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Misconduct & Prohibited Acts

Which statement best compares Judiciary Law §§484, 485, and 750?

A

Section 484 creates only a civil penalty, while §485 defines the same conduct as a class E felony.

B

Section 484 defines certain unauthorized practice, §485 makes violation a misdemeanor, and §750 allows the supreme court to punish unlawful practice as criminal contempt.

C

Section 484 applies only to court appearances and never to drafting documents.

D

Section 750 replaces §485 so that no misdemeanor charge may be brought.

Correct Answer

B. Section 484 defines certain unauthorized practice, §485 makes violation a misdemeanor, and §750 allows the supreme court to punish unlawful practice as criminal contempt.

AI Explanation

These sections work together rather than canceling one another. Judiciary Law §484 identifies prohibited unauthorized-practice conduct, §485 says violation is a misdemeanor, and §750 gives the supreme court power to punish unlawful practice as criminal contempt. For contrast, §750 supplements the statutory misdemeanor framework; it does not erase it.

Misconduct & Prohibited Acts Question #218
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