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Court Clerk Exam > CPLR 42 and 43 > Flashcards

CPLR 42 and 43 Flashcards

1
Q

What is one of the powers granted to a referee to inquire and report under CPLR 4201?
A) Modify court orders
B) Issue subpoenas
C) Render final judgments D) Enforce judgments

A

B

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2
Q

Under CPLR 4201, a referee to inquire and report has the authority to:
A) Change venue
B) Administer oaths
C) Approve settlements
D) Dismiss cases

A

B

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3
Q

Which of the following is a role of a referee to inquire and report according to CPLR 4201?
A) Award damages
B) Direct parties to engage in and permit disclosure
C) Hold contempt proceedings D) Issue final decisions

A

B

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4
Q

CPLR 4211 states that the court will decide any issue not required to be tried by a jury unless:
A) The parties agree otherwise
B) It is a minor issue
C) It is referred to a referee to determine pursuant to CPLR 4317 D) It involves constitutional questions

A

C

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5
Q

According to CPLR 4211, which of the following issues would typically be decided by the court?
A) Issues that are complex in nature
B) Issues not required to be tried by a jury and not referred to a referee
C) Issues that require expert testimony D) Issues that pertain to state law

A

B

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6
Q

T/F A referee to inquire and report can legally enforce court decisions.

A

False
Explanation: A referee to inquire and report does not have the power to enforce court decisions; their powers are limited to issuing subpoenas, administering oaths, and directing disclosure.

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7
Q

T/F Referees to inquire and report have the power to administer oaths under CPLR 4201.

A

True

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8
Q

T/F The court must decide all issues that are not required to be tried by a jury, without exceptions.

A

False

Explanation: The court does not decide issues that are referred to a referee to determine pursuant to CPLR 4317, as mentioned in CPLR 4211.

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9
Q

T/F CPLR 4201 allows a referee to inquire and report to issue final rulings on matters.

A

False
Explanation: A referee to inquire and report does not issue final rulings; they only have the power to issue subpoenas, administer oaths, and direct disclosure.

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10
Q

T/F Under CPLR 4211, the court always decides issues that are referred to a referee under CPLR 4317.

A

False
Explanation: When issues are referred to a referee to determine pursuant to CPLR 4317, the referee, not the court, decides those issues.

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11
Q

CPLR 4213 states that before a case is finally submitted, the court must: A) Allow the jury to deliberate
B) Afford the parties an opportunity to submit requests for findings of fact
C) Provide a preliminary verdict D) Dismiss any unrelated claims

A

B

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12
Q

The decision of the court under CPLR 4213 can be issued in which of the following formats?
A) Only in writing
B) Only orally
C) Either orally or in writing
D) Through a court-appointed referee

A

c

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13
Q

When awarding damages for personal injury, the court must specify:
A) Only the total amount of damages
B) Both special and general damages and the amount assigned to each element C) The percentage of fault of each party
D) Only punitive damages

A

B

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14
Q

According to CPLR 4213, the court*s decision generally should be rendered within:
A) 30 days after submission
B) 45 days after submission
C) 60 days after submission
D) 90 days after submission

A

c

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15
Q

If the parties agree, what aspect of the court’s decision timeline can be altered under CPLR 4213?
A) The need for a decision
B) The format of the decision
C) The 60-day period to render a decision D) The requirement to specify damages

A

C

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16
Q

T/F Under CPLR 4213, decisions relating to personal injury must specify both compensatory and punitive damages.

A

False
Explanation: Decisions must specify special and general damages and the amount assigned to each, not compensatory and punitive damages.

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17
Q

T/F The decision of the court under CPLR 4213 is always rendered in writing.

A

False
Explanation: The decision may be oral or in writing.

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18
Q

T/F CPLR 4213 requires the court to render its decision within 60 days unless extended by mutual agreement of the parties.

A

True

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19
Q

T/F CPLR 4213 mandates that the court provide a detailed explanation of the evidence considered in making its decision.

A

False
Explanation: CPLR 4213 does not require a detailed explanation of the evidence, but it does require that the parties have the opportunity to submit requests for findings of fact.

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20
Q

T/F The court must specify the amount assigned to each element of damages for personal injury under CPLR 4213.

A

True

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21
Q

Under CPLR 4301, which of the following is a power a referee DOES possess? A. Relieving himself of his duties B. Appointing a successor C. Adjudging any person in contempt D. Determining an issue in a case

A

D

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22
Q

Which of the following actions is a referee explicitly prohibited from performing under CPLR 4301? A. Issuing discovery orders B. Appointing a successor C. Overseeing testimony from witnesses D. Making rulings on motions

A

B

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23
Q

According to CPLR 4301, a Judicial Hearing Officer (JHO): A. Can appoint a successor B. Has fewer powers than a referee C. Is deemed a referee for the purposes of this article D. Can relieve himself from his duties if deemed necessary

A

C

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24
Q

Which of the following is NOT a restriction placed on a referee under CPLR 4301? A. Relieving himself of his duties B. Adjudging any person except a witness in front of him guilty of contempt C. Appointing a successor D. Determining the outcome of a jury trial

A

D

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25
Q

T/F A referee has the power to appoint a successor if they are unable to continue with the case.

A

False. A referee cannot appoint a successor according to CPLR 4301.

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26
Q

T/F A referee under CPLR 4301 can adjudge any person guilty of contempt,
regardless of their role in the proceedings.

A

False. A referee can only adjudge a person guilty of contempt if that person is a witness in front of them.

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27
Q

T/F A Judicial Hearing Officer (JHO) is considered a referee under the provisions of CPLR 4301.

A

True. A JHO is deemed a referee for the purposes of CPLR 4301.

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28
Q

T/F A referee can relieve himself of his duties under CPLR 4301.

A

False. A referee cannot relieve himself of his duties, as explicitly stated in CPLR 4301.

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29
Q

Under CPLR 4311, an order of reference can direct a referee to: A. Appoint a successor to handle the case
B. Determine the entire action or specific issues
C. Relieve themselves of their duties
D. Issue a final judgment on behalf of the court

A

B

30
Q

According to CPLR 4311, what may an order of reference specify or limit? A. The scope of the jury’s authority
B. The duration of the trial
C. The referee’s powers and the time for filing the report
D. The ability of the referee to receive testimony from witnesses

A

C

31
Q

Under CPLR 4311, an order of reference can:
A. Allow a referee to issue final judgments without court oversight
B. Direct the referee to only report evidence, not determine issues
C. Permit the referee to determine issues of contempt
D. Require the referee to adjudge criminal liability

A

B

32
Q

Under CPLR 4311, the order of reference may:
A. Extend the trial beyond its original timeline
B. Fix a specific time and place for the hearing
C. Give the referee the power to appoint new counsel
D. Allow the referee to decide the outcome of a jury trial

A

B

33
Q

T/F An order of reference under CPLR 4311 may direct the referee to determine the entire action or only specific issues.

A

True. The order of reference can direct the referee to determine the entire action or focus on specific issues.

34
Q

T/F Under CPLR 4311, the referee’s powers and the time for filing the report are always fixed by statute.

A

False. The order of reference may specify or limit the referee’s powers and set a time for filing the report, but this is not always fixed by statute.

35
Q

T/F The order of reference can allow a referee to receive and report evidence only, without determining any issues.

A

True. The order of reference may direct the referee to simply receive and report evidence without determining any issues.

36
Q

T/F Under CPLR 4311, the court cannot specify the time and place for the hearing in the order of reference.

A

False. The court can specify the time and place for the hearing in the order of reference.

37
Q

According to CPLR 4312, how many referees may a court designate?
A. 1 or 2 referees
B. 2 or 3 referees
C. 1 or 3 referees
D. As many referees as necessary

A

C

38
Q

38-Under CPLR 4312, if a Judicial Hearing Officer (JHO) is designated as a referee, how many referees shall there be? A. 2 referees B. 1 referee C. 3 referees D. No referees are allowed

A

B

39
Q

When parties designate a referee under CPLR 4312, what is true about the number of referees?
A. They may designate only 1 referee
B. They may designate any number of referees
C. They may designate up to 3 referees
D. They may not designate any referees without court approval

A

B

40
Q

Under CPLR 4312, which of the following CANNOT serve as a referee? A. A court clerk or clerk B. A law secretary C. An attorney from another state D. A partner of a law firm

A

A

41
Q

In uncontested matrimonial actions, which type of individual may be appointed as a referee by an administrative judge without a fee? A. A non- attorney B. A court clerk who is an attorney C. A non-judicial employee with no legal qualifications D. Any court employee

A

B

42
Q

T/F Under CPLR 4312, a referee must be an attorney unless the parties consent otherwise.

A

True. The rule states that a referee must be an attorney unless the parties agree otherwise.

43
Q

T/F A person to whom all parties object may still be designated as a referee in matrimonial actions or if a JHO is designated.

A

True. In matrimonial actions, or when a JHO is designated, a person can still serve as a referee even if all parties object.

44
Q

T/F A court clerk may serve as a referee if the parties nominate them under CPLR 4312.

A

False. A court clerk cannot serve as a referee, as stated in CPLR 4312.

45
Q

T/F A judge can serve as a referee in the same court where they are sitting if
the parties consent in writing and the judge does not receive compensation.

A

True. Under CPLR 4312, a judge can serve as a referee in the same court with written consent from the parties and without compensation.

46
Q

T/F In matrimonial actions, the court may designate a referee nominated by a party under CPLR 4312.

A

False. In matrimonial actions, the court cannot designate a referee nominated by a party.

47
Q

Under CPLR 4313, who is responsible for sending a copy of the order of reference to the referee?
A. The judge
B. The court clerk
C. The attorney for the plaintiff D. The court stenographer

A

B

48
Q

According to CPLR 4313, within how many days must the referee schedule the first hearing after receiving the order of reference?
A. 10 days
B. 15 days
C. 20 days
D. 30 days

A

C

49
Q

Under CPLR 4314, who can designate a successor referee? A. The referee themselves
B. The plaintiff’s attorney
C. The court on its own motion or on the motion of any party D. Only the original referee

A

C

50
Q

According to CPLR 4316, a majority of referees may decide any question or: A. Issue a final judgment
B. Adjourn the trial to a future date
C. Dismiss the case
D. Alter the venue

A

B

51
Q

Under CPLR 4316, which of the following is a power that any one referee can exercise?
A. Overrule a court order
B. Administer an oath
C. Dismiss a motion
D. Alter a jury’s decision

A

B

52
Q

T/F Under CPLR 4313, the referee must schedule the first hearing date within 15 days of the order of reference.

A

False. The referee must schedule the first hearing date within 20 days of the order of reference.

53
Q

T/F The court may designate a successor referee on its own motion or on the motion of any party under CPLR 4314.

A

True. The court can designate a successor referee either on its own motion or at the request of any party.

54
Q

T/F Under CPLR 4316, all referees must agree in order to adjourn the trial to a future date.

A

False. A majority of referees may decide to adjourn the trial for a future date.

55
Q

T/F According to CPLR 4316, any one of the referees may administer an oath.

A

True. Any one of the referees is empowered to administer an oath

56
Q

Under CPLR 4317, an order of reference to determine may be used with the consent of the parties in which of the following situations?
A. Without any conditions or exceptions
B. When there is a motion pending before the court
C. Upon consent of the parties, and the clerk shall forthwith enter an order D. Only in cases of infant defendants

A

C

57
Q

In which of the following cases does leave of the court become required for an order of reference to determine under CPLR 4317?
A. In cases involving property disputes where the plaintiff consents
B. In matrimonial actions, dissolution of a corporation, or appointment of a receiver for property
C. In cases of civil disputes between two corporations D. In foreclosure cases only

A

B

58
Q

Under CPLR 4317, without the consent of the parties, an order of reference to determine may be used:
A. Only when the defendant consents
B. When a trial requires an examination of an account or foreclosure of a mechanics lien
C. If both parties explicitly object
D. Only when the judge approves it with the jury’s consent

A

B

59
Q

Under CPLR 4317, which of the following actions does NOT require the consent of the parties for an order of reference to determine?
A. Dissolution of a corporation
B. Appointment of a receiver for a property
C. Determination of an issue of damages separately triable and not requiring a trial by jury
D. Matrimonial actions

A

C

60
Q

T/F Under CPLR 4317, an order of reference to determine can be made upon the motion of any party or on the court’s initiative in cases that require an examination of an account or foreclosure of a mechanic’s lien.

A

True. An order of reference to determine may be made without the consent of the parties in such cases, upon motion or court initiative.

61
Q

T/F Leave of the court is required for an order of reference to determine in all cases where the parties do not consent.

A

False. Leave of the court is not always required. It is only required in certain cases, such as matrimonial actions or the dissolution of a corporation.

62
Q

T/F When all parties consent to an order of reference to determine, the clerk must forthwith enter an order.

A

True. Upon the consent of the parties, the clerk shall promptly enter the order of reference to determine.

63
Q

T/F An order of reference to determine can be made without consent when the issue involves damages that are separately triable and do not require a jury trial.

A

True. An order of reference to determine can be made without the consent of the parties in such cases.

64
Q

Under CPLR 4318, a referee shall conduct the trial:
A. In the same manner as a court with a jury
B. In any manner they deem appropriate
C. In the same manner as a court without a jury unless specified otherwise in
the order of reference
D. As an arbitrator with full authority to issue binding decisions

A

C

65
Q

According to CPLR 4319, a referee must file their decision within: A. 10 days after the trial concludes
B. 20 days after the matter is submitted
C. 30 days after the cause or matter is finally submitted
D. 60 days after the trial is completed

A

30

66
Q

What may happen if a referee fails to file their decision within 30 days as required by CPLR 4319?
A. The decision will automatically be enforced
B. The court may grant a new trial, and the referee will not be entitled to any fees
C. The referee will receive a reduced fee
D. The decision will be void, and the parties must settle the case out of court

A

B

67
Q

Under CPLR 4320, a referee to report must file their report within: A. 10 days of the trial’s completion
B. 20 days after the submission of final evidence
C. 30 days after the matter is finally submitted
D. 60 days after the last court hearing

A

C

68
Q

Under CPLR 4321, how are the fees for a referee determined if the referee is not a Judicial Hearing Officer (JHO)?
A. The court automatically sets a standard fee
B. The referee determines their own fee
C. The court determines the method of computing the referees fees in the stipulation or order of reference
D. The parties involved must agree to the referees fees

A

c

69
Q

T/F Under CPLR 4318, a referee shall conduct the trial in the same manner as a court without a jury, unless otherwise specified in the order of reference.

A

True. A referee follows the same procedure as a court without a jury unless specified otherwise in the order of reference.

70
Q

T/F According to CPLR 4319, if a referee fails to file their decision within 30 days after the cause is finally submitted, the court may grant a new trial and the referee will not be entitled to any fees.

A

True. The court has the power to grant a new trial, and the referee forfeits their fees if the decision is not filed within 30 days.

71
Q

T/F Under CPLR 4320, a referee to report conducts the trial in a manner different from a court trying an issue without a jury.

A

False. The referee to report must conduct the trial in the same manner as a court trying an issue without a jury.

72
Q

T/F A Judicial Hearing Officer (JHO) is always responsible for determining their own fees under CPLR 4321.

A

False. The method of computing the referee’s fees is determined in the stipulation or order of reference unless the referee is a JHO.

Court Clerk Exam (49 decks)

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