New York Law Course and Examination Review

This set of vocabulary flashcards summarizes key legal terms, court structures, statutory definitions, and common law doctrines from the official Revised October 2024 Course Materials for the New York Law Examination.

Court of Appeals

The highest court in the New York court system, exercising only appellate jurisdiction in criminal and civil cases, generally limited to questions of law.

Supreme Court

A court of general original jurisdiction in law and equity without monetary limitation, having exclusive subject matter jurisdiction over matrimonial actions and wrongful death claims.

County Court

Courts existing in all counties outside of New York City with jurisdiction over criminal matters (primarily felonies) and civil actions to recover money up to $25,000$.

SAPA (State Administrative Procedure Act)

The statutory framework governing the procedural requirements for New York state agency rulemaking and adjudicatory proceedings.

NYCRR (New York Codes, Rules and Regulations)

The published compilation of the rules and regulations of all New York state agencies.

Business Judgment Rule

A standard of review providing that officers and directors must perform their duties in good faith and with the degree of care an ordinarily prudent person in a like position would use under similar circumstances.

Appraisal Rights

The right of a dissatisfied shareholder of a business corporation who dissented from certain corporate actions to petition the court to receive the fair cash value of his or her shares.

Long-Arm Jurisdiction ($CPLR 302$)

A statute permitting New York courts to exercise personal jurisdiction over a non-domiciliary for causes of action arising from specific state-connected acts, such as transacting business or committing a tort within the state.

Summary Judgment ($CPLR 3212$)

A motion granted if, upon all papers and proof submitted, the court determines that judgment is warranted for a party as a matter of law because there are no triable issues of fact.

Statute of Repose

A substantive rule that imposes a time limit blocking a cause of action before it may accrue, unlike a procedural statute of limitations.

Infant

A person under the age of $18$; contracts entered into by such persons are generally voidable at their election.

Statute of Frauds

A legal doctrine requiring certain agreements (e.g., real estate sales, contracts not performable within one year) to be in writing and signed by the party to be charged.

Felony

An offense for which a sentence to a term of imprisonment in excess of one year may be imposed.

Culpable Mental States

The four states of criminal liability: intentionally (conscious objective), knowingly (aware), recklessly (aware of and disregards risk), and with criminal negligence (fails to perceive risk).

Felony Murder

Second-degree murder occurring when a participant causes the death of a non-participant during the commission or immediate flight from a specified felony.

Frye Test

The standard for determining the reliability of scientific evidence based on whether the techniques used have gained general acceptance in the particular scientific field.

Hearsay

An oral or written out-of-court statement offered for the truth of the matters it asserts, generally inadmissible unless falling within a recognized exception.

Equitable Distribution

The system for dividing marital property in a divorce based on $15$ distinct statutory factors, regardless of which spouse holds title.

IOLA (Interest on Lawyer Account)

A special account for client funds that are too small or held for too short a time to generate significant interest, with the interest distributed to not-for-profit civil legal service entities.

Warranty of Habitability

An implied warrant in every written or oral residential lease that the premises are fit for human habitation and the uses intended by the parties.

Adverse Possession

A method of acquiring title to real property through occupancy that is adverse, under claim of right, open and notorious, continuous, exclusive, and actual for a statutory period of $10$ years.

Pure Comparative Negligence

A doctrine where culpable conduct of the claimant (contributory negligence or assumption of risk) does not bar recovery but diminishes damages in proportion to the conduct's share of the blame.

Labor Law $§ 240$ (Scaffolding Law)

Imposes absolute liability on contractors and owners for elevation-related injuries to workers resulting from the absence or improper use of safety devices.

Grave Injury

Specific severe injuries (e.g., death, amputation, paraplegia) under the Workers' Compensation Law that permit a third party to seek contribution or indemnification from an employer.

Serious Injury

A statutory threshold in no-fault insurance (e.g., fracture, dismemberment, death) that must be met to bring a legal action for non-economic loss (pain and suffering).

Elective Share

The right of a surviving spouse to take the greater of $50,000$ or one-third ($\frac{1}{3}$) of the decedent's net estate, including testamentary substitutes.

Totten Trust

A bank account in the name of the depositor as trustee for a named beneficiary, which transfers to the beneficiary only upon the depositor's death.

Rule Against Perpetuities

A rule limiting the suspension of the absolute power of alienation or the remoteness of vesting of property interests to a period of lives in being plus $21$ years.