CPLR Article 40

Question 1

Marked pleadings must be plainly marked to indicate which statements are _______ and which are _________ by the responsive pleading.

Answer 1

Admitted; controverted (CPLR 4012)

Question 2

Closing statements are made in (same order/inverse order) to opening statements.

Answer 2

Inverse order (CPLR 4016)

Question 3

Marked pleadings shall be furnished to the judge by the party who _______.

Answer 3

Filed the note of issue (CPLR 4012)

Question 4

A motion for a trial by referee or advisory jury shall be made within __ days after the note of issue is filed.

Answer 4

20 (CPLR 4015)

Question 5

T/F? Formal exceptions to rulings of the court are not necessary.

Answer 5

True (CPLR 4017)

Question 6

T/F? Where increased damages are granted by statute, the decision, report or verdict shall specify the sum awarded as single damages, and judgment shall be entered for the increased amount.

Answer 6

True (CPLR 4018)

Question 7

When the court conducts an interview of an infant in any action or proceeding to fix temporary or permanent custody or to modify judgments and orders of custody
A. A stenographic record must be made in all cases
B. A stenographic record must be made only if both sides agree
C. A stenographic record must be made only if infant is under the
age of 7
D. None of the above

Answer 7

A. A stenographic record must be made in all cases (CPLR 4019)

Question 8

First the parties make opening statements in this order (P1, P2, P3, D1, D2) the order in which they will make closing statements is 
A. D2, D1, P3, P2, P1 
B. D1, D2, P3, P2, P1 
C. D2, D1, P1, P2, P3 
D. None of the above

Answer 8

A. D2, D1, P3, P2, P1 (CPLR 4016)

Question 9

Which of the following statements are true? In an action to recover damages for personal injuries or wrongful death, attorney for party shall be permitted to make reference during closing statements to specific dollar amount that attorney believes to be appropriate compensation for damages. Upon request by party, court shall instruct jury that:
1. Attorneys reference to a dollar amount is permitted as argument
2. Attorneys reference is evidence
3. The determination of damages is solely for the jury to decide
A. 1, 2 and 3
B. 2 and 3
C. 1 and 2
D. 1 and 3

Answer 9

A. 1, 2 and 3 (CPLR 4016)

Question 10

Marked pleadings shall be furnished by 
A. The plaintiff in all cases 
B. The defendant in all cases 
C. Both the plaintiff and the defendant 
D. The party who filed the note of issue

Answer 10

D. The party who filed the note of issue (CPLR 4012)

Question 11

Generally, the court may appoint a ___________ to determine an issue, perform an act, or inquire and report.

Answer 11

Referee (CPLR 4001)