Article 41 Flashcards
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
6
CPLR 4105
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.
True
CPLR 4106
T/F? A judge shall not be present at the examination of jurors
False
CPLR 4107
T/F? A challenge to a juror or the entire panel of jurors shall be tried and determined by the court
True
CPLR 4108
Persons shall be disqualified as jurors if related within the _______ degree by consanguinity or affinity to a party
sixth
CPLR 4110
Each party in a civil case has ___ peremptory challenge(s) for regular jurors and __ peremptory challenge(s) for every two alternate jurors
3…1
CPLR 4109
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
True
CPLR 4109
T/F? The defendant must be present at the viewing of a premises
False
CPLR 4110
A ________ verdict is one in which the jury finds in favor of one or more parties
general
CPLR 4111
T/F? A civil verdict must be unanimous
False
CPLR 4113
List the issues that shall be tried by a jury (unless waived)
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
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
15
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
10
CPLR 4102
A civil jury shall consist of ___ jurors
6
CPLR 4104
The maximum number of alternate jurors in a civil case is __
2
CPLR 4106