New York Multistate Bar (MBE) Practice Exam – All Questions

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Child pornography is prohibited when it depicts an actual child, not just any depictionAccording to the notes, child pornography is prohibited if it depicts an actual child.How New York law distinguishes petit larceny from grand larceny based on valuePetit larceny in New York applies to property valued at less than what amount?Two key conditions make licensing for demonstrations pass strict scrutinyUnder licensing requirements for demonstrations, which condition would satisfy strict scrutiny?

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

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