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Court Clerk Exam > CPLR 40 > Flashcards

CPLR 40 Flashcards

1
Q

What is one of the functions that a court-appointed referee may perform under CPLR 4001?
A. Serve as a witness in the trial
B. Act as a mediator between parties
C. Determine an issue within the case
D. Enforce the judgement’`

A

C

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2
Q

CPLR 4001 allows for the appointment of a referee to: A. Replace the presiding judge
B. Perform an act previously authorized by law
C. Initiate new legal proceedings
D. Grant appeals on decisions

A

B

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3
Q

Under what condition can a referee be appointed according to CPLR 4001?
A. When the parties consent to arbitration
B. When there is no judge available
C. In any case where this power was previously exercised or is authorized by law D. Only in civil cases involving monetary disputes

A

C

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4
Q

T/F 4001 A referee may be appointed to enforce the decisions made by the court.

A

False. Explanation: A referee may be appointed to determine an issue, perform an act, or inquire and report, but not specifically to enforce court decisions.

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5
Q

T/F 4001 The appointment of a referee is restricted to cases where this authority was previously utilized or is explicitly authorized by law.

A

TRUE

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6
Q

What authority does CPLR 4011 grant to the court? A. To select the jury members
B. To determine the sequence in which issues are tried
C. To dismiss the case without trial D. To cross-examine witnesses

A

B

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7
Q

T/F 4011 The power to decide the sequence of issues to be tried is vested in the jury.

A

False. Explanation: CPLR 4011 specifies that it is the court, not the jury, that may determine the sequence in which issues shall be tried.

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8
Q

What must marked pleadings indicate according to CPLR 4012?
A. The total number of pleadings submitted
B. The legal outcomes expected by each party
C. Which statements are admitted and which are controverted by the responsive pleading
D. The dates when each pleading was filed

A

C

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9
Q

Who is responsible for furnishing marked pleadings to the judge according to CPLR 4012?
A. The court clerk
B. The party who filed the note of issue
C. The defending party
D. Any witness present during the filing

A

B

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10
Q

T/F Marked pleadings are to be submitted by the party against whom the note of issue was filed.

A

False. Explanation: Marked pleadings must be furnished to the judge by the party who filed the note of issue, not by the opposing party.

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11
Q

What does CPLR 4014 state about the continuation of a trial?
A. It must be suspended during a court term change and resumed later.
B. It may be paused if key witnesses are unavailable.
C. It continues until completed, even if it extends into another term of court.
D. It must conclude within the original term of court unless an extension is granted by a judge.

A

C

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12
Q

According to CPLR 4014, how is a trial affected by the end of a court term?
A. It is automatically postponed to the next term.
B. It continues uninterrupted into the next term if necessary.
C. It must conclude at the end of the current term without exceptions. D. The presiding judge can order a recess until the next term begins.

A

B

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13
Q

T/F 4014 A trial must conclude before the end of the court’s current term.

A

False - Explanation: According to CPLR 4014, a trial continues until it is completed, regardless of whether it extends into another term of court.

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14
Q

CPLR 4015 specifies that a motion for a trial by referee or an advisory jury must be made within how many days after the note of issue is filed?
A. 10 days B. 20 days C. 30 days D. 40 days

A

B 20

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15
Q

Under CPLR 4016, who is allowed to make an opening statement at a trial?
A. The judge only
B. The plaintiff only
C. Each attorney for each plaintiff and each attorney for each defendant
D. The jury foreperson

A

C

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16
Q

According to CPLR 4016, when are closing statements made in a trial?
A. After the opening statements
B. Before the presentation of evidence C. At the close of all evidence
D. During jury deliberations

A

C

17
Q

What is the order for making closing statements according to CPLR 4016? A. In the same order as opening statements
B. In inverse order to opening statements
C. Alphabetical order of parties
D. At the discretion of the judge

A

b

18
Q

T/F 4015 A motion for trial by a referee must be made within 30 days after the note of issue is filed.

A

False - Explanation: CPLR 4015 requires that such a motion be made within 20 days after the note of issue is filed.

19
Q

T/F 4016 Each attorney representing a party in a trial is allowed to make both an opening and a closing statement.

A

true

20
Q

T/F 4016 Closing statements must be made in the same order as the opening statements.

A

False - Explanation: According to CPLR 4016, closing statements are to be made in inverse order to the opening statements.

21
Q

T/F 4015 The deadline for filing a motion for trial by a referee is flexible and can be extended by the court.

A

False - Explanation: The deadline set by CPLR 4015 for filing such a motion is 20 days after the note of issue is filed, with no mention of flexibility for extension.

22
Q

What is an attorney permitted to mention during closing statements in a trial for personal injuries or wrongful death according to CPLR 4016?
A. The names of all witnesses
B. A specific dollar amount they believe to be appropriate compensation
C. The personal information of the jury members D. The past criminal record of the defendant

A

B

23
Q

Under CPLR 4016, how must the court instruct the jury regarding an attorney’s reference to a dollar amount during closing statements?
A. It should be considered as definitive evidence
B. It is allowed as part of the attorney’s argument
C. It should not influence the jury’s decision
D. It should be disregarded unless corroborated by evidence

A

B

24
Q

According to CPLR 4016, who decides the amount of damages in a personal injury or wrongful death case?

A

the jury

25
Q

CPLR 4016 states the order of closing statements should be:

A

In reverse order of the opening statements

26
Q

T/F 4016 During a personal injury trial, an attorney may cite specific compensation amounts as evidence.

A

False - Explanation: Under CPLR 4016, while attorneys may reference specific dollar amounts during closing arguments, such references are not considered evidence but merely part of their argument.

27
Q

T/F 4016 The final decision on the amount of damages in a personal injury or wrongful death case is made by the attorneys.

A

False - Explanation: CPLR 4016 clearly states that the determination of damages is solely for the jury to decide.

28
Q

T/F 4016 The order of closing statements must always follow the order of opening statements.

A

False - Explanation: The order of closing statements should be the inverse of the opening statements, as stipulated by CPLR 4016.

29
Q

What does CPLR 4017 indicate about formal exceptions to court rulings?
A. They are necessary for all appeals.
B. They are unnecessary.
C. They must be filed within 30 days of the ruling. D. They require a unanimous jury decision.

A

B

30
Q

T/F 4016 The court must instruct the jury that the attorney’s reference to a dollar amount during closing statements is permitted as part of their argument.’

A

True

31
Q

CPLR 4018 specifies that when increased damages are granted by statute, the decision must:
A. Include punitive damages as a separate category.
B. Specify the sum awarded as single damages.
C. Be approved by both parties before being finalized.
D. Include a detailed explanation of the reasons for the increase.

A

B

32
Q

According to CPLR 4018, what must be entered for the increased amount when increased damages are specified?
A. A preliminary injunction B. A formal exception
C. Judgment
D. A retrial motion

A

C

33
Q

Under CPLR 4018, if a statute grants increased damages, the court’s decision must:
A. Be verbally communicated in open court.
B. Specify single damages only.
C. List each damage type separately.
D. Specify the sum awarded as single damages and enter judgment for the increased amount.

A

D

34
Q

T/F 4017 Formal exceptions to court rulings are required to challenge a court’s decision.

A

False - Explanation: CPLR 4017 states that formal exceptions to rulings of the court are unnecessary.

35
Q

T/F 4018 A decision granting increased damages must include a separate section for compensatory damages.

A

False - Explanation: CPLR 4018 requires that the decision, report, or verdict specify the sum awarded as single damages, and judgment shall be entered for the increased amount, not separately.

35
Q

CPLR 4019 requires a stenographic record for which type of interviews?
A. All interviews conducted within a courtroom setting
B. Interviews of infants conducted in-camera in specific family-related proceedings
C. Any interview conducted by a court-appointed psychologist
D. Initial interviews conducted during the filing of any legal action

A

B

36
Q

What happens to the stenographic record of an in-camera interview of an infant if an appeal is filed, according to CPLR 4019?
A. It is destroyed to protect the privacy of the infant. B. It remains with the original trial court for reference. C. It is forwarded under seal to the appellate division. D. It is publicly released for transparency.

A

C

37
Q

CPLR 4019(b) states that the stenographic record must be made a part of what, if an appeal is taken?
A. The public court record
B. The child’s permanent legal file
C. The record forwarded under seal to the appellate division D. The media coverage of the case

A

C

38
Q

T/F 4019 The stenographic record of an in-camera interview of an infant can be accessed by the public if the case goes to trial.

A

False - Explanation: CPLR 4019 specifies that if an appeal is filed, the stenographic record of the interview must be part of the record forwarded under seal to the appellate division, indicating it is not publicly accessible.

Court Clerk Exam (47 decks)

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