Article 41 Flashcards

1
Q

The first ______ persons who appear as their names are drawn and called, and are approved as indifferent between the parties, and not discharged or excuses, must be sworn and constitute the jury to try the issue

A

6

CPLR 4105

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2
Q

T/F? After the final submission of the case, the court may in its discretion, retain such alternate juror or jurors. If any of the regular jurors cannot perform his duties, the court shall discharge the juror and draw the name of an alternate to replace the discharged juror.

A

True

CPLR 4106

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3
Q

T/F? A judge shall not be present at the examination of jurors

A

False

CPLR 4107

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4
Q

T/F? A challenge to a juror or the entire panel of jurors shall be tried and determined by the court

A

True

CPLR 4108

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5
Q

Persons shall be disqualified as jurors if related within the _______ degree by consanguinity or affinity to a party

A

sixth

CPLR 4110

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6
Q

Each party in a civil case has ___ peremptory challenge(s) for regular jurors and __ peremptory challenge(s) for every two alternate jurors

A

3…1

CPLR 4109

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7
Q

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

A

True

CPLR 4109

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8
Q

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

A

False

CPLR 4110

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9
Q

A ________ verdict is one in which the jury finds in favor of one or more parties

A

general

CPLR 4111

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10
Q

T/F? A civil verdict must be unanimous

A

False

CPLR 4113

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11
Q

List the issues that shall be tried by a jury (unless waived)

A

1) action for a sum of money
2) action of ejectment, for dower; wast; for abatement of and damages for a nuisance; to recover chattel for determination of claim to real property under Art. 15 of reap property actions and proceedings law
3) any action in which a party is entitled by the constitution or by express provisions of law to a trial by jury

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12
Q

Party served with note of issue not demanding a trial by jury of all issues may demand trial by jury within ___ days of service of note of issue

A

15

CPLR 4102

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13
Q

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

A

10

CPLR 4102

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14
Q

A civil jury shall consist of ___ jurors

A

6

CPLR 4104

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15
Q

The maximum number of alternate jurors in a civil case is __

A

2

CPLR 4106

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16
Q

T/F? If five sixths of jurors cannot agree, court shall discharge the jury and direct a new trial before another jury

A

True

CPLR 4113

17
Q
A party served with note of issue not demanding a trial by jury can demand trial by jury by serving and filing demand in office where note of issue was filed within \_\_\_ days of service of note of issue
A. 10
B. 15
C. 20
D. 30
A

B. 15

CPLR 4102

18
Q
The first \_\_ persons who appear as their names are drawn and called and are approved as indifferent between the parties, and not discharges or excuses, must be sworn and constitute the jury to try the issue
A. 3
B. 6
C. 8
D. 12
A

B. 6

CPLR 4105

19
Q

Which of the following 4 choices is correct?
1. A general verdict is one in which the jury finds in favor of one or more parties
2. A special verdict is one in which the jury finds the facts only, leaving the court to determine which party is entitled to judgment
A. 1
B. 2
C. Both are correct
D. Both are incorrect

A

C. Both are correct

CPLR 4111

20
Q

In which of the following actions may a trial by jury be demanded?
1. action for a sum of money only
2. action for ejectment and to recover a chattel
3. action where entitled to jury trial by constitution
A. 1 and 2
B. 1, 2 and 3
C. 2 and 3
D. 1 and 3

A

B 1, 2 and 3

CPLR 4101

21
Q
A civil jury shall be composed of \_\_\_ persons
A. 6
B. 8
C. 12
D. 13
A

A. 6

CPLR 4104

22
Q
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. 1 juror
A

A. 2 jurors

CPLR 4106

23
Q
In a civil case each party shall have 3 peremptory challenges in the selection of \_\_\_\_
A. alternate jurors
B. jurors
C. jurors and alternate jurors
D. each juror
A

B. jurors

CPLR 4109

24
Q

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

A

D. grant the same number of additional peremptory challenges to both sides

CPLR 4109

25
Q

Relating to the viewing of a premises by jury, which of the following is not correct?
A. jury may be kept together
B. the court may be present
C. appropriate public servant(s) may be present
D. parties must be present

A

D. parties must be present

CPLR 4110-c

26
Q
For a civil jury to reach a verdict, how many jurors must agree?
A. all 6 (unanimous)
B. 5 out of 6
C. 3?4 of regular jurors
D. a majority of the jurors
A

B. 5 out of 6 must agree

CPLR 4113