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NYLE - Civ Pro Test questions and answers 2025 latest update.
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NYLE - Civ Pro Test questions andanswers 2025 latest update.
Principal appellate courts: Court of Appeals: NY Const art VI, § 3 -
answer The Court of Appeals is the highest court in the court
system. It has no original jurisdiction
but exercises only appellate jurisdiction without regard to the
amount in controversy. Its jurisdiction is generally limited to
questions of law.
Principal appellate courts: Appellate Division of Supreme Court
(First, Second, Third and Fourth Judicial Departments;
see Appendices A, B); NY Const art VI, § 4 - answer The appellate
division is a single statewide appellate court, divided into four
judicial departments, and is the principal intermediate appeals
court. Pursuant to the doctrine of stare decisis, trial courts in a
given department are required to follow precedent set by another
department until the Court of Appeals or the department in which
the trial court sits pronounces a contrary rule. The appellate
divisions should accept the decisions of sister departments as
persuasive authority, but they are free to reach a contrary result
(Mountain View Coach Lines, Inc. v Storms, 102 AD2d 663 [2d Dept
1984]).
Principal appellate courts: Appellate Terms of the Supreme Court:
NY Const art VI, § 8 - answer Appellate Terms of the Supreme Court
exist in the First Judicial Department (consisting of two counties
within New York City) and Second Judicial Department (consisting of
three counties within New York City and seven other counties)(see
Appendix B). The Appellate Terms hear appeals from the Civil and
Criminal Courts of New York City and the Appellate Term of the
Second Department also hears appeals from district, county (except
felony cases), city, town and village courts.
,Principal trial courts: Supreme Court: NY Const art VI, § 7 - answer
The Supreme Court has general original
jurisdiction of all cases in law and equity without monetary
limitation unless its jurisdiction has been specifically proscribed. In
some cases its jurisdiction is concurrent with that of other courts. It
has exclusive subject matter jurisdiction over matrimonial actions
and wrongful death claims. In New York City, the Supreme Court
hears all felonies.
The Commercial Division of the Supreme Court handles claims
meeting a minimum monetary threshold and involving a multitude
of commercial disputes (22 NYCRR § 202.70 [a], [b]. Shortly after
commencement of an action, any party may seek assignment of his
commercial case to the Commercial Division and upon transfer, the
parties are subject to the specific rules of practice for the
Commercial Division (see 22 NYCRR § 202.70 [g]). The Rules dictate,
among other matters, electronic submission and form of papers,
attorney appearances, limitations on discovery, discovery of
electronically stored information (see Civil
Practice and Procedure, X.A.), adherence to discovery schedules
and discovery disputes, motions, and trials.
Principal trial courts: Court of Claims: NY Const art VI, §
9; Court of Claims Act - answer The Court of Claims has exclusive
jurisdiction over tort and contract claims against the State of New
York. The Court of Claims may not exercise equitable jurisdiction
and does not have jurisdiction over non-state actors.
Principal trial courts: County Court: NY Const art VI, § 11 - answer
County Courts exist only in the Second Department outside New
York City and Long Island and the Third and Fourth Judicial
Departments (which include counties that are all outside New York
City). County Courts have jurisdiction over all criminal matters, but
hear primary felonies. They have limited jurisdiction over civil cases
where the amount to be recovered does not exceed $25,000 and
have jurisdiction over summary proceedings to recover possession
of real property. They also have jurisdiction over appeals from city,
town and village courts.
, Principal trial courts: Surrogate's Court: NY Const art VI,
§ 12; Surrogate Court Procedure Act (SCPA) - answer The
Surrogate's Court has jurisdiction over all proceedings relating to
the affairs of decedents, probate of wills, administration of estates,
and guardianship of the property of minors. It also has concurrent
jurisdiction with the Family Court over adoptions and concurrent
jurisdiction with Supreme Court over the administration of a
decedent's estate (although such matters are generally disposed of
in the Surrogate's Court) and over the allocation and distribution of
the proceeds of wrongful death actions. The Surrogate's Court has
full equity powers in matters over which it has jurisdiction.
Principal trial courts: Family Court: NY Const art VI, § 13; Family
Court Act (FCA) - answer The Family Court has jurisdiction over
child abuse and neglect proceedings, spousal and child support
proceedings, proceedings to determine paternity, proceedings for
the permanent termination of parental rights, person-in-need-of-
supervision (PINS) proceedings, family offense proceedings
(concurrent and simultaneous with the criminal courts), juvenile
delinquency proceedings, adoptions, and custody and support
proceedings when referred by the Supreme Court.
Other courts: New York City Civil Court; New York City Criminal
Court: NY Const art
VI, § 15 - answer The New York City Civil Court has jurisdiction
within the City of New York over monetary actions where the
amount to be recovered does not exceed $25,000 and over summary
proceedings to recover possession of real property. The New York
City Criminal Court has criminal jurisdiction within the City of New
York over misdemeanors and violations.
Other courts: District, city, town and village courts: NY Const art VI,
§§ 16, 17; Uniform Court Acts § 202 - answer District Courts
(established only in Nassau and Suffolk Counties located in the
Second Judicial Department) and city courts have jurisdiction over
monetary actions where the amount to be recovered does not
exceed
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