Article 40

Question 1

Marked pleadings must be plainly marked to indicate which statements are _______ and which are _________ by the responsive pleading

Answer 1

Admitted ; controverted

CPLR 4012

Question 2

Closing statements are made in (same order/inverse order) to opening statements.

Answer 2

Inverse order

CPLR 4016

Question 3

Marked pleadings shall be furnished to the judge by the party who ____________.

Answer 3

Filed the note of issue

CPLR 4012

Question 4

A motion for a trial by referee or advisory jury shall be made within __ days after the note of issue is filed

Answer 4

20

CPLR 4015

Question 5

T/F? Formal exceptions to rulings of the court are not necessary

Answer 5

True

CPLR 4017

Question 6

T/F? Where increased damages are granted by statute, the decision, report or verdict shall specify the sum awarded as single damages, and judgment shall be entered for the increased amount.

Answer 6

True

CPLR 4018

Question 7

When the court conducts an interview of an infant in any action or proceeding to fix temporary or permanent custody or to modify judgments and orders of custody
A. A stenographic record must be made in all cases
B. A stenographic record must be made only if both sides agree
C. A stenographic record must be made only if infant is under the age of 7
D. None of the above

Answer 7

A. A stenographic record must be made in all cases

CPLR 4019

Question 8

Fire the parties make opening statements in this order (P1, P2, P3, D1, D2) the order in which they will make closing statements is
A. D2, D1, P3, P2, P1
B. D1, D2, P3, P2, P1
C. D2, D1, P1, P2, P3
D. None of the above

Answer 8

A. D2, D1, P3, P2, P1

CPLR 4016

Question 9

Which of the following statements are true? In an action to recover damages for personal injuries or wrongful death, attorney for party shall be permitted to make reference during closing statements to specific dollar amount that attorney believes to be appropriate compensation for damages. Upon request by party, court shall instruct jury that:
1. Attorneys reference to a dollar amount is permitted as argument
2. Attorneys reference is evidence
3. The determination of damages is solely for the jury to decide
A. 1, 2 and 3
B. 2 and 3
C. 1 and 2
D. 1 and 3

Answer 9

A. 1, 2 and 3

CPLR 4016

Question 10

Marked pleadings shall be furnished by
A. The plaintiff in all cases
B. The defendant in all cases
C. Both the plaintiff and the defendant 
D. The party who filed the note of issue

Answer 10

D. The party who filed the note of issue

CPLR 4012

Question 11

Generally, the court may appoint a ___________ to determine an issue, perform an act, or inquire and report.

Answer 11

Referee

CPLR 4001