NYLE NY Constitutional Law & Civil Rights 1 — Questions and Answers
Question 1: Under the New York Constitution, how many judges sit on the Court of Appeals, New York's highest court?
- 5
- 6
- 7 (Correct answer)
- 9
Correct answer: 7
The New York Court of Appeals consists of a Chief Judge and six Associate Judges, for a total of seven judges.
Question 2: The New York Human Rights Law, which prohibits discrimination in employment and public accommodations, is codified in which statute?
- NY Civil Rights Law
- NY Executive Law Article 15 (Correct answer)
- NY Labor Law Article 8
- NY General Business Law Article 36
Correct answer: NY Executive Law Article 15
The New York Human Rights Law is found in Executive Law Article 15 and is enforced by the Division of Human Rights.
Question 3: Under the New York Human Rights Law, employers with how many or more employees are covered by its anti-discrimination provisions?
- 15
- 10
- 5 (Correct answer)
- 4
Correct answer: 5
The NY Human Rights Law covers employers with four or more employees, providing broader coverage than the federal Title VII threshold of 15.
Question 4: Under federal Section 1983, what is the applicable statute of limitations for a civil rights claim brought in New York federal court?
- 1 year
- 2 years
- 3 years (Correct answer)
- 4 years
Correct answer: 3 years
Courts apply New York's three-year general personal injury statute of limitations to Section 1983 claims filed in New York.
Question 5: Which constitutional provision is most directly implicated when a court reviews a New York City stop-and-frisk encounter?
- First Amendment
- Fourth Amendment (Correct answer)
- Fifth Amendment
- Fourteenth Amendment Due Process Clause
Correct answer: Fourth Amendment
Stop-and-frisk encounters are analyzed under the Fourth Amendment's prohibition on unreasonable searches and seizures, as articulated in Terry v. Ohio.
Question 6: Under Article 78 of the CPLR, which of the following is NOT a recognized basis for challenging an administrative agency's determination?
- The determination was arbitrary and capricious
- The agency exceeded its jurisdiction
- The petitioner disagrees with the agency's policy choice (Correct answer)
- The determination was made in violation of lawful procedure
Correct answer: The petitioner disagrees with the agency's policy choice
Article 78 does not allow courts to substitute their judgment for an agency's policy choices; courts review legality, not the wisdom, of agency decisions.
NYLE NY Constitutional Law & Civil Rights 1
Under the New York Constitution, how many judges sit on the Court of Appeals, New York's highest court?