Article 12 Flashcards Preview

CPLR > Article 12 > Flashcards

Flashcards in Article 12 Deck (22):
1

A controversy involving an infant, incompetent or conservatee shall not be submitted to arbitration except _________.

Pursuant to a court order made upon application of the representative of such infant, incompetent or conservatee

CPLR 1209

2

T/F When the court appoints a guardian for an infant, the court must require that an undertaking be deposited

False



CPLR 1210 "may"

3

When the court appoints a guardian for an infant, their court may order that money of infant be deposited in __________.

Governmental bonds or insured accounts.



CPLR 1210

4

When the court appoints a guardian for an infant, the guardian shall file a certified copy of the order of appointment with the _________ court in the county of appointment

Surrogate's



CPLR 1210

5

If the value of the property does not exceed _______, the court may order the property distributed to person with whom infant, incompetent or conservatee resides for infants use and benefit

$10,000


CPLR 1206

6

If an infant (is / is not) represented by an attorney, an attorney for an adverse party may prepare settlement papers and the attorney shall state the fact.

Is not



CPLR 1208

7

The court may/must appoint a guardian ad litem for an adult incapable of adequately prosecuting or defending his rights

Must



CPLR 1201

8

In addition to serving person legally responsible for infant, the infant must also be served if he is more than ___ years of age.

14


CPLR 1202

9

NO default judgment may be entered against an infant or incompetent unless his representative has appeared in action or __ days have passed since appointment of a guardian ad litem

20



CPLR 1203

10

Infant, incompetent or conservatee shall/shall not be liable for costs unless court orders otherwise.

Shall not



CPLR 1205

11

Which of the following choices is not correct? Unless the court appoints a guardian ad litem, an infant shall appear by the following (in order)
A. Guardian of his person
B. Parent having legal custody
C. Any person or agency having legal custody
D. Adult spouse residing with infant (if infant is married)

A. Guardian of his person



CPLR 1201. Should be guardian of his property

12

Which of the following statements is not correct?
A. No default judgment may be entered against an infant or incompetent unless his representative has appeared in the action or 20 days have passed since the appointment of a guardian ad litem
B. No default judgment may be entered against an adult incapable of protecting his rights for whom a guardian ad litem has been appointed unless 20 days have passed since the appointment of a guardian ad litem
C. Court may allow guardian reasonable compensation upon an affidavit of the guardian or his attorney showing their services rendered
D. An infant, incompetent or conservatee shall be liable for costs unless the court orders otherwise

D. An infant, incompetent or conservatee shall be liable for costs unless the court orders otherwise


CPLR 1203-1205

13

Which of the following statements is not correct? Proceeds of claim of infant, incompetent or conservatee (after deducting expenses allowed by the court) are distributed to guardian of his property, committee, or conservator. However:
A. If infant is married and resides with an adult spouse, the court may order that the property be distributed to such spouse for infants use (no limit on amount)
B. If the value of the property does not exceed $20,000, the court may order the property distributed to person with whom infant, incompetent or conservatee resides for infants use and benefit
C. Court may order money deposited in an insured bank account or other insured or guaranteed money market, government bonds, treasury bills
D. When an infant reached the age of 18, he may receive the money

B If the value of the property does not exceed $20,000, the court may order the property distributed to person with whom infant, incompetent or conservatee resides for infants use and benefit

CPLR 1206

14

Which of the following is the correct order? Unless the court appoints a guardian ad litem, an infant shall appear by the following:
1. Guardian of his property
2. Parent having legal custody
3. Adult spouse residing with infant (if infant is married)
4. Any person or agency having legal custody
A. 1, 2, 3, 4
B. 1, 2, 4, 3
C. 2, 1, 3, 4
D. 2, 1, 4, 3

A. 1, 2, 3, 4



CPLR 1201

15

Which of the following is false? Notice of petition for allowance for infant's support shall be given to:
A. Guardian of property, if petitioner is represented by other than guardian
B. Father (if living); if not, mother (if living); person residing with infant
C. Infant, regardless of age
D. Infant if of the age of 14 or over.

C. Infant, regardless of age



CPLR 1211(b)

16

Upon appointment of a guardian of person of an infant, guardian shall file a certified copy of the order with
A. Clerk of civil court in the county of appointment
B. County clerk in the county of appointment
C. Clerk of surrogates court in the county of appointment
D. None of the above

C. Clerk of the surrogates court in the county of appointment



CPLR 1210 e

17

Which of the following is not correct? The court may on its own motion, or on motion of one of the following parties, appoint a guardian ad litem for an infant
A. Infant party if he is more than 10 years of age
B. A relative or friend of the infant
C. Any party to action if motion is not made by infant or person in choices B or D
D. Guardian, committee of property, or conservator

A. Infant if 14 or older



CPLR 1202

18

Default judgment cannot be entered against an infant or incompetent unless his representative has appeared in the action or 20 days have elapsed since the appointment of ______ for infant or incompetent
A. A guardian
B. A conservator
C. A committee
D. A guardian ad litem

D. Guardian ad litem



CPLR 1203

19

If the infant or incompetent is not represented by attorney, settlement papers:
A. May be prepared by the clerk
B. Must be prepared by the clerk
C. May be prepared by the court attorney
D. May be prepared by attorney for adverse party

D. May be prepared by attorney for adverse party



CPLR 1208 f

20

A controversy involving an infant
A. Must be submitted to arbitration
B. May never be submitted to arbitration
C. Must be submitted to arbitration if infant is 14 or over
D. May be submitted to arbitration upon court order on application of infants representative

D. May be submitted to arbitration upon court order on application of infants representative


CPLR 1209

21

Upon motion, court can order settlement of an action commenced by or on behalf of an infant, incompetent or conservatee. If NO action has been commenced, a _________ for settlement purposes may be commenced in Supreme Court (or county court if Supreme Court is not available in county where action is triable)

Special proceeding


CPLR 1207

22

If the infant is __ or more, the court must examine him as to his voluntary nomination of a suitable guardian

14


CPLR 1210