchase money resulting trust (PMRT) requires the trustee to:
The general balance exception allows admissibility of relevant evidence when its probative value outweighs prejudice.
In NY premises liability, what is the general duty owed to entrants?
In New York, holographic will and nuncupative will are generally invalid except when:
Under the ancient document doctrine, which statement is true?
Under the eggshell victim rule, liability is not reduced by the victim's preexisting condition.
What fault is required for publication?
Which is a recognized exception to state sovereign immunity allowing a federal suit against a state?
Which of the following describes public nuisance?
Before a foreign corporation qualifies to do business, which statement is true about its ability to sue or be sued in the state?
Which is a method of partition?
Which statement best describes a partner's right to management control in a partnership?
For prejudgment government attachment or seizure, which due process step is required?
What is the statute of limitations for an Article 78 proceeding challenging a NY administrative decision?
Under New York rules, cross-examination credibility may be addressed if the opposing expert
Which is true about the conspiracy elements and the agreement?
What is the difference between the English rule and the American rule on landlord delivery of possession?
Discharge of debt: which statement about consideration is correct?
Spouses communicative privilege is designed to protect intimacy and is generally waived by one spouse alone.
Defenses to privacy torts include which of the following?
Which statement about creating a joint tenancy is accurate?
If the offeree's performance is nonconforming and the offeror accommodates it, what is the result?
Which element is essential to a bona fide purchaser for recording purposes?
A cemetery trust is typically treated as what type of trust and may last how long?
Foreclosure sale notice must include which element?
What is the time limit to file a notice of claim after a NY accident involving a subdivision of the State?
What is the statute of limitations period for medical malpractice actions?
Which type of deed provides no warranty of title?
Economic duress defense to contract: which statement is true?
Under the balancing test for relevant evidence, which outcome results when the probative value is outweighed by pragmatic concerns?
Which factor primarily determines the scope of an easement?
For a testimonial witness, the Confrontation Clause is satisfied if the defendant:
Under negligence or strict liability torts, the toll for toxic substances runs from which event?
For a motion on notice, service must be made at least how many days before the return date?
If a lawyer is disciplined in one state, is that discipline automatically binding in another state?
Which statement correctly describes proximate cause?
Which statement about solicitation is correct?
For a foreign unlicensed corporation, which conditions establish doing business in New York? (choose the combination that applies)
Toll for insane: which of the following statements is true?
During a traffic stop, a dog sniff is not a seizure if it does not substantially prolong the stop.
Which statement accurately reflects New York's rule on searching containers incident to arrest?
Interlocutory appeals following a motion on notice are available within how many days after service of the decision?
Which elements constitute a valid equitable servitude that a court will enforce through injunctive relief?
Under NY law, which statement about use of force to prevent crime is correct?
A written fee engagement letter is required when the fee amount exceeds what threshold?
Which statement about conflicts with current clients is true?
Which statement best describes consideration in contract law?
In New York, how long must a co-tenant's possession continue for adverse possession to run against others?
Which elements define NY Burglary 3rd Degree?
Plea bargains, plea discussions, and offers are inadmissible for all purposes.
Under confrontation clause principles, grand jury testimony is generally considered:
Which of the following is NOT a function of the magistrate at the initial appearance?
Which action will make an offer irrevocable under common law?
Under the 6th Amendment in NY, the scope of the right to counsel for confessions covers what?
Which of the following is a valid charitable trust purpose?
Explicit revocation can be accomplished by which of the following methods?
Time limit to remove a diversity-based case?
Libel pro quod requires extrinsic evidence to assess impact.
Which action constitutes a Totten trust revocation?
Zoning for adult bookstores or theatres is allowed.
Defenses to accomplice liability include:
What are the three criteria listed for obscenity?
Under no-fault, recovery for serious injuries beyond basic economic damages often requires which dollar threshold?
Settlement discussions are generally inadmissible to prove liability.
A trustee commits a tort; who is liable?
Which condition constitutes grounds for involuntary dissolution due to insolvency?
Punitive damages are not allowed in contract remedies.
At the close of the plaintiff's evidence, which party may move for Judgment as a Matter of Law?
In New York privileges, which statement is correct about Spouses?
Which is listed as a ground for granting a new trial?
Under the lawyer malpractice in preparing a will, which party has standing to sue for negligent planning advice?
Under New York law on inchoate offenses, which statement is true?
Which of the following is a defense to recognizing a judgment under the full faith and credit doctrine?
For a natural person, what is the residence (domicile) basis for venue in federal court?
Which statement about permissive indemnification for D&O is accurate?
During a traffic stop, who is seized by police?
What is the purpose of a health care proxy?
What types of notice are recognized for implied equitable servitudes under the general scheme doctrine?
When does a health care proxy become effective?
In an inter vivos (lifetime) trust, who may serve as trustee?
Subsequent remedial measures are relevant for impeachment.
In NY, which statement is true about special proceedings?
The presumption that a marital husband has custody of a non-biological child is valid under which constitutional privacy concept?
Novation of a contract involves which elements?
If the grantor delivers by mail and the grantee rejects, is the transfer successful?
What must a director do if confronted with a potential usurpation of opportunities?
Which element is essential to common law larceny?
Which statements correctly describe the constitutional check for New York long-arm jurisdiction?
Under the majority rule, an advancement is deemed an advancement or present satisfaction of a legacy.
Which court has subject matter jurisdiction for matrimonial actions in New York?
Which element is essential to establish battery?
Under common law, mistake defense is not a defense for which category?
Under the mailbox rule, when is an acceptance effective if no method is specified?
In New York, is a straw required to create a joint tenancy?
Which of the following can terminate an offer?
After 1994, an elective share trust is generally considered to be what?
Terry stops are used to...
Under the wingspan concept, which item is included?
Which factor determines child custody jurisdiction in recognition of out-of-state divorce?
Self-help repossession: which action would break the peace?
Under the public policy restrictions on trusts, which action is permitted?
Which scenario is listed as a basis for Manslaughter in the First Degree in New York?
Under the UCC, when can altered terms in an acceptance between merchants become part of the contract?
Privileges and immunities re liberty and ability to earn living.
Apparent authority is characterized by which elements?
Common law possession crimes allow possession by which forms?
Under New York's Dead Man's Act, in a civil action based on negligence, which testimony is permitted?
Which statement about learned treatises use is true?
Which mechanism is a valid method for approving self-dealing disclosures?
Which document is within the Statute of Frauds for a real estate transaction?
What is the SOL toll for adverse possession by a co-tenant with voluntary absence?
In contract remedies, the reclaim of delivered goods is available to the non-breaching party.
Which statement best describes the element of New York kidnapping in the second degree?
Which statement about Notice of Pendency (lis pendens) is true?
Indemnification can arise from which source?
During an automatic decree upon filing for divorce, which action is taken with respect to the parties’ finances?
For medical malpractice involving a foreign substance, what is the toll extension?
In a filiation proceeding for non-marital children, where is the proceeding held?
Which actions can trigger New York's long-arm jurisdiction?
Which form of manslaughter is defined in common law as death caused by criminal negligence?
In the privacy tort of false light, which element is required?
Lay witness testimony is typically limited to which of the following?
Eggshell skull rule governs damages in a tort case by holding the defendant responsible for what?
Which type of power of appointment may designate any one person?
Common law solicitation involves which of the following?
Which of the following is NOT an element of a zoning variance?
Which of the following lists the elements of common law robbery?
No-fault: Not for pain & suffering.
Under recognition of out-of-state divorce, which factor is needed for personal jurisdiction over the defendant for status?
Under Sarbanes-Oxley certification, which officers must certify financial statements?
Under the reasonable owner theory of underground water, which statement is true?
Which element is essential to form a partnership?
For recognition of a judgment under the Full Faith and Credit Clause, which conditions must be satisfied?
Establishment Clause: Which criterion is listed as a requirement for pass?
What constitutes withdrawal defense under common law for accomplice liability?
Under the Shelley's Case doctrine historically, the grant 'to A for life, then to A's heirs' would give A a:
Which statement regarding unconscionability is incorrect?
Under common law, the first aggressor may claim self-defense only if
NIED bystander claims typically recognize which scenario?
Under contract choice of law, when a contract includes a choice-of-law clause selecting NY law because the amount involved is over $1 million, which statement is true?
Which is a Purchase Money Resulting Trust?
What is the statute of limitations for defamation claims?
Mistake in criminal self-defense: If the defender's belief in the necessity of force is reasonable, what is the effect under NY law?
"O to A so long as ..." What estate does A hold?
In remedy for trustee self-dealing, courts typically do not inquire into which aspect?
Under the federal MBE standard, which statement about probable cause for a search warrant is true?
Which scenarios generally do not trigger a grace period to refile after dismissal?
Under the MBE, which privilege relates to psychiatrist-patient relationships?
Which set of elements correctly describes common law burglary?
New York impossibility defense to attempt: which statement is correct?
Which asset transfer is considered non-probate by contract?
Which of the following is NOT a requirement for a health care proxy?
New York withdrawal defense to solicitation
Which pretrial identification method is not allowed under the MBE before charges (pre-charge)?
Which method creates automatic perfection for a security interest in consumer goods when there is a PMSI?
Which of the following constitutes a defense to intentional torts?
Which statements describe valid bases for New York's specific long-arm jurisdiction?
The present physical or mental condition exception permits statements of:
Which statement best describes the required actus reus?
First Amendment defamation (low value speech): If public concern, P must show falsity.
Under the Fourth Amendment's inventory exception, when may police conduct an inventory search of a vehicle?
Under the special needs exception, which of the following is allowed to enforce school rules?
Which statement about domicile is true?
NY assault 1st degree requires
Discrimination against non-marital children is analyzed under which constitutional standard?
Which documents are typically filed with a motion on notice?
Common law vicarious liability for conspirator's crimes entails liability for:
How can implied warranties be disclaimed under typical contract law?
Getting married: which statement is TRUE about New York law?
Which statement describes the conditions under which an elective share trust is considered valid?
Under symbolic speech doctrine, which activity would not be prohibited under strict scrutiny?
Which action constitutes aggravated homicide according to NY law?
Which statement best describes the minority MBE approach to attempt with respect to incomplete due to reason outside of control?
Under contributory negligence, how does the common law treatment of liability operate?
When representing a client organization, the attorney should avoid representing which group?
Premises liability: What is the default duty owed to entrants?
What is the remedy for a pretrial identification violation under due process?
Which two components define the standard for reasonable expectation of privacy?
Which combination of elements is required for an easement by prescription?
Modifications to a contract that bring it within the Statute must be in writing.
Implicit revocation occurs when:
Strict foreclosure for consumer goods requires notifying whom?
Land transfer risk of loss: what is the common law rule?
In a mortgage foreclosure action, which parties are necessary to be joined?
Which scenario illustrates the zone of danger in negligent infliction of emotional distress (NIED) as a near-miss?
What is the general rule in MBE about impeaching one’s own witness?
Which statement best describes felony murder as described in the material?
Which claims require particularity in pleading?
Under res judicata, which claim is precluded when arising out of the same transaction?
The elective share for a surviving spouse is the greater of $50,000 or one-third of the elective share assets.
Which ground for annulment involves incurable incapacity lasting five years and requires three court-appointed psychiatrists to agree?
In federal court, state methods to effect service are allowed under which option?
A pet trust is allowed and typically ends at the term defined as the life of the what?
What is the effect of a valid disclaimer by a beneficiary?
Which statement about a voting agreement is correct?
Which remedy is available when a trustee engages in self-dealing?
To cure incompetence, a lawyer should first do which of the following?
Under the Eleventh Amendment immunity, which entity is generally immune from being sued in federal court?
In New York, a defendant cannot be convicted solely on unsworn testimony. Which statement is true?
NOT public concern: private figure no need actual malice for punitive/presumed damages.
Is there a general duty to represent another lawyer in New York ethics?
Under New York voucher rule, what is required for an inconsistent statement used to impeach a witness?
Which statement describes recognition of out-of-state common law marriages in New York?
Principal's liability for an agent's intentional tort: when is the principal liable?
Trespass to real property includes which?
Which elements must be proven to establish an implied warranty of fitness for a particular purpose?
Which of the following methods can effectively disclaim the implied warranty of merchantability?
Article 78 proceedings are used to obtain which remedy?
NY assault 3rd degree requires
Which statement about an ex parte motion is correct?
What is the term for the period from dissolution to termination of a partnership?
Under attorney-client privilege, who is included in the definition of 'client'?
Which elements are required for a covenant to run with the land on the benefited parcel?
In New York, is a Miranda waiver invalid if the police keep a child from a parent?
Which interest is not subject to the rule against perpetuities according to the source material?
Which is an element of false imprisonment?
Settlement reduces the amount in joint and several liability by the larger of which amounts?
The Fourth Amendment applies when which scenario occurs?
Common law kidnapping elements include moving or concealing the victim. Which option correctly identifies that element?
Which is NOT a federal method of service?
Governmental policy change is a ground for impossibility.
Regarding the business records exception, which statement correctly describes the difference between MBE and New York rules?
What is the default duration of a voting proxy in NY corporate law?
In medical malpractice cases, which toll applies when there is continuous treatment?
Withdrawal from conspiracy under common law: which is true?
Under tort choice of law, if the parties are from different states and neither state's law is more protective, which law generally applies?
Modification of contracts: which is true regarding consideration under common law and NY law?
Which of the following are factors used to assess an incapacitated client?
Wharton's Rule generally implies that conspiracy to commit a crime requiring two or more participants is typically what?
Under the MPC or minority view, what defense is available for statutory rape?
Past consideration under MBE and NY rules: which statement is correct?
Under New York law, which statement about a de facto corporation is true?
Which of the following is a malice crime at common law?
Under CAFA, which statement about class actions is true?
Subsequent remedial measures are admissible to prove feasibility of an alternative.
Under a shipment contract, risk of loss passes to the buyer when?
In New York, at age 14 or 15, the law provides that individuals are prosecuted for serious crimes against person or property.
Which of the following is an incapacity defense to crime?
The forfeiture by wrongdoing exception to hearsay requires:
Strict foreclosure for non-consumer goods requires notifying whom?
Regarding waivers and subject matter jurisdiction, which statement is true?
If the seller refuses to accept a return of nonconforming goods, the buyer may:
In New York law, is there a second-look reform for RAP violations?
In federal diversity cases applying state law, which rule governs the use of witness credibility?
Under MPC, abandonment includes which elements?
Under the UCC, when are altered terms in an acceptance between merchants included in the contract?
Which of the following is NOT a client decision?
In New York, a first aggressor who withdraws from the confrontation may rely on self-defense even if there was escalation.
Which statements are true about a voting trust?
What power may the government exercise against a business that violates obscenity?
Which statement correctly defines MIMIC character evidence?
Revival Of Wills After Revocation requires:
Under the wingspan rule, which item is included in the arrestee's immediate control?
An implicit taking occurs when the government action does which of the following?
Horizontal privity refers to the relationship between which parties for a covenant to run with the burdened land?
In common law conspiracy, what is required for the overt act element?
Damages are presumed for defamation in which categories?
Affirmative action may be used to remedy past discrimination. It is not allowed if based on what?
Under the search incident to arrest doctrine, which statement correctly describes its prerequisites and scope?
Under licensing requirements for demonstrations, which condition would satisfy strict scrutiny?
In a joint will contract, a breach by one party may lead to probate according to the later will.
Which statement about prosecutorial disclosure of exculpatory evidence is correct?
If a custodian seeks to move with the child, court approval is required, balancing which factors?
Under New York law, mistake defense applies to which mental states?
Discrimination based on age is reviewed under which constitutional standard?
Which is a requirement for a valid search warrant?
Which item is generally considered to have no reasonable expectation of privacy?
Under investment power rules, may a trustee make adjustments for fairness among beneficiaries?
In New York, for a residential lease, which statement about assignment is correct?
Which of the following statements correctly describes the MPC approach to attempt?
For a special board meeting, which is true regarding notice?
Which statement about police reports and the business records doctrine is true?
In a dispute about real property located in another state, which factor governs the choice of law for property?
Intestate: Spouse and issues distribution: If there is a surviving spouse and issue, how are assets divided?
If a co-tenant excludes other tenants from possession, what is the remedy?
Which elements determine domicile under New York law?
Under the general scheme doctrine, the implied equitable servitude is applicable to which holder?
Which statement is true regarding NY Burglary 2nd Degree elements?
Which descriptions correctly identify an acceptable servicer for serving an out-of-state party under NY rules?
Preemptive rights exist for stock only if provided in the certificate of incorporation and only for which type of issuance?
Under New York law, is unilateral conspiracy allowed?
What is a Wild Deed?
For non-exam admission to the New York Bar, which condition is required?
Which statement correctly describes land contract prerequisites?
Which type of trust is commonly created to pass funds to a named beneficiary on death via a bank account?
Which scenario best illustrates exigent circumstances?
Which statement about prior inconsistent statements is correct?
Latent ambiguity in a will requires extrinsic evidence to interpret.
In voluntary dissolution of a corporation, which action is sufficient to dissolve?
Which of the following is NOT an element of common law rape?
Direct appeals to the U.S. Supreme Court are available for decisions from which court?
Which scenario requires notice and explanation?
Are elective share elections allowed for pre-marriage, post-marriage, both, or neither?
Which statement best describes marital assets in a divorce?
Within how many days must management act to buy out and avoid dissolution?
Which factor is associated with aggravated homicide?
Merging the dominant and servient parcels terminates the easement and does not automatically revive on partition.
Which statement accurately describes the business judgment rule for corporate directors?
Ademption applies to which type of gift?
Which of the following is listed as an affirmative defense in the NY answer or pre-answer MTD?
Which of the following is NOT a category of goods under secured transactions?
Which statement about an option contract is correct?
A general, presently exercisable power of attorney (POA) can do what with respect to property transfers?
Which firm-name rule is true?
Which elements constitute capacity to execute a will?
Under common law false pretenses, which statement is true?
Delegation of contract duties to a third party generally requires what?
Which statement correctly describes jury trials in federal court?
Regarding adverse authority and adverse facts, which statement is correct?
Which of the following is a required element for constitutional standing?
Under UCC 2A, which lease triggers the Statute of Frauds requirement?
Which item is required to be included in the certificate of incorporation?
Which situation typically constitutes a waiver of the attorney-client privilege?
In NY assault 3rd degree, which element is listed?
Which of the following are defamation defenses?
If a lease allows assignment and landlord consent has been given, what result regarding future assignments?
"O to A, but if ..., O has the right to re-enter and re-take." Which estate is created?
The line-item veto is
Under the common law volitional test for insanity, which statement correctly states the component of the defense?
In a non-provided-for tort choice-of-law scenario, which law applies?
An easement in gross is characterized by which feature?
Which scenario requires post-termination notice?
Venue in federal court for transitory actions: proper venue is determined by which factor?
Where should client funds be held by a NY attorney?
Libel is defamation where the false statement is fixed to tangible media.
Which factor is cited as prejudice when seeking an amendment to an answer?
Which statement about appointment and removal powers is correct?
For a corporation, where is venue proper in federal court?
Which statement about equitable redemption is true?
Termination of a trust by the settlor with consent requires the consent of:
Which is a common law strict liability offense?
Under the rule of convenience for class gifts, which description correctly states when the class gift closes?
Under RAP, private trusts are subject to restrictions for which features?
Which act governs transfers to minors in many jurisdictions?
Which factor is considered in evaluating the reliability of an expert's opinion under the MBE approach?
What is a key requirement for a beneficiary to effectively disclaim inheritance?
In a conflict with a former client in the same case, representation is allowed only if:
In NY felony murder, which statement about the non-slayer rule is true?
Under estoppel by deed, which sequence illustrates how a grantee can obtain title even if the grantor later acquires title?
Which of the following statements is true regarding undisclosure or misrepresentation in a contract?
In which scenario is notice and hearing the required due process step?
Under the Fiduciary Powers Act, a trustee may do almost anything except:
Permissive waste requires the life tenant to pay taxes to the extent of which items?
Which defense addresses police inducement of a person to commit a crime they would not otherwise have committed?
Which of the following is a required element of the plain view exception to the Fourth Amendment?
In a general warranty deed, from when does the statute of limitations for present warranties run?
Which of the following is a type of vested remainder?
If another party to the communication consents to the wiretap, which statement is correct?
In school discipline cases, which due process is required?
If a residential premises lacks heat in winter, which remedy is typically available to the tenant under the implied warranty of habitability?
Discrimination in economic regulations is reviewed under which standard?
Who may manage an LLC according to the material?
"O to A and heirs of his body" creates what estate under traditional law?
Which of the following is NOT an element of negligence?
In New York, which scenario would not trigger forfeiture under a no-contest clause?
In New York, admitting a business record through a foundation may be accomplished by using:
Judicial notice is best described as
If an incapacitated party accepts benefits after gaining capacity, what doctrine applies?
Which damages are not subject to Article 16 limits?
Which method is listed as a way to serve the defendant after the plaintiff serves the complaint in New York?
Who bears the burden to prove undue influence in forming a will?
Which of the following is a non-probate asset explicitly listed as such?
Which is a basis for a duty to act arising from voluntary assumption of care?
Under MBE, prior sexual misconduct by a rape victim can be used in sexual offense crimes for what purpose?
Under UTMA, who is the owner of the minor's property?
Under toll for insane, is there a 10-year cap for all causes of action?
Which of the following are general bases for jurisdiction in New York?
Which is an element of NY Menacing?
Vagueness and overbreadth regulations are generally evaluated as:
Which statement describes private nuisance?
Under the trust and third-party self-dealing, a purchaser who knows the trustee is self-dealing is not a bona fide purchaser.
Rescission requires which of the following?
Defense to strict liability: Which is a recognized defense?
Which option describes the notice requirement when winding up a partnership?
Which of the following is a federal privilege (as listed)?
Presumed revocation with intent can occur when:
What does limited liability for shareholders mean?
Which statement about zoning regulations is true?
Under common law, murder is defined as killing another with malice aforethought. Malice may be shown by which of the following?
Spendthrift protections, as applied to trust interests, state that:
Which of the following can be distributed to shareholders?
Under accepting or rejecting cases, which is true?
Under automatic decree provisions, which filing requirement relates to finances?
When character evidence is used to examine a witness on cross-examination for specific facts, what is allowed?
Which elements are required for the implied warranty of merchantability to apply?
Which elements are required for a valid Miranda waiver?
Damages are required for which defamation category?
Which option is the warrantless exception that relates to a stop incident to arrest?
Under a race-notice statute, which condition allows a bona fide purchaser to prevail?
A voting agreement is irrevocable if the agreement states it is irrevocable.
In the termination of a partnership, what is the correct order of paying claims?
What is the statute of limitations for an indemnification action from payment of judgment?
Grant to parochial school allowed if not for religious instructions.
Libel pro quod requires damages because it is not per se.
Under the government interest test, which type of approach involves applying forum law or better law when the forum has no particular interest?
Which circumstance defeats the automatic transfer of an easement appurtenant when the servient tenement is conveyed?
Adopted children have full inheritance rights in which family?
Under the Model Penal Code, abandonment is recognized as an affirmative defense when:
In domestic violence contexts, the identity of the offender may be included under which rule?:
Contingency fees are not allowed in which types of cases?
Exculpatory provisions: Which is allowed?
What is the SOL for rape victims v. convicted criminals in civil actions?
In New York, at what age may a child testify unsworn?
Independent contractor for tort liability (agency): which statements describe exceptions where the principal may be liable?
Which best characterizes New York Manslaughter in the Second Degree?
If service cannot be completed within 120 days, which extension grounds may be used?
A promoter who contracts on behalf of a planned corporation remains liable on those contracts until which event occurs?
Which element is required for negotiable commercial paper?
Under custody determinations, can a judge interview the child in private (in camera)?
Under the Foreign Wills Act, a foreign will is valid if:
Which is NOT an element of tort fraud?
Which statement best captures the assault element?
In the context of pour-over trusts, which statement about revocable trusts is correct?
Which is a verbal act (words are operative) example?
Under the government interest test, when there is an actual conflict between laws, which type applies?
What is the scope of cross-examination?
Misappropriation of a trade secret requires which of the following?
Under New York rules, by what deadline must the plaintiff serve the complaint after being served with summons?
In civil cases, which standard governs zealous representation?
Promissory estoppel may make a promise enforceable even without consideration if which conditions are met?
Non-competition rules for lawyers, which statement is correct?
A compulsory counterclaim must arise from the same transaction or occurrence.
To touch and concern means the covenant must relate to the use, value, or physical characteristics of the land.
Executive privilege exists but may be trumped by other important interests such as the need to produce evidence in criminal cases.
Which of the following is listed as an aggravating factor for New York Murder in the First Degree?
If a stock subscription is less than half of the total subscription price, which consequence follows?
An easement appurtenant is best described as:
Under New York RAP reforms, reform of an age condition to cure a violation typically involves:
Regarding form of character evidence, which statement is correct?
Recognition of a foreign country judgment requires which three elements?
Common law first-degree murder is typically defined as which of the following?
The Supreme Court will not take a case if:
Which statement about automatic inquiry for gifts to an attorney is correct?
What is the standard of care for the duty in negligence?
What are the required items to support a pre-answer motion for summary judgment?
Which of the following is an escape or excuse for the best evidence rule?
Mistake of law as a defense: Which is true?
If there is a material breach, the non-breaching party is excused from performance.
In annulment proceedings, what is the minimum age at which a person attains full capacity to marry without parental or judicial consent?
Truthful, nondeceptive commercial speech is subject to which standard?
Under Article I substantive due process, which provision is expressly prohibited?
Under par stock, which statement is true about consideration for issuance?
Petit larceny in New York applies to property valued at less than what amount?
The offensiveness of battery contact is judged by which standard?
Durable power of attorney: which statement is true?
Which statement characterizes waste in a co-tenancy?
Mutual mistake occurs when both parties are mistaken about a fact that is a basic assumption of the contract.
Which statement about fee arbitration is true?
Physician-assisted suicide is which of the following according to the material?
Impeachment and removal involve
May a secured party buy at a foreclosure sale?
Which of the following are recognized mootness exceptions?
Which statement about targeted mail advertising is accurate?
Which defeasible fee ends automatically and reverts to the grantor if the condition is violated?
If the buyer assumes responsibility for the mortgage, which statement is true?
In professional negligence, which factor defines the standard of care?
Which statement best describes outrageous conduct for IIED?
Misdiagnosis of birth defect results in which remedy?
Which statement accurately describes fee sharing with non-lawyers?
Which statement is NOT terminated by divorce after execution?
Which statement best describes an implied warranty of merchantability in relation to the seller's status?
Which elements are required for adverse possession to ripen into title?
Under the M'Naghten rule, insanity requires that the defendant lacks the ability to
Under the Dead Man's Act, which witness would be disqualified from testifying in a civil action?
Which of the following is a valid defense to intentional interference with a business relationship?
The medical treatment exception to hearsay permits statements that are:
What residency or domicile condition allows filing for dissolution in this jurisdiction?
In First Amendment doctrine, which forum type is generally subject to strict scrutiny for content-based restrictions?
Which ex parte communication is permitted?
In NY, what are the jury size and unanimity requirements for a criminal trial?
What is the statute of limitations for intentional torts against a person in New York?
Which of the following are elements of an agency relationship?
Under permissive use principles, who is not typically liable?
Religious student groups must have access to school facilities.
Under New York law, what is the general duty of a physician regarding informing a patient of risks before a medical procedure?
Who regulates lawyers in New York?
Which is an exception to the Dormant Commerce Clause?
Discrimination based on sexual orientation is reviewed under which standard?
How is a Notice of Pendency extended?
Under affirmative waste, which doctrine allows mining existing minerals if they were being mined at the time of grant?
Which of the following is NOT a requirement to be a holder in due course?
State taxation on interstate commerce must be what?
What is the duty owed by children aged 4-18?
Out-of-state service in federal court is the same as service in state court.
Which statement correctly describes an easement in gross?
Inadequate assurance may be treated as anticipatory repudiation.
Avoidable damages in contract law are reduced by what amount?
Which statement best describes a partner's liability for partnership debts?
Under the UCC 2, when is modification enforceable without separate consideration?
Appraisal rights in NY are available for which actions?
Which of the following topics is typically a political question not subject to judicial adjudication?
Which of the following sets correctly lists the elements required for a crime?
To recognize an out-of-state divorce, what condition must the rendering court have?
Is intrusion recognized as a privacy tort in New York?
What are the two forms of actus reus?
Which of the following is an element of constructive eviction under the implied warranty of quiet enjoyment?
Under NY arbitration law, which element is required to exist the contract for arbitration to be enforceable?
Which of the following is an escape from the best evidence rule related to destruction of the original document?
Procedural due process uses a balancing test. Which factors are weighed?
If a life tenant transfers the life estate, the transferee holds a life estate pur autre vie. True or false?
If unsolicited mail includes a retainer, what should the recipient do?
Pretermitted child with testator having at least one child gets which share if the child is pretermitted?
For a covenant to run with the burdened land, which statement is correct?
Within what timeframe must a disclaimer be filed with the Surrogate Court to be effective?
New York larceny (with degrees) includes which offenses?
Which claim uses the longer of the two periods to determine SOL?
Which ground may be raised to challenge an arbitration award after it is issued?
Statutory redemption periods typically last which of the following after foreclosure?
Which statement about parol evidence and ambiguity is correct?
What remedy is available to cancel a Notice of Pendency?
Which are expressly within the Fourth Amendment's expectation of privacy?
If a professional malpractice claim is filed after 10 years under another theory, which procedural requirements apply?
The former testimony exception applies when:
Discrimination based on disability is reviewed under which standard?
Common law statutorily rape is best described as which?
Which statement correctly describes the difference between the MPC approach to attempt and the minority (common law/NY) approach?
Which statement about pretrial identification and Miranda is correct?
Which of the following is an example of intangible collateral in secured transactions?
What is the statute of limitations for negligence or strict liability torts from the date of injury?
Liquidated damages: Under common law, they are enforceable if at the time of contract the damages would be difficult to foresee, the forecast is reasonable, and the remedy is not punitive.
Rule of convenience: class closes when?
Under the rule of convenience, an unborn fetus may join as a remainderman if born alive:
Under UCC 2, risk of loss is primarily determined by which factor?
If a state regulation substantially burdens an existing private contract, what standard of review applies?
What is required in federal pleadings to plead a plausible claim?
Principal's liability for an agent's contract occurs if the contract is authorized by which authorities?
A plaintiff may implead a third-party defendant if?
A third party purchases trust property from a self-dealing trustee in good faith without knowledge of the self-dealing. What is the trust's remedy against the third party?
When may a party move for a new trial in federal court?
A will that is entirely handwritten by the testator is called:
Which of the following is permissible as trial publicity?
In the context of sub-agents and borrowed agents, which statement is accurate?
Waste categories include which of the following?
Under common law arson, which statement is true?
If a subscriber pays more than half of a partially paid stock subscription, what may the corporation do with the remaining steps?
Under the habit exception, which statement best describes the difference between MBE and New York rules?
To advertise a declared specialty, which disclosure is required?
Which statement describes the MBE Grand Jury status?
Increase of costs of performance: under the MBE approach, this is generally considered:
Under the documentary evidence rules, a duplicate is defined as which of the following?
In federal court, intervention may occur as of right when the applicant's interest may be harmed by the disposition and is not adequately represented. This is known as:
Arrest warrant is required if the suspect is at home and there is no emergency.
At-large elections are allowed under what condition?
Which factor is NOT part of the Erie balance of factors?
An affidavit replacing testimony requires which of the following?
Under the ancient document doctrine, which statement about age is true?
Consent defense in torts: which is accurate about scope?
After a prior inconsistent statement, which is a permissible method of rehabilitation?
Which statement about Limited Liability Partnership (LLP) is correct?
In ripeness, a preemptive suit is allowed only if the issue would cause undue hardship and the record is fit for adjudication. Which criterion is necessary?
In termination of a social security disability benefit, which due process step is required?
In a contract for personal services, which remedy is typically unavailable?
Which of the following is an exigent circumstance?
In a wiretap (surveillance) warrant, the supporting affidavit must show which of the following?
Under the UCC, when is a price term considered definite?
Under intermediate scrutiny, which statement is correct?
What is the proper sequence to form a New York corporation?
In New York, which item is included in the content of an answer?
Ambiguity in contract formation arises when the parties mean different things by the same words. Which statement is true?
According to New York practice, once the arrestee exits the car, may the police search the car for evidence?
Which listed item qualifies as a serious injury under no-fault exception?
Which of the following is an element of a zoning variance?
Under New York law, intoxication is a defense only if intoxication negates necessary mental status for a crime (intent/knowledge) and requires high level of intoxication.
Is there a 10-year toll cap for infants in professional malpractice actions?
Which of the following lists elements associated with economic duress?
Which of the following is a correct basis for classifying First Amendment speech restrictions?
If a trustee signs a contract in the trustee's name, who is liable to the other party?
If real estate is located in another state, the elective share proceeding is handled by:
Which statement is true about hearsay?
Which method creates an easement by express grant requiring writing if the term is greater than one year?
In the context of intentional torts, what is required to satisfy intent?
For a bilateral contract, acceptance may be established by which of the following?
Who may serve process on a natural person under New York rules?
During execution of a warrant, what is required?
Which of the following is a basis for federal subject matter jurisdiction?
"O to A for life, then to B" What is B's interest?
Which restriction applies to media rights during a case?
Which of the following is a common law specific intent crime?
Under NY DMA, which scenario constitutes a waiver of the Dead Man's Act?
Which of the following items are typically considered incapacity defenses to a contract?
Common law withdrawal defense to attempt
The business records exception requires which of the following?
Which of the following is NOT one of the four common law mens rea categories?
Under the NY Statute of Frauds, which lease must be in writing?
Which of the following is an exception to the usual rule that delivered goods cannot be reclaimed?
For relation back under SOL when adding a third party, which of the following must be true?
Which type of Supreme Court jurisdiction applies to state-vs-state disputes?
A license can be oral and is freely revocable.
Pre-answer summary judgment may be entered in which two situations?
Entrapment is typically a defense when government agents induce a person to commit a crime they would not have otherwise committed.
In professional malpractice actions, what is the insane toll cap?
Substantive due process includes which of the following types primarily associated with government taking of property?
The Uniform Transfer to Minors Act (UTMA) is primarily designed to:
What constitutes valid execution of a warrant?
Which is an exception to the fruit of the poisonous tree doctrine?
Which statement best describes the elements of common law robbery?
What is the SOL for common law contract actions?
When considering the form of character evidence in New York, which is true?
Under the notes, which type of threat constitutes blackmail?
What is the general grace period to refile after a proper dismissal in NY civil practice?
Which statement describes sufficiency of paternity evidence under the clear and convincing standard?
Under leave-and-mail service, which timing determines when service is complete?
Which statement best reflects the required terms when dealing with a client after engagement?
Easement by necessity arises in which scenario?
Under New York ethics, which statement about self-regulation is correct?
What is the standard of care for support and excavation operations?
Under apparent authority, which statement is correct?
Deadly force to arrest is permitted only if which conditions are met?
Which form of manslaughter is a misdemeanour-level homicide charge?
Which practice is prohibited in professional responsibility for matrimonial actions?
Who may elect the elective share on behalf of the surviving spouse?
Under the NY Statute of Frauds, which scenario requires a written memorandum?
The right to a jury trial attaches to offenses punishable by more than how many months?
Which statement about the duty of loyalty and self-dealing is correct?
The Supreme Court may take state-case decisions only if there is no independent state-law ground of decision. Which statement describes the requirement?
"O to A, and upon A's death, to B" What is B's interest?
What is the measure of expectation damages under common law?
The unavailability concept in hearsay includes what criterion?
What is the remedy if a director breaches duty of loyalty and the benefits are disgorged?
Which statement best describes the standard for ineffective assistance of counsel?
Under common law, surface water is treated as which of the following?
Which statement best describes the requirement for exactions in zoning?
The party admission exception to hearsay includes which of the following?
Which of the following is a defense to enforcement of a contract?
Under the statute of frauds, which statement best describes the complete performance exception?
Difference between New York and common-law infancy rules is best described as:
In New York, who may receive service when the defendant is incapacitated (insane)?
Under New York law, which statement describes a domestic corporation's eligibility for 'doing business in NY' jurisdiction?
After a defendant invokes Miranda rights, which is correct?
For an attachment, the 'threaten to remove property' prong requires service within what days after the prong?
PMSI in equipment requires filing within how many days after possession?
Judgment as a matter of law in federal court: Who may move for JMOL at the close of the plaintiff's evidence, and when can either party renew?
Which statement is true about tenancy in common?
Which two remedies are recognized for breach of contract?
Which event typically terminates maintenance?
Which type of counterclaim can waive the right to removal?
In common law conspiracy, are preparatory acts sufficient to satisfy the overt act requirement?
Which of the following is not listed as a factor under the constitutional standard for choice of laws?
Under the first appropriation theory of water rights, who has the right to water?
If another party to a wiretapped conversation consents to the wiretap, which statement is true?
Spendthrift provisions, as applied to trust interests, which statement is correct?
Liability insurance evidence is generally irrelevant to prove fault, but is relevant for which purpose?
Which of the following is considered a substantive rule in choice of law?
Which of the following is not listed as a trust type in the material?
Which of the following is NOT an element of a defamation privilege?
Under NY negligence statutes, when is a violation considered a breach?
Which forms qualify as express taking under taking forms (real property)?
For a domestic or licensed foreign corporation, what happens after personal delivery to an officer, director, or agent for service?
What is the primary purpose of the organizational meeting?
What is the purpose of safe harbor in no-contest provisions?
Which is a valid ground for separation based on cruel and inhuman treatment?
Just compensation for a taking is typically based on which value?
For an MBE warrant affidavit, which statement is true?
Which statement is true about the abolition of Destructibility and its effect after life estate?
Which court has exclusive jurisdiction over probate of wills?
Under common law rape, which option best describes the force element?
Which of the following is a testamentary substitute?
What warranties does a quitclaim deed provide?
Under NY law, which are not converters?
Under common law, the intoxication defense is available only to which type of crime?
Which statement describes the New York insanity standard?
What is the JMOL standard?
When does the 6th Amendment right to counsel attach for purposes of confessions?
During a Terry stop, a person is seized when the police have a reasonable belief that the person has no freedom to leave.
Not viable stage regulations: which statement is correct?
If the plaintiff fails to serve the complaint within the required time, what may the defendant do?
Which of the following is a real defense to a holder in due course?
Which is an element of the privacy tort of disclosure?
What constitutes valid notice for a shareholder meeting?
Which statement about the Dormant Commerce Clause is true?
To sue in the state, a foreign corporation must first which action?
Which of the following is a policy exception to the admissibility of relevant evidence?
Which of the following is an exception to the UCC 2 Statute of Frauds requirement?
For a breach of a service contract, which equitable remedy is proper?
At the defendant's initial appearance after arrest, what actions is the magistrate required to perform?
Which statement correctly distinguishes a license from an easement?
For IIED, the emotional distress must be
Which scenario would not defeat the good-faith exception to suppression?
If a defendant waives service, within how many days must the defendant return the waiver?
Which remedy is used to determine relevant facts when institutionalizing a child by parents?
Which doctrine addresses a later change of intent to retain property in larceny?
Under common law, committing ameliorative waste requires:
Consequence damages in contract law are recoverable only if they were what?
Under UCC 2, when a buyer covers in good faith after breach, what damages are measured by?
RAP applies to which of the following interests?
What remedy is described for insider dealing with shareholders directly and without material information?
When may a buyer revoke acceptance of goods under UCC 2?
Presumed no revocation applies if the will is last seen in whose possession?
Under issue preclusion, which condition is required for an issue to be precluded?
Under the entrapment discussion, which statement is consistent with the material?
Which statement about exactions is true?
Which statement best describes common law false imprisonment?
Which statement is true about treaties and executive agreements with respect to state law?
Restitution as a remedy aims to recover what?
Which of the following is a valid warrant requirement?
Which statement about bylaws is accurate?
In a contract for the sale of real estate, which element is required for the offer to be valid?
Under UCC 2, which is an exception to the writing requirement?
Within how many days must service be completed after filing?
Non-marital children re inheritance have a full right in which family?
Under the abstention doctrine, when a state court proceeding is ongoing, a federal court should
The statement against interest exception requires which condition in criminal cases?
Which defense is commonly used for false light and disclosure privacy torts?
In New York, withdrawn pleas are admissible in civil cases.
Advertising a comparison with other firms is allowed under what condition?
Under MBE rules, prior crimes offered for impeachment are allowed primarily based on which factor?
Enforcement of a pet trust can be performed by which person?
An executory interest that divests the grantor is called:
Post-judgment maintenance (alimony) is determined by which of the following?
Which is one of the aggravating factors that upgrades kidnapping to first degree in New York?
In common law, assault is satisfied by which of the following?
Which are the three types of deeds listed?
When the principal is liable on a contract, what is the agent's usual liability?
What best describes a Terry frisk?
Regarding the scope of consent, which statement is true?
Common law withdrawal defense to solicitation
If a testator signs a will by proxy, which statement is true?
What does the NY non-slayer rule provide?
Under USRAP, what is the alternative period for measuring life?
Which method allows the board to act without holding a meeting, according to the rules stated?
Under NY jury selection, are there three peremptory strikes and may they not be based on race or gender?
If venue is contested, what is the general rule to effect a change of venue?
What is the statute of limitations for breach of warranties under the UCC?
What does the shelter rule do?
Which principle of concurrence applies to larceny and burglary?
Which statement best describes the trustee's investment approach under modern prudent investing principles?
Self-authenticated documents include which of the following?
Under writing in aid of memory, which statement is true?
Which of the following is NOT listed as part of witness competency in the given material?
If the answer is the first pleading, an amendment may add which defense?
Which of the following is a defense to crimes?
Policy exceptions to relevance include liability insurance and subsequent remedial measures.
Subsequent remedial measures are generally irrelevant to prove negligence.
Which statement is true regarding transfer restrictions?
What is the toll cap for insane individuals in medical malpractice cases?
Who bears the burden to prove due execution of a will?
Which court has general subject matter jurisdiction in New York?
When is venue considered default?
Slander is defamation where the false statement is not fixed to tangible media.
Rule of destructibility of contingent remainder states a remainder is destroyed if:
For fixture financing statements, where should the filing occur?
Which of the following is a general intent crime?
What due process applies to civil convictions?
Which source provides the necessary and proper powers for Congress?
Which category includes Larceny, embezzlement, false-pretense, forgery, robbery?
Which forms of notice can bind subsequent owners to covenants?
In NY negligence law, there is no liability if compliance with a statute would create greater danger than noncompliance.
Which of the following statements is true about presently exercisable POA?
Which statement is true about common law self-defense?
New York accomplice elements — which are required?
Lease of goods: which party bears risk of loss?
If a condition precedent in a conditional will is not satisfied, the will is not enforceable.
A resulting trust arises when a trust fails for indefiniteness or for a non-human beneficiary. Under the majority rule, what is true about PMRT?
If a will is witnessed by an interested beneficiary, which statement is true?
Which of the following is an exception to the mailbox rule?
Which statement accurately describes the past recollection recorded exception to hearsay?
For a shipment contract, which phrase indicates the seller's obligation is fulfilled when the goods are handed to the carrier?
Under agency law, when is a principal liable for torts committed by an agent?
Under NY law, line-ups or show-ups before charges may be conducted if the defendant is aware of counsel or requests counsel. Choose the correct combination.
What is a measuring life in the context of the rule against perpetuities?
Under New York no-fault automobile insurance, no-fault coverage applies to which type of damages?
To validly appoint an executor, the notice to the named executor must be in writing and witnessed by two.
Under the child support guidelines, when does child support generally terminate?
The regulation under the Commerce Power may reach economic activities based on what standard?
Which categories are expressly protected under the Fourth Amendment?
Revocation of authorization can occur by which events?
Which statement describes a firm offer under the UCC?
Under caveat lessee, which statement about landlord liability is correct?
Under common law, accomplice liability generally extends to which of the following?
Under the ultra vires doctrine, which statement is correct?
Which statement about necessity defense and homicide is accurate according to the material?
Protective sweeps during an arrest are permissible when...
Which group is described as being evaluated under intermediate scrutiny in some contexts?
Under durational residency, the 1-year residency category requires which of the following?
Which mechanism is acceptable for permitting indemnification of a D&O?
Rational basis review is commonly applied to which area listed?
Which statement about no-contest provisions in New York is correct?
Under the mailbox rule, when is an acceptance effective?
Which of the following is a present warranty in a general warranty deed?
Under New York law, committing ameliorative waste is permitted:
Which statement is true about ratification by principal in agency law?
Which defenses must be raised in the first pleading or by a motion to dismiss?
Under rational basis review, which statement is correct?
Which individuals may petition to remove or prohibit re-appointment of directors or officers?
Which statement about NY Arson 4th Degree is true?
If the testator signs at the end of the will, provisions after the signature are:
Among the listed SOLs, which is the longest?
Which of the following is a non-hearsay purpose for admitting a statement?
Causes in fact are typically established by which test?
For a foreign unlicensed corporation, what is required for service?
Which statement best describes when a photo or video is used to illustrate witness testimony and authentication is required?
Which of the following best describes the presidential pardon power?
Which statement about disclaims warranties of merchantability is correct?
At the border, which statement best reflects the Fourth Amendment's applicability?
Under UCC 2, if the seller resells after buyer breach, how are damages calculated?
Which statement accurately describes war powers?
Is there a First Amendment right to access private property for speech?
Under the marriage choice of law, when is a marriage considered valid if it's valid at the place of marriage but technically invalid elsewhere?
Contingent remainder is described as:
What is a remedy when there is an erroneous jury verdict in federal court?
Totten trusts require which of the following to create? (No magic words required)
Which of the following is a required element of an express private trust?
What is a consequence of a self-proving will?
Without an agreement among partners, how are profits and losses shared?
What discretion does the court have when deciding to grant a change of venue due to wrong venue?
Under UTMA, the guardian generally must give the property to the minor upon turning age:
Under New York law, the necessity defense requires the defendant to reasonably believe that the conduct was necessary to prevent a greater harm.
Common law criminal self-defense requires the defender's belief in necessity to be
Impossibility scenarios: which of the following are valid impossibility grounds?
Which of the following is a defense to formation of a contract?
Which situation requires withdrawal from representation?
Out-of-state auto accidents: Are they covered under no-fault insurance?
Under the parol evidence rule, which statement is correct regarding use of a document to interpret a contract?
Who bears unlimited liability in a general partnership?
In leasehold law, a fixture is best described as which of the following?
In statutory interpleader, which statement is true?
In a criminal case, which statement best describes burden of proof for the elements of the crime?
Vertical privity describes the relationship between the original covenanting parties and their successors in interest.
Who enforces an express charitable trust?
What is the effect on the statute of limitations when the defendant dies?
Proximate cause focuses on which concept?
Do firefighters owe a duty to warn about inherent risks on the premises?
Which of the following is not an intentional tort?
A confession obtained violates the right to counsel if which factor occurs?
Under NY law, may a defendant raise self-defense to unlawful arrest?
Under strict scrutiny, which statement is correct?
During a car frisk, police may search for weapons and may open locked containers.
What must be pleaded in a demand in a shareholder derivative suit?
What is required by the particularity requirement for a search warrant?
What is included under damages in tort, particularly with NIED?
Discrimination based on national origin is reviewed under which standard?
Indemnification may arise due to which relationship?
What extra element distinguishes NY Burglary 1st Degree from 2nd Degree?
In New York statutory rape, which statement is true?
What is the toll cap for infants in medical malpractice claims?
What is the period of adverse possession in New York for co-owners?
Under New York domicile rules, whose status did a woman's domicile historically follow?
Which statement best reflects the effect of insanity on the content of intent for intentional torts?
Under NY Article 16, which damages are governed by limits?
Economic damages: Public figure must show actual malice.
Which scenario is associated with the use of a neutral fact finder to determine relevant facts?
Under the rule Testify for client, which statement is NOT listed as an exception?
In New York, which describes who can speak for a party under the party admission rule?
Which statement correctly identifies a government agent for Fourth Amendment purposes?
A police report prepared for an emergency 911 call is considered:
Federal diversity jurisdiction requires what conditions?
MBE impossibility defense to attempt: which statement is correct?
In diversity jurisdiction, natural person is domiciled where?
Which options exist for a defendant to respond to a summons and complaint in New York?
Which factor is required for NY Arson 1st Degree that is not required for 2nd Degree?
Under MBE, which inchoate offenses merge and which remain separate?
Erie doctrine: in diversity case, which law governs substantive issues?
Which item is listed as an aggravating factor for first-degree murder in the provided material?
Actual and implied authority in agency are described by which concepts?
In an LLC, which statement about transfer of a member's interest is true?
Which action constitutes NY Arson 3rd Degree?
A person borrows a friend's bicycle and keeps it for a week; what tort is this?
Which type of claims fall under the exclusive jurisdiction of the Court of Claims?
Under the UCC, a good faith oral modification by merchants that violates the Statute of Frauds has which combination of effects?
Express preemption occurs when?
What is the remedy for abuses by a controlling shareholder?
Which two offenses are cited as common law strict liability crimes?
Which statement describes when a limitation of remedy is unconscionable?
Which of the following constitutes the fiduciary duties of partners?
Which statement about treaties and executive agreements with respect to state law is true?
Elective share assets include net probate estate plus testamentary substitutes.
Estoppel in partnership arises when a person represents themselves as a partner with another, even if no actual partnership exists. Which statement best reflects this?
Which statement about delegation is correct?
Under New York law, a specific gift of encumbered property is exonerated only if there is what?
Which of the following is required for a conflict to be permissible?
What does the particularity requirement require?
For a negotiable instrument with a designated payee, which action completes negotiation to a transferee?
Under New York law, withdrawal from a conspiracy is an affirmative defense only if which condition is satisfied?
A general contractor relying on a subcontractor's bid can create which two effects?
Which statement about associational standing is correct?
What condition allows piercing the corporate veil?
Foreseeable use (including misuse)
Which statement about quorum in shareholder meetings is accurate?
Which statement correctly describes payment rights under UCC?
In New York, which elements must an affidavit show to support a search warrant?
Which standard governs child custody determinations?
Mortgage foreclosure generally proceeds through which process?
What characterizes an equitable mortgage?
Fraud: which statement correctly describes the SOL?
Under common law, is duress a defense to homicide?
When commencing an action in New York Supreme Court, which documents are filed with the court clerk?
Which scenario is associated with a partial defamation privilege?
Which of the following is a but-for cause test?
Confessions are governed by which amendments?
Which statement about negative easements is correct?
Under common law, the necessity defense is available if the defendant reasonably believes the crime is necessary to prevent a greater harm. It is not a defense to homicide.
New York criminal facilitation requires which elements?
Removal jurisdiction: who may remove a case to federal court?
In foreclosure, which item is paid first from foreclosure proceeds?
Under assignment of rights to a third party, when is an assignment prohibited?
Which signing requirement is necessary for an express private trust?
Which statement best reflects the duty to act in omission-based liability?
Which statement about standing to challenge a 4th Amendment search is false?
Which statement describes a valid consent exception to a warrantless search?
Which statement best describes the Grand Jury in the MBE context?
Proof Of Content With Non-Production Of Will requires the will proponent to prove which elements?
Offer to pay medical expenses is inadmissible to prove liability.
NY False Imprisonment 1st Degree requires
SOL for equity claims (rescission, accounting, reformation)
A zoning regulation may constitute a taking if it deprives a prior conforming use in totality. Is this statement true?
The current sense perception exception is best described as:
Mistake about the need for force in criminal self-defense: Under NY law, a reasonable mistake is a defense.
Which statement best describes the damages measure when a buyer accepts nonconforming goods?
In a permissive use state, when is the vehicle owner typically liable for the driver's tort?
Under New York law, when may a person use self-defense?
Under anticipatory repudiation, the repudiation may be retracted if the other party has not yet relied on it.
Which statement about domain names in NY firms is correct?
What is the statute of limitations (SOL) period for recognition of judgment?
For personal delivery to a natural person, when is service complete?
Which statements describe the requirements for personal jurisdiction in New York?
Common law accomplice liability elements include which of the following?
During winding up, which priority applies to payments?
Under New York privileges, the spousal communicative privilege requires which condition?
What is the New York statute of limitations for property damages?
After a tenant reports a housing code violation, which statement best reflects landlord behavior?
Which statement describes the Res ipsa loquitur doctrine in tort?
Gift causa mortis: In order for a gift causa mortis to be valid, what must occur?
For monetary support in NY matrimonial actions, personal jurisdiction is present if the plaintiff is domiciled in NY and which related condition occurs?
Under the partial performance doctrine, two of three acts may satisfy the writing requirement. Which combination qualifies?
What is the total exempt amount before will distribution?
Which item is NOT a testamentary substitute?
In NY self-defense, the element 'simultaneous' refers to what concept?
Which source may be used to interpret contract terms to explain the contract?
Under New York civil procedure, which defense is waived if not raised in the first response (answer or pre-answer MTD)?
Common law conspiracy elements include which of the following?
Which statement correctly describes tenancy by the entirety in New York?
Which of the following is a ground for declaration of nullity of marriage?
In intentional interference with a business relationship, a plaintiff may sue under which theories?
Which statement best describes a Miranda violation?
New York prima facie tort requires which elements?
Under common law, how many defendants are typically required for conspiracy?
Which advertising statement is permissible if supported by evidence?
True or false: In federal courts, subject matter jurisdiction is not waivable and can be raised at any time.
Which remedy gives the debtor the right to reclaim collateral by paying the debt?
A constructive trust arises as an equitable remedy for:
In multi-office firms, what must the letterhead show?
Which element is NOT required for a valid premarital agreement?
The principle governing redrawing district boundaries with respect to population is which?
Under confidentiality, which of the following is NOT a permissible disclosure?
Which statement accurately describes implied preemption under federalism?
The year-and-a-day rule is currently
"O to A, but if ..., to B" What is B's interest?
Mistake disclosure not waiver: which statement is true?
Abatement of gifts follows a specific sequence. Which category abates last when assets are insufficient?
Absence toll: which conditions toll the SOL for absence?
Even if a will says per stirpes to children, how are grandchildren treated under per generation rules?
Which of the following is recognized as a fundamental privacy right?
Which situation results in loss of the attorney-client privilege?
In false imprisonment, which statement is true?
Issues take by representation or per capita in each generation: Which statement is true?
Strict product liability: In strict product liability, which statement reflects the requirement that the plaintiff must not have altered the product?
Which tort is defined as harmful or offensive contact intentionally inflicted on another person?
An oral agreement in consideration of marriage is generally unenforceable due to the Statute of Frauds.
Ameliorative waste gives a credit upon partition if the improvements increase value.
Under Equal Protection, which pair of rights is explicitly protected as travel and electoral rights?
Which statement about unconscionability is correct?
Which use is SRMs admissible for?
Partial or modified comparative negligence provides that a plaintiff can recover only if which condition is met?
Abortion is protected under which constitutional doctrine?
Which statement about board quorum is correct?
Which statement is true regarding charitable express trusts in relation to the rule against perpetuities?
Intended beneficiary: When may the beneficiary not modify the promise?
Which of the following correctly states how the number of directors may be increased?
Elements of strict product liability: Which of the following is an element?
Which statement best describes the role of 'Dwelling' in burglary charges?
In pure comparative negligence, a plaintiff may recover even when what occurs?
Which instrument creates a mortgage under property law?
Which statement best describes the attorney-client privilege?
Which action severs a joint tenancy in New York?
Which statement best describes the Model Penal Code insanity standard?
Which of the following is listed as a factor for first-degree burglary?
Which statement describes a defining characteristic of a partnership?
Who may sue on a contract after a delegation of duties?
Under a class gift, the gift goes to which group at the testator's death?
Which of the following describes New York Criminally Negligent Homicide?
No knock and announce is permissible if which of the following conditions applies?
Under joint and several liability, a plaintiff may recover the full amount from any defendant.
Which element is shared by both common law battery and common law assault?
Which of the following is a required element for obtaining an attachment in NY?
Which statement best describes common law murder?
Death of essential persons is a ground for impossibility.
The difference between the common law insanity defense and the mistake defense is
Intestate distribution: If there is a surviving spouse and no issue, who takes the estate?
"O to A for life" What estate is created?
Which of the following transactions is considered self-dealing by a trustee?
Which remedies are available after a buyer rejects non-conforming goods under the UCC?
Which factor elevates NY Arson from 3rd Degree to 2nd Degree?
NY False Imprisonment 2nd Degree requires
NY assault 2nd degree requires
In New York, the current sense perception exception requires corroborative evidence. Which statement best describes that requirement?
Under NY law, which statement about retreat is true when the defendant is inside his dwelling and intends to use deadly force?
Which of the following is NOT listed as a method of authenticating a document?
After engagement, which practice is permitted?

New York Multistate Bar (MBE) Practice Exam

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