CPLR Article 12

Question 1

A controversy involving an infant, incompetent or conservatee shall not be submitted to arbitration except _________.

Answer 1

Pursuant to a court order made upon application of the representative of such infant, incompetent or conservatee (CPLR 1209)

Question 2

T/F When the court appoints a guardian for an infant, the court must require that an undertaking be deposited

Answer 2

False (CPLR 1210 “may”)

Question 3

When the court appoints a guardian for an infant, their court may order that money of infant be deposited in __________.

Answer 3

Governmental bonds or insured accounts. (CPLR 1210)

Question 4

When the court appoints a guardian for an infant, the guardian shall file a certified copy of the order of appointment with the _________ court in the county of appointment

Answer 4

Surrogate’s (CPLR 1210)

Question 5

If the value of the property does not exceed _______, the court may order the property distributed to person with whom infant, incompetent or conservatee resides for infants use and benefit

Answer 5

$10,000 (CPLR 1206)

Question 6

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.

Answer 6

Is not (CPLR 1208)

Question 7

The court may/must appoint a guardian ad litem for an adult incapable of adequately prosecuting or defending his rights

Answer 7

Must (CPLR 1201)

Question 8

In addition to serving person legally responsible for infant, the infant must also be served if he is more than ___ years of age.

Answer 8

14 (CPLR 1202)

Question 9

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 litem

Answer 9

20 (CPLR 1203)

Question 10

Infant, incompetent or conservatee shall/shall not be liable for costs unless court orders otherwise.

Answer 10

Shall not (CPLR 1205)

Question 11

Which of the following choices is not correct? Unless the court appoints a guardian ad litem, an infant shall appear by the following (in order)
A. Guardian of his person
B. Parent having legal custody
C. Any person or agency having legal custody
D. Adult spouse residing with infant (if infant is married)

Answer 11

A. Guardian of his person

(CPLR 1201) Should be guardian of his property

Question 12

Which of the following statements is not correct?
A. No default judgment may be entered against an infant or incompetent u
unless his representative has appeared in the action or 20 days have
passed since the appointment of a guardian ad litem
B. No default judgment may be entered against an adult incapable of
protecting his rights for whom a guardian ad litem has been appointed
unless 20 days have passed since the appointment of a guardian ad litem
C. Court may allow guardian reasonable compensation upon an affidavit of
the guardian or his attorney showing their services rendered
D. An infant, incompetent or conservatee shall be liable for costs unless the
court orders otherwise

Answer 12

D. An infant, incompetent or conservatee shall be liable for costs unless the
court orders otherwise
(CPLR 1203-1205)

Question 13

Which of the following statements is not correct? Proceeds of claim of infant, incompetent or conservatee (after deducting expenses allowed by the court) are distributed to guardian of his property, committee, or conservator. However:
A. If infant is married and resides with an adult spouse, the court may order
that the property be distributed to such spouse for infants use (no limit on
amount)
B. If the value of the property does not exceed $20,000, the court may order
the property distributed to person with whom infant, incompetent or
conservatee resides for infants use and benefit
C. Court may order money deposited in an insured bank account or other
insured or guaranteed money market, government bonds, treasury bills
D. When an infant reached the age of 18, he may receive the money

Answer 13

B If the value of the property does not exceed $20,000, the court may order the
property distributed to person with whom infant, incompetent or conservatee
resides for infants use and benefit (CPLR 1206)

Question 14

Which of the following is the correct order? Unless the court appoints a guardian ad litem, an infant shall appear by the following:
1. Guardian of his property
2. Parent having legal custody
3. Adult spouse residing with infant (if infant is married)
4. Any person or agency having legal custody
A. 1, 2, 3, 4
B. 1, 2, 4, 3
C. 2, 1, 3, 4
D. 2, 1, 4, 3

Answer 14

A. 1, 2, 3, 4 (CPLR 1201)

Question 15

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 (if living); if not, mother (if living); person residing with infant
C. Infant, regardless of age
D. Infant if of the age of 14 or over.

Answer 15

C. Infant, regardless of age (CPLR 1211(b))

Question 16

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 surrogates court in the county of appointment
D. None of the above

Answer 16

C. Clerk of the surrogates court in the county of appointment (CPLR 1210e)

Question 17

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 litem 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 conservator

Answer 17

A. Infant if 14 or older (CPLR 1202)

Question 18

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 litem

Answer 18

D. Guardian ad litem (CPLR 1203)

Question 19

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 19

D. May be prepared by attorney for adverse party (CPLR 1208f)

Question 20

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 20

D. May be submitted to arbitration upon court order on application of infant’s
representative (CPLR 1209)

Question 21

Upon motion, court can order settlement of an action commenced by or on behalf of an infant, incompetent or conservatee. If NO action has been commenced, a _________ for settlement purposes may be commenced in Supreme Court (or county court if Supreme Court is not available in county where action is triable)

Answer 21

Special proceeding (CPLR 1207)

Question 22

If the infant is __ or more, the court must examine him as to his voluntary nomination of a suitable guardian

Answer 22

14 (CPLR 1210)