Article 41 Trial by a Jury Flashcards
CPLR 4102
When a right to a jury trial exists, failure of the parties to file a demand for a trial by jury:
(a) means the judge may hear the action without a jury
(b) means neither party wishes to proceed in the action
(c) is cause for dismissal
(d) means the jurors are not ready
(e) requires that the action be suspended until such a demand is filed.
Answer: (a)
CPLR 4102(a) states that if no party shall demand a trial by jury, the right to a jury trial is deemed waived. Thus, choice (a) is correct. All other choices are unsupported by the CPLR.
CPLR 4104
A jury in a civil action is composed of _______ persons.
(a) six
(b) twelve
(c) fifteen
(d) twenty-one.
Answer: (a)
CPLR 4104 states that a jury shall be composed of six persons in all civil actions. All other choices are unsupported by the CPLR.
CPLR 4106
The maximum number of alternate jurors in a civil action is:
(a) one
(b) two
(c) three
(d) four.
Answer: (b)
CPLR 4106 states “one or two” alternate jurors may be drawn upon the request of a party and consent of the court. Thus, choice (b) is correct.
CPLR 4106
Select the correct statement as to alternate jurors:
(a) They are generally discharged when the case is finally submitted to the jury; but may be retained to insure availability if needed.
(b) They always attend the jury’s deliberation on the case but do not vote unless a regular juror becomes unable to continue.
(c) They always are kept on hand while the jury deliberates, so that they are available if needed to replace a regular juror.
(d) Their continued availability after the case is submitted to the jury is not left to the court’s discretion.
Answer: (a)
CPLR 4106 states that after final submission of the case to the jury, the court may retain the alternate jurors.
Choice (b) is incorrect since the alternate jurors do not attend the deliberations.
Choice (c) is likewise incorrect since the alternate jurors are generally discharged upon submission of the case to the jury, subject to courts discretion otherwise.
Choice (d) is unsupported by the CPLR.
CPLR 4107
In civil actions, when a jury is being chosen:
(a) a judge shall be present if requested by a party
(b) a judge is never present
(c) a judge is always present
(d) it is up to the party who first demanded a jury trial whether a judge shall be present.
Answer: (a)
CPLR 4107 states that on application of any party, a judge shall be present at the examination of the jurors. Thus, unless a party so requests, a judge need not be present.
CPLR 4108
An objection to the qualifications of a juror is called a(n):
(a) objection
(b) exception
(c) challenge
(d) rejection.
Answer: (c)
CPLR 4108 provides that an objection to the qualifications of a juror must be made by a challenge. Thus, choice (c) is correct.
CPLR 4109
In a civil action in which no alternate jurors are to be chosen, what is the combined total number of peremptory challenges allowed to the plaintiff or plaintiffs:
(a) two
(b) three
(c) four
(d) five
(e) six
Answer: (b)
CPLR 4109 provides that the plaintiff or plaintiffs have a combined total of three peremptory challenges plus one peremptory challenge for every two alternate jurors. Thus, choice (b) is correct. A peremptory challenge is a challenge as a matter of right (i.e., one for which cause does not have to be given).
CPLR 4109
In a civil action, what is the combined total number of peremptory challenges allowed plaintiffs for every two alternate jurors:
(a) none
(b) one
(c) two
(d) three.
Answer: (b)
CPLR 4109 provides that plaintiffs have a combined total of one peremptory challenge for every two alternate jurors. Thus, choice (b) is correct.
CPLR 4110
In a civil action, the number of challenges for cause that each party has is:
(a) zero
(b) two
(c) three
(d) five
(e) unlimited
Answer: (e)
There is no limit on the number of challenges for cause that each party has. CPLR 4110 enumerates the various grounds upon which a challenge for cause may be based.
CPLR 4110-b
Select the best statement as to requests by a party that the court instruct the jury on the law.
(a) Such requests should be made orally before the court.
(b) Such requests may be made only after both sides have made their closing arguments.
(c) No party may assign as error the giving or the failure to give an instruction unless he makes an objection before the jury retires to consider its verdict.
(d) Only (b) and (c) are correct.
(e) (a), (b) and (c) are all correct.
Answer: (c)
CPLR 4110-b provides that at the close of the evidence or at such earlier time during the trial as the court reasonably directs, any party may file written requests that the court instruct the jury on the law as set forth in the requests. Thus, choices (a) and (b) are incorrect. Additionally, the statute provides that no party may assign as error the giving or the failure to give an instruction unless he objects thereto before the jury retires to consider its verdict. Thus, choice (c) is correct.
CPLR 4110-c
Which of the following must be present during an observation by the jury of an accident scene:
1. the judge
2. the attorneys for the parties
3. the official court reporter.
(a) 1 only
(b) 1 and 3
(c) 1 and 2
(d) 1, 2 and 3.
Answer: (a)
CPLR 4110-c(2) requires only that the judge be present at an observation by the jury of an accident scene. While the attorneys for the parties have a right to attend, they are not required to attend.
CPLR 4110-c
Select the correct answer:
When a jury is taken to view the scene of an accident:
1. the jurors may engage in discussion among themselves regarding the scene
2. the jurors may question the attorneys about the scene
3. the attorneys may present argumentation to the jury at the scene.
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1, 2 and 3
(d) neither 1, 2 or 3.
Answer: (d)
CPLR 4110-c provides that the purpose of taking the jury to the accident scene is solely to permit visual observation by the jury of the scene, and neither the court, the parties, counsel nor the jurors may engage in discussion or argumentation concerning the significance or implications of anything under observation or concerning any issue in the case. Thus, choices (a), (b) and (c) are all incorrect.
CPLR 4111
Select the best answer.
(a) A general verdict is one in which the jury finds in favor of a party.
(b) A special verdict is a statement by the jury of the facts it has found.
(c) Both (a) and (b) are correct.
(d) Neither (a) nor (b) is correct.
Answer: (c)
CPLR 4111(a) provides that a general verdict is one in which the jury finds in favor of a party. Thus, choice (a) is correct. The statute goes on to provide that a special verdict is one in which the jury finds the facts only, leaving the court to determine which party is entitled to judgment thereon. Thus, choice (b) is also correct.
CPLR 4112
Select the correct answer.
Entry of the verdict by the clerk requires that the clerk make entry in his minutes of:
I time and place of trial
II names of jurors and witnesses
III the general verdict and any answers to written interrogatories
IV questions and answers or other written findings constituting the special verdict.
(a) I & II, only.
(b) II & III, only.
(c) III & IV, only.
(d) I, II, III & IV.
Answer: (d)
Choice (d) is correct, CPLR 4112.
CPLR 4113
In a civil action, how many jurors out of six must concur in a verdict:
(a) six
(b) five
(c) four
(d) either five or six, depending on the type of civil action.
Answer: (b)
CPLR 4113(a) provides that a verdict may be rendered by not less than five-sixths (i.e., five out of six) of the jurors constituting a jury. Thus, choice (b) is correct.
