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CPLR > CPLR Article 1 > Flashcards

CPLR Article 1 Flashcards

1
Q

All civil proceedings shall be prosecuted in the form of a(n) ______.

A

An action. (CPLR 103)

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2
Q

T/F

Generally, if a proceeding is brought in an improper form, the court shall dismiss the proceeding.

A

False. (CPLR 103)

If the court has obtained jurisdiction, it shall make whatever order is required for its proper prosecution.

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3
Q

T/F

Generally, the CPLR applies in all civil and criminal proceedings.

A

False. (CPLR 101)
CPLR applies to civil proceedings. Sections of the CPLR apply in other courts only when the procedures of that court specifically state that the CPLR applies.

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4
Q

T/F

The CPLR shall be strictly construed

A

False. (CPLR 104)
The CPLR shall be liberally construed to secure the just, speedy and inexpensive determination of every judicial proceeding.

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5
Q

The parties in an action are _____ and _____.

A

Plaintiff and defendant. (CPLR 105b)

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6
Q

The parties in a special proceeding are termed _____ and _____.

A

Petitioner and respondent (CPLR 105b)

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7
Q

The word _____ includes a party prosecuting or defending an action in person.

A

Attorney (CPLR 105c)

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8
Q

As used in the CPLR, the word “clerk” in Supreme and County court shall mean the clerk of the ______.

A

County (CPLR 105e)

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9
Q

Which refers to an action: summons and complaint? or a petition and notice of petition?

A

Summons and complaints. (CPLR 105b)

Summons and complaint refers to an action. In a special proceeding the parties are termed petitioner and respondent.

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10
Q

In a consumer credit transaction, credit is extended to individuals for personal, _____, or household purposes.

A

Family. (CPLR 105f)

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11
Q

A domestic corporation is a corporation created under NYS laws or located in NYS and created under the laws of _____.

A

The United States (CPLR 105h)

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12
Q

A garnishee is a person who owes a debt to a judgment ______.

A

Debtor (CPLR 105 L)

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13
Q

An INFANT is a person who has not attained the age of ______.

A

18 (CPLR 105j)

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14
Q

A judgment can be final or _____.

A

Interlocutory—– which means temporary (CPLR 105k)

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15
Q

A judgment “_______” is a person in whose favor a money judgment is entered or a person who is entitled to enforce it.

A

Creditor (CPLR 105 L)

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16
Q

A judgment “_______” is a person against whom a money judgment is entered.

A

Debtor (CPLR 105 m)

17
Q

T/F

“Domestic corporation” means a corporation created under laws of a state other than NYS.

A

False. (CPLR 105h)

18
Q

The ______ shall have the power to adopt, amend, and rescind an appendix of forms.

A

State administrator (CPLR 107)

19
Q

SHERIFF, as used in CPLR, shall also mean “_____” as defined in the New York City Civil Court Act.

A

Marshal (CPLR 105 s-1)

20
Q 
In a special proceeding the parties are termed: 
A. Plaintiff and respondent 
B. Petitioner and defendant 
C. Plaintiff and defendant 
D. Petitioner and respondent
A

D. Petitioner and respondent (CPLR 105)

21
Q 
In an action the parties are termed: 
A. Plaintiff and respondent 
B. Petitioner and respondent 
C. Plaintiff and defendant 
D. Claimant and defendant
A

C. Plaintiff and defendant (CPLR 105)

22
Q 
Which of the following is not correct? In a consumer credit transaction, credit is extended to individuals for which purposes? 
A. Personal purpose 
B. Family purposes 
C. Household purposes 
D. Business purposes
A

D. Business purposes (CPLR 105f)

23
Q 
Choose the best answer: a judgment can be: 
A. Temporary or interlocutory 
B. Final only 
C. Interlocutory only 
D. Final or interlocutory
A

D. Final or interlocutory (CPLR 105k)

24
Q 
A domestic corporation may be a corporation 
     1. Created under NYS laws 
     2. Created under Maryland laws 
     3. Located in NYS and created under United States laws 
A. 1 only is correct 
B. 1, 2 and 3 are all correct 
C. Only 1 and 3 are correct 
D. 1 and 2 only are correct
A

C. 1 and 3 are correct (CPLR 105h)

25
Q 
An infant may be of the age of 
A. 18 
B. 20 
C. 21 
D. 17
A

D. 17 (CPLR 105j)

26
Q 
An infant is a person who has not attained the age of \_\_\_\_\_. 
A. 14 
B. 17 
C. 18 
D. 21
A

C. 18 (CPLR 105j)

27
Q 
A \_\_\_\_\_\_ is a person against who a money judgment has been entered. 
A. Judgment creditor 
B. Judgment debtor 
C. Petitioner 
D. None of the above
A

B. A judgment debtor (CPLR 105m)

28
Q 
Real property generally means land and \_\_\_\_\_\_
A. Personal attire
B. Chattels
C. Cars
D. Buildings
A

D. Buildings (CPLR 105s)

29
Q

The ______ shall have the power to adopt, amend and rescind an appendix of forms.
A. Chief Clerk
B. Chief Judge
C. State Administrator
D. Administrator of the Appellate Division

A

C. State administrator (CPLR 107)

30
Q 
John Smith has a money judgment against Robert Jones. John Smith works for ABC Stores and Robert Jones works for XYZ Inc. which of the following four choices is not correct?
A. Robert Jones is the judgment debtor
B. John Smith is the judgment creditor
C. A proper garnishee is not XYZ Stores
D. A Proper garnishee is not ABC Stores
A

C. A proper garnishee is not XYZ Stores

31
Q 
A garnishee is a person who:
1. Owes a debt to a judgment debtor
2. Is other than the judgment debtor and h property in which a
judgment debtor has interest
3. Is entitled to the judgment proceeds
A. 1, 2, 3 and 4
B. 1 and 3 only
C. 2 a d 3 only
D. 1 and 2 only
A

D. 1 and 2 only (CPLR 105j)

32
Q

The place where an action is triable means
1. The place where the action is pending
2. If no action has been commenced, any proper place of trial or
commencement of an action
3. After entry of judgment, the place where the judgment was entered
A. 1 and 2 only
B. 1, 2 and 3
C. 2 and 3 only
D. 1 and 3 only

A

B. 1, 2 and 3 (CPLR 105)

33
Q

Which of the following statements are true?
1. Rules may be amended, rescinded, or additional rules
adopted by act of the legislature
2. Civil and criminal trials may be merged
3. Real property generally means land and buildings
4. The word law as used in the CPLR means any statute or any
civil practice rule.
A. All 4 statements are true
B. 1, 2 and 3 only
C. 1, 3 and 4 only
D. 2, 3 and 4 only

A

C. 1, 3 and 4 only (CPLR 102, 105, 106)

34
Q

If a court has obtained jurisdiction over parties, a civil proceeding shall not be dismissed solely because it is not brought in the proper form. The court shall:
A. Adjourn the proceeding for re-service of the complaint
B. Dismiss the proceeding only if the calendar is congested
C. Relinquish it’s jurisdiction over the parties
D. Make whatever order is required for its proper execution

A

D. Make whatever order is required for its proper execution

CPLR 103

35
Q 
Which of the following have no power to levy upon or sell real property, and have no power of arrest?
1. NYC marshal
2. Sheriff
A. Both 1 and 2
B. Neither 1 nor 2
C. 1 only
D. 2 only
A

C. 1 only (CPLR 105 s-1)

CPLR (29 decks)

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