CPLR 11

Question 1

Permission to proceed as poof person may only be granted by court where action is triable. (CPL 1101) T/F?

Answer 1

False May also be granted by court where appeal has or will be taken

Question 2

A party who earns $400.00 or more per week is not eligible for poor person status. (CPLR 1101) T/F?

Answer 2

False. No minimum amount is specified in the law.

Question 3

If application for poor person is denied in Supreme Court, action will be dismissed if fee is not paid within ______ days. (CPLR1101)

Answer 3

120

Question 4

A. Motion is needed for a person to e allowed to proceed as a poor person. (CPLR 1101) T/F?

Answer 4

False. An affidavit (instead of a motion)may be filed in certain cases.

Question 5

Person represented by legal aid society is automatically granted poor person status…. (CPLR 1101) T/F?

Answer 5

False. A certificate must be filed by the legal aid attorney that a determination has been made by the legal aid society that the party is unable to pay the costs and expenses of the action.

Question 6

Eligible inmates may commence an action by paying a reduced filing fee of not less than _____dollars nor more than ____dollars. (CPLR 1101(f))

Answer 6

15 ….50

Question 7

Recovery by a poor person shall be paid to ________(CPLR 1102)

Answer 7

the clerk of court where poor person order was entered(for distribution as per court order).

Question 8

Where______represents a party, such fees and costs are waived without the requirement of a motion for poor person status. 1. Legal services. 2. Legal aid. 3. Non-profit group which represents indigent persons.
A. 1 only. B. 1 & 2 only C. 1, 2 & 3 D. 1 & 3 only

Answer 8

C (CPLR 1101)

Question 9

The affidavit in a motion to proceed as a poor person must contain all of the following, except:
A. The amount of poor person’s income.
B. The source of poor person’s income.
C. Statement that poor person is able to pay costs and fees.
D. Whether any other person is beneficially interested in the recovery sought.

Answer 9

C (CPLR 1101)

Question 10

When a poor person recovers money on a settlement or on a judgment, the money must be paid to _____.
Who shall distribute the money according to a court order.
A. Clerk of court
B. Attorney for plaintiff
C. Attorney for poor person
D. NYS Finance Administrator

Answer 10

A (CPLR 1102)

Question 11

Choose the best answer: A motion to proceed as a poor person may be made:
A. In a trial court.
B. In court where appeal has been or will be taken
C. A or B’
D. Neither A nor B

Answer 11

C (CPLR 1101)

Question 12

If the court determines that _______has insufficient men’s to pay the full filing fee, the court may permit him to pay a reduced filing fee, the minimum of which shall not be less than 15 dollars and the maximum of which shall not be more than 50 dollars.
A. Any plaintiff
B.any petitioner
C. Any inmate
D. Any claimant of any plaintiff

Answer 12

C (CPLR 1101)

Question 13

Which of the following is false?
A. In a poor person order, the court must assign an attorney.
B. In an appeal, a poor person may submit typewritten briefs.
C. If a poor person does not recover by judgment, he is not liable for fees,
D. The court clerk must notify the court stenographer of poor person status.

Answer 13

A. (CPLR 1102a)

Question 14

CPLR 12 The court MAY/MUST appoint a guardian ad liter for an adult incapable of adequately prosecuting or defending his rights. (CPLR 1201)

Answer 14

MUST

Question 15

In addition to serving. Person legally responsible for infant, the infant must also be served if he is more than ________years of age. (CPLR 1202)

Answer 15

14

Question 16

NO default judgment may be entered against an infant or incompetent unless his representative has appeared in action or ________days have passed since appointment of a guardian ad liter. (CPLR 1203)

Answer 16

20

Question 17

Infant, incompetent or conservative SHALL/Shall not be liable for costs unless court orders otherwise. (CPLR 1205)

Answer 17

SHALL NOT

Question 18

If the value of the property does not exceed _________, the court may order the property distributed to person with whom infant, incompetent or conservative resides for infant’s use and benefit. (CPLR 1206)

Answer 18

$10,000

Question 19

If an infant IS/IS NOT represented by an attorney, an attorney for an adverse party may prepare settlement papers and the attorney shall state the fact. (CPLR 1208)

Answer 19

IS NOT

Question 20

If the infant is _____ or more, the court MUST examine him as to his voluntary nomination of a suitable guardian. (CPLR 1210)

Answer 20

14

Question 21

Which of the following is not correct? The court may on its own motion, or on motion of one of the following parties appoint a guardian ad liter for an infant: A. Infant party if he is more than 10 years of age. B. A relative or friend of the infant. C. Any party to action if motion is not made by infant or person in choices B or D. D. Guardian, committee of property, or conservation.

Answer 21

A (CPLR 1202)

Question 22

Default judgment cannot be entered against an infant or incompetent unless his representative has appeared in the action or 20 days have elapsed since the appointment of ________for infant or incompetent.
A. A guardian
B. A conservator
C. a committee
D. A guardian ad liter

Answer 22

D. (CPLR 1203)

Question 23

If the infant or incompetent is not represented by attorney, settlement papers:
A. May be prepared by the clerk.
B. Must be prepared by the clerk.
C. May be prepared by the court attorney
D. May be prepared by attorney for adverse party.

Answer 23

D (CPLR 1208(f))?

Question 24

A controversy involving an infant:
A. Must be submitted to arbitration.
B. May never be submitted to arbitration
C. Must be submitted to arbitration if infant is 14 or over.
D. May be submitted to arbitration upon court order on application of infant’s representative.

Answer 24

D (CPLR 1209)

Question 25

Which of the following is false? Notice of petition for allowance for infant’s support shall be given to:
A. Guardian of property, if petitioner is represented by other than guardian.
B. Father(ifliving); if not, mother (iifliving); if not, person residing with infant.
C. Infant
D. Infant if of the age of 14 or over.

Answer 25

C (CPLR 1211(b))

Question 26

Upon appointment of a guardian of person of an infant, guardian shall file a certified copy of the order with: A. Clerk of civil court in the county of appointment.
B. County clerk in the county of appointment.
C. Clerk of surrogate’s court in the county of appointment.
D. None of the above

Answer 26

C (CPLR 1210 (c))