Ny Essay Wrong Answers

Front 1

Can a person be guilty of conspiracy once the crime is complete?

Back 1

Yes, there is no merger of conspiracy into the underlying offense.

Front 2

What evidence must be used to convict on a conspiracy charge?

Back 2

More than uncorroborated testimony of a co-conspirator

Front 3

Withdrawal from solicitation and conspiracy

Back 3

Affirmative defense, must be pleaded by D and proven by preponderance. Requirements:

1) Voluntarily and completely renounced; and
2) Prevented commission of the object crime

Front 4

Search incident to a lawful arrest

Back 4

Police may search one in custody to ensure their safety and to protect evidence from being destroyed.

Distinguish stop and frisk: no "plain feel" rule

Front 5

If D waives his Miranda rights, requests counsel, and then confesses, was his Miranda waiver valid?

Back 5

Yes

Front 6

If D is represented by counsel, and gives a knowing and intelligent waiver of his Miranda rights outside counsel's presence, is this valid?

Back 6

Not if he is known to be represented by counsel in the pending case.

If he is known to be represented by counsel in an UNRELATED case, it's fine

Front 7

Liability of owner of vehicle for negligence where owner was not driving

Back 7

Under Vehicle and Traffic Law of NY, vehicle owners are responsible for injuries resulting from negligence in that vehicle

This liability is vicarious, derivative liability as opposed to the liability of a joint or concurrent tortfeasor.

The negligent operator owes the owner implied duty of indemnity

Front 8

Vehicle owner's indemnification against vehicle operator

Back 8

Cause of action accrues when owner pays judgment, and the SOL is six years (actions upon contractual obligation).

Under NY General Obligations law, right of indemnity is not extinguished by release, as distinguished from contribution, as it flows from a relationship between the wrongdoer and another.

Front 9

Statute of limitations in wrongful death actions

Back 9

2 years from date of decedent's death

Statute is not tolled for failure to appoint legal representative, or when legal representative is infant

Front 10

Contribution actions against third party where the original plaintiff could not have recovered against that party

Back 10

For an action for contribution to be maintained, it is necessary that each tortfeasor have breached a duty. Where there is no duty to P, then there can be no liability for contribution.

Front 11

Possession of obscene articles

Back 11

Possession of 6 or more identical obscene articles is presumed to be possession with intent to promote the same.

Judicial determination is necessary before obscene materials are to be seized, unless there are exigent circumstances

Front 12

Is independent negligence of another a superseding intervening cause cutting off D's liability?

Back 12

D is liable for harm caused by negligence of 3rd persons where such negligence is a foreseeable risk created by D's conduct.

Where the accident occurred solely because of intervening gross negligence, that gross negligence is a superseding intervening cause.

Front 13

Is a crime or intentional tort a superseding intervening cause?

Back 13

Yes, if D's negligence created a foreseeable risk that a third person would commit a crime or intentional tort

Front 14

Intra-family tort immunity

Back 14

No intra-family immunity of any kind in NY

Front 15

Limitation on testamentary gifts to charity

Back 15

Long abolished in NY

Front 16

Renunciation of bequest

Back 16

File irrevocable renunciation, notarized, within 9 months of T's death, and separate affidavit that received no consideration

Front 17

USDA and tenants by the entirety

Back 17

Properties converted to tenancies in common; each tenant by the entirety now has 1/2 undivided share.

Under USDA pretend that the other died first, and inherit those 1/2 shares accordingly

Front 18

Simultaneous deaths

Back 18

Uniform Simultaneous Death Act (USDA): A and B die simultaneously. Under A's will, treat B as predeceased. Under B's will, treat A as predeceased.

Front 19

Lifetime gifts as advancement of intestate share or legacy

Back 19

Not presumed; to be treated as advancement, must be proved by writing contemporaneous with the gift, signed by either the donor or the donee, and evidencing the intention to treat it as such.

Front 20

Revocation: wills and codicils

Back 20

Revocation of a will revokes all codicils thereto. However, revocation of a codicil does not revoke the original will

Front 21

Physical act sufficient to revoke

Back 21

The important thing here is intent to revoke.

Burning, tearing, cutting, canceling, obliterating, mutilating, or other destruction

Crossing out the signature
Questionable as to whether writing "void" or "revoked" works; an essay said it did, lecture said it didn't.

Front 22

Lapsed gifts: general rule

Back 22

Testamentary beneficiary must survive the testator in order to take her gift. If the beneficiary predeceases the testator, the gift lapses, unless the anti-lapse statute applies.

Front 23

New York Anti-Lapse statute

Back 23

If will makes gift to testator's issue, brother, or sister, and this beneficiary predeceases, the disposition vests in the surviving issue.

Front 24

Lapse in residuary gift

Back 24

If the residuary estate is devised to two or more persons and the gift to one of them fails for any reason, the share passes to other residuary beneficiaries in proportion to interests in residue, unless in the scope of the anti-lapse statute.

Front 25

When beneficiary of specific bequest is entitled to insurance proceeds

Back 25

Entitled to any insurance proceeds paid AFTER the testator's death for property specifically bequeathed to beneficiary.

Front 26

Revival of Revoked wills, effect of codicils

Back 26

Will may be revived by (i) execution of codicil that incorporates by reference the prior will or one or more of its provisions; (ii) later writing with testamentary formalities; or (iii) republication of prior will (which republishes all codicils thereto absent showing of contrary intent)

Note DRR

Front 27

Revoke, modify, or alter Totten trust by will

Back 27

must refer to the specific Totten trust in the will, and this requirement is strictly construed

Front 28

Revocation by implication on grounds of divorce

Back 28

applies only to gifts from former spouse; bequest to spouse of sibling or offspring is not revoked if after execution of the will the sibling or offspring and spouse divorce.

Front 29

Gift in will of stock in publicly traded corporation: stock splits and dividends

Back 29

classified as general legacy absent language indicating contrary intention

Treated as specific bequest in case of stock splits, and all stock acquired due to stock splits is included

Dividends are considered capitalization of accumulated profits and are not included

Front 30

Dead Man Acts generally

Back 30

A party or person interested in the event is incompetent to testify to a personal transaction or communication with a deceased, when such testimony is offered against the representative or successors in interest of the deceased.

Front 31

"Interested" for purpose of Dead Man Act

Back 31

a person is "interested" if he stands to gain or lose by the judgment or judgment may be used for or against him in a subsequent action; also disqualifies predecessor in interest

Front 32

New York Dead Man Act

Back 32

Applicable to civil cases only

Coverage is extended to incompetents

Automobile accident exception: survivor may testify as to facts of negligence, but not the communications with decedent.