CPLR Quiz 4 Articles 34-78

Question 1

CPLR 3402 Any party may place a case on the calendar after issue is first joined or after __ days have passed since service of the summons has been completed.

Answer 1

40

Question 2

CPLR 3402 Any party may place a case on the calendar by filing with the clerk 2 copies of a note of issue and proof of service within __ days after service upon the other party.

Answer 2

10

Question 3

CPLR 3403 T/F? Unless a preference is granted, civil cases shall be tried in the order in which ______ have been filed.

Answer 3

notes of issue

Question 4

CPLR 3403 T/F? Preference shall be granted in any action in which attorney is over the age of 70

Answer 4

False

Question 5

CPLR 3404 A case marked off and not restored within ___ shall be deemed abandoned

Answer 5

1 year

Question 6

CPLR 3406 Notice of medical malpractice action must be filed within ___ days after issue is first joined.

Answer 6

60

Question 7

Which of the following actions is not entitled to a trial preference?
A. action brought by the state
B. action where preference is not provided by the statute, but plaintiff is 65 yrs old
C. medical malpractice action or application of party at least 70 yrs old
D. action against the state

Answer 7

B. action where preference is not provided by the statute, but plaintiff is 65 yrs old
(CPLR 3403)

Question 8

Generally, a motion for a preference shall be served with the note of issue by a party serving note of issue or by any other party within \_\_ days of such service
A. 10
B. 20
C. 30
D. 15

Answer 8

A. 10 (CPLR 3403)

Question 9

In personal injury actions involving terminally ill parties whose illness is a result of defendant's conduct, may request an expedited preliminary conference and timetable. Generally: 1. preliminary conference shall be held within 20 days after the filing of the request. 2. discovery is to be completed within 90 days after the preliminary conference 3. trial is to be commenced within \_\_\_\_\_ of judge's order (made at preliminary conference)
A. 6 months
B. 9 months
C. 1 year
D. 15 months

Answer 9

C. 1 year (CPLR 3407)

Question 10

CPLR 4101 List the issues that shall be tried by a jury (unless waived/MCWREND)

Answer 10

Money
Chattel
Waste
Real property 
Nuisance
Dower

Question 11

CPLR 4102 Party served with note of issue not demanding trial by jury may demand trial by jury within __ days of service of note of issue

Answer 11

15

Question 12

CPLR 4102 Party served with note of issue not demanding trial by jury of all issues may demand trial by jury of any other issues within __ days of service of demand

Answer 12

10

Question 13

CPLR 4104 A civil jury shall consist of ___ jurors

Answer 13

6

Question 14

CPLR 4106 The maximum number of alternate jurors in a civil case is ___

Answer 14

2

Question 15

CPLR 4109 Each party in a civil case has ____ peremptory challenge(s) for regular jurors and ____ peremptory challenge(s) for every two alternate jurors

Answer 15

3 & 1

Question 16

CPLR 4109 T/F? Where there are more parties on one side than on the other, the court may grant an additional equal number of peremptory challenges to both sides

Answer 16

True

Question 17

CPLR 4110 T/F? The defendant must be present at the viewing of a premises.

Answer 17

False

Question 18

CPLR 4111 A ______ verdict is one in which the jury finds in favor of one or more parties

Answer 18

general

Question 19

CPLR 4113 T/F? A civil verdict must be unanimous

Answer 19

False 5/6 is required

Question 20

Unless the court orders otherwise, the maximum number of alternate jurors in a civil case as per the CPLR is \_\_\_\_\_
A. 2 jurors
B. 4 jurors
C. 6 jurors
D. 0 to 6 jurors

Answer 20

A. 2 jurors )CPLR 4106)

Question 21

Where there are more parties on one side than on the other the court, may
A. grant additional challenges to the side with most parties
B. eliminate peremptory challenges for both sides
C. eliminate challenges for cause for the side with most parties
D. grant the same number of additional peremptory challenges to both sides.

Answer 21

D. grant the same number of additional peremptory challenges to both sides
(CPLR 4109)

Question 22

Relating to the viewing of a premises by jury, which of the following is correct?
A. jury may be kept together
B. the court may be present
C. appropriate public servant(s) may be present
D. parties may be present

Answer 22

D. parties may be present

CPKR 4110-c

Question 23

CPLR 5001 Amount of interest awarded on a verdict, report or decision shall be computed by ___________.

Answer 23

the clerk of the court

Question 24

CPLR 5001 The 3 general time periods for the calculation of interest on a judgement are:

Answer 24

1. date of occurrence to date of decision/verdict
2. date of decision/verdict to date of entry of judgment
3. date of judgment entry to date of payment

Question 25

CPLR 5012 T/F? A judgment dismissing a cause of action before the close of the proponent's evidence is a dismissal on the mertis

Answer 25

False

Question 26

CPLR 5105 Request for relief from a judgment based on excusable default must be made within____ year after service of a copy of order or judgment with written notice of entry

Answer 26

1

Question 27

CPLR 5016 Upon a special verdict ______ shall direct the entry of a judgment

Answer 27

the judge

Question 28

CPLR 5016 Judgment upon a general verdict of a jury shall be entered by ______

Answer 28

the clerk

Question 29

The current rate of interest on a judgment is: A. 9% per year, compounded daily B. 6% per year, compounded annually C. 6% per year, on original judgment amount D. 9% per year, on original amount

Answer 29

D. 9% per year, on original amount | CPLR 5004

Question 30

CPLR 5201 Proper garnishee of property consisting of an interest in a partnership is ______

Answer 30

any partner other than the judgment debtor

Question 31

CPLR 5205 Wedding ring is exempt from application to satisfaction of judgment if it doesn't exceed $______.

Answer 31

1,000

Question 32

CPLR 5207 T/F? The procedures in article CPLR 52 relating to enforcement of money judgments are applicable to judgments against NYS.

Answer 32

False

Question 33

CPLR 5222 A restraining notice may be issued by the clerk of the court or the attorney for the judgment creditor as officer of the court, or by _________

Answer 33

the support collection unit designated by the appropriate social services district

Question 34

CPLR 5241 t/F? "Income" as defined for support enforcement includes unemployment insurance benefits and federal social security benefits

Answer 34

True

Question 35

Which of the following is false? A restraining notice A. may be served on judgment debtor's employer to restrain wages B. generally, must be served in like manner as a summons C. is effective for a period of one year, unless judgment is paid before D. must specify all the parties to the action

Answer 35

A. may be served on judgment debtor's employer to restrain wages (CPLR 5222)

Question 36

Which of the following is false? Referring to disclosure after judgment A. subpoena for oral deposition may be served B. subpoena duces tecum may be served C. A person other than judgment debtor must be paid 1 day's witness fee plus traveling expenses D. disobedience of subpoena is not punishable as a contempt of court

Answer 36

D. disobedience of subpoena is not punishable as a contempt of court CPLR 5230

Question 37

``` Income execution is for maximum of _______% of qualifying judgment debtor's income (money from any source) A. 9% B. 10% C. 12% D. none of the above ```

Answer 37

B. 10% (CPLR 5231)

Question 38

``` A restrainting notice shall: 1. specify all the parties to the action 2. the date that judgment or order was entered 3. the court in which it was entered 4. the amount of judgment or order and amount then due A. 1, 2 and 3 B. 2, 3 and 4 C. 1, 2, 3 and 4 D. 1, 3 and 4 ```

Answer 38

C. 1, 2, 3 and 4 (1. specify all the parties to the action 2. the date that judgment or order was entered 3. the court in which it was entered 4. the amount of judgment or order and amount then due) CPLR 5222

Question 39

``` A restraining notice shall: 1. the names of all parties in whose favor judgment was entered, 2. set forth the effect of restraint, prohibition of transfer and duration of restringing notice, 3. shall state that disobedience is not punishable as a contempt of court, 4. contain original or copy signature of clerk of court or attorney or name of support collection unit which issued it A. 1, 2, 3 and 4 B. 1, 2 and 3 C. 1, 2 and 4 D. 1 and 2 ```

Answer 39

C. 1, 2 and 4 (1. the names of all parties in whose favor judgment was entered, 2. set forth the effect of restraint, prohibition of transfer and duration of restringing notice 4. contain original or copy signature of clerk of court or attorney or name of support collection unit which issued it) CPLR 5222

Question 40

CPLR 5511 The party who appeals is known as the _______

Answer 40

appellant

Question 41

CPLR 5512 The adverse party to the appellant is known as _________

Answer 41

the respondent

Question 42

CPLR 5512 In a civil case you may appeal a _______ or ________.

Answer 42

judgment, an order

Question 43

CPLR 5513 A notice of appeal must be served and filed within _____ days after service upon appellant of a copy or order and written notice of its entry

Answer 43

30

Question 44

CPLR 5515 Appeal shall be taken by serving on the adverse party a notice of appeal AND _______

Answer 44

filing it in office where judgment/order is entered

Question 45

CPLR 5516 A motion for permission to appeal must be noticed to be heard at least _____ days and not more than _____ days after the notice of motion is served

Answer 45

8...15

Question 46

CPLR 5524 A judgment directed by an appellate court must be entered by the clerk of ________

Answer 46

the court to which remission is made

Question 47

Which of the following statements relating to appeals is correct? A. Generally , the court of appeals reviews questions of fact only. B. Generally, appellate division reviews questions of law only. C. An order or a final judgment can be appealed D. Generally the appellate term reviews questions of law only

Answer 47

C. an order or a final judgment can be appealed | CPLR 5501

Question 48

``` A ______ can be appealed within 30 days of service of copy of judgment with notice of entry. 1. default judgment by either party, 2. final judgment A. 1 B. 2 c. 1 and 2 d. neither 1 nor 2 ```

Answer 48

b. 2. final judgment (CPLR 5511)

Question 49

An appeal as of right must be made by serving and filing notice of appeal within 30 days of a. entry of judgment or order b. decision or verdict c. service of copy of judgment or order with notice of entry d. entry of judgment or 30 days from entry of order

Answer 49

c. service of copy of judgment or order with notice of entry | CPLR 5513

Question 50

Generally, the service and filing of a notice of appeal stays all proceedings to enforce the judgment A. in all civil cases B. in all cases where the judgment being appealed is a final judgment c. in all cases where the judgment being appealed is an interlocutory judgment D. if an undertaking is filled.

Answer 50

d. if an undertaking is filed | CPLR 5519

Question 51

An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order is entered. A notice of appeal shall designate: 1. name of party taking the appeal, 2. the judgment or order (or specific part of judgment or order being appealed) and 3. the court to which the appeal is taken a. 1 and 2 b. 1, 2 and 3 c. 2 only d. 2 and 3

Answer 51

b. 1, 2 and 3 (1. name of party taking the appeal, 2. the judgment or order (or specific part of judgment or order being appealed) and 3. the court to which the appeal is taken) CPLR 5515

Question 52

CPLR 7001 A habeas corpus proceeding is a ______ proceeding.

Answer 52

special

Question 53

CPLR 7002 T/F? Petition for writ of habeas corpus may be made by party in child abuse proceeding

Answer 53

true

Question 54

CPLR 7002 T/F? Petition for writ of habeas corpus may be made to any supreme court justice

Answer 54

true

Question 55

CPLR 7005 A writ of habeas corpus may be served on ________

Answer 55

any day

Question 56

CPLR 7009 Where detention is by virtue of a mandate, court shall not adjudicate the issues in proceeding until written notice of hearing has been served personally _____ days prior to hearing, or as court may order.

Answer 56

8

Question 57

Which of the following is false? Generally, a petition for a writ of habeas corpus may not be made to a. supreme court in judicial district where person is detained b. appellate division in department where person is detained c. any justice of the supreme court d. any county judge

Answer 57

d. any county judge | CPLR 7002

Question 58

Petition or affidavit in a petition for a writ of habeas corpus must stay among other things the: 1. date and court or judge to whom it made 2. deposition of previous applications for a writ, appeal if taken, or new facts, if any a. 1 b. both 1 and 2 c. neither 1 nor 2 d. 2 only

Answer 58

b. both 1 and 2 | CPLR 7002

Question 59

CPLR 7501 T/F? A written agreement to submit a controversy to arbitration is enforceable and confers jurisdiction on the courts to enter judgment on the award

Answer 59

true

Question 60

CPLR 7502 (Arbitration) T/F? Failure to assert the statute of limitations shall preclude its assertion before the arbitrators

Answer 60

false

Question 61

CPLR 7503 Party may serve upon other party demand to arbitrate (served in same manner as summons) or by _______

Answer 61

certified mail, return receipt requested

Question 62

CPLR 7505 An arbitrator has the power to issue subpoenas and ________

Answer 62

administer oaths

Question 63

CPLR 7506 An arbitration hearing shall be conducted by all the arbitrators, but ________ may determine any question and render an award

Answer 63

a majority

Question 64

CPLR 7508 An award by confession may be made within ______ months after the statement is verified

Answer 64

3

Question 65

CPLR 7510 The court shall confirm an arbitration award upon an application of a party made within _____ after its delivery to him

Answer 65

one year

Question 66

The court upon application of a party, shall appoint an arbitrator where: 1. arbitration agreement does not provide for method of appointing arbitrator 2. if method fails or is not followed 3. if arbitrator fails to act and his successor is not appointed a. 1 b. 1 or 2 c. 1, 2 and 3 d. none of the above

Answer 66

c. 1, 2 and 3 (1. arbitration agreement does not provide for method of appointing arbitrator 2. if method fails or is not followed 3. if arbitrator fails to act and his successor is not appointed) CPLR 7504

Question 67

Which of the following grounds is not a ground for vacating an arbitrator's award? A. the rights of the party were prejudiced by above grounds b. a valid agreement to arbitrate was not made c. the arbitration agreement was not complied with d. the arbitrator awarded upon a matter not submitted to him

Answer 67

d. the arbitrator awarded upon a matter not submitted to him | CPLR 7511

Question 68

CPLR 7801 T/F? An article 78 proceeding may be used to challenge a determination that can be reviewed by appeal by a higher court

Answer 68

false

Question 69

CPLR 7801 T/F? An article 78 proceeding shall not be used to challenge any determination which was made in a civil or criminal proceeding

Answer 69

false

Question 70

CPLR 7804 T/F? An article 78 proceeding (proceeding against a body or officer) is not a special proceeding.

Answer 70

true

Question 71

CPLR 7804 A proceeding against a body or officer shall be brought in ____________.

Answer 71

any county in the judicial district where cause of action arose.

Question 72

CPLR 7804 T/F? In an article 78 proceeding, a notice of petition must be served

Answer 72

false

Question 73

CPLR 7804 In an article 78 proceeding the petition and notice of petition must be served at least __ days before the time stated for appearance

Answer 73

20

Question 74

Answer and supporting affidavits in an article 78 proceeding must be served at least ___ days before time petition is notice to be heard a. 1 b. 2 c. 5 d. 7

Answer 74

c. 5 (CPLR 7804)

Question 75

An article 78 notice of petition against a state body or officer(s) must in addition to the body or officers be served upon the: a. state comptroller b. attorney general c. chief judge of the court of appeals d. none of the above

Answer 75

b. attorney general (CPLR 7804)