CPLR Article 41

Question 1

The first ______ persons who appear as their names are drawn and called, and are approved as indifferent between the parties, and not discharged or excuses, must be sworn and constitute the jury to try the issue

Answer 1

6 (CPLR 4105)

Question 2

T/F? After the final submission of the case, the court may in its discretion, retain such alternate juror or jurors. If any of the regular jurors cannot perform his duties, the court shall discharge the juror and draw the name of an alternate to replace the discharged juror.

Answer 2

True (CPLR 4106)

Question 3

T/F? A judge shall not be present at the examination of jurors

Answer 3

False (CPLR 4107)

Question 4

T/F? A challenge to a juror or the entire panel of jurors shall be tried and determined by the court

Answer 4

True (CPLR 4108)

Question 5

Persons shall be disqualified as jurors if related within the _______ degree by consanguinity or affinity to a party

Answer 5

Sixth (CPLR 4110)

Question 6

Each party in a civil case has ___ peremptory challenge(s) for regular jurors and __ peremptory challenge(s) for every two alternate jurors

Answer 6

3…1 (CPLR 4109)

Question 7

T/F? Where there are more parties on the side than on the other, the court may grant an additional equal number if peremptory challenges to both sides

Answer 7

True (CPLR 4109)

Question 8

T/F? The defendant must be present at the viewing of a premises

Answer 8

False (CPLR 4110)

Question 9

A ________ verdict is one in which the jury finds in favor of one or more parties

Answer 9

General (CPLR 4111)

Question 10

T/F? A civil verdict must be unanimous

Answer 10

False (CPLR 4113)

Question 11

List the issues that shall be tried by a jury (unless waived)

Answer 11

1) action for a sum of money
2) action of ejectment, for dower; wast; for abatement of and damages for a nuisance; to recover chattel for determination of claim to real property under Art. 15 of reap property actions and proceedings law
3) any action in which a party is entitled by the constitution or by express provisions of law to a trial by jury

Question 12

Party served with note of issue not demanding a trial by jury of all issues may demand trial by jury within ___ days of service of note of issue

Answer 12

15 (CPLR 4102)

Question 13

Party served with note of issue not demanding trial by jury of all issues may demand trial by jury of any other issues within ___ days of service of demand

Answer 13

10 (CPLR 4102)

Question 14

A civil jury shall consist of ___ jurors

Answer 14

6 (CPLR 4104)

Question 15

The maximum number of alternate jurors in a civil case is __

Answer 15

2 (CPLR 4106)

Question 16

T/F? If five sixths of jurors cannot agree, court shall discharge the jury and direct a new trial before another jury

Answer 16

True (CPLR 4113)

Question 17

A party served with note of issue not demanding a trial by jury can demand trial by jury by serving and filing demand in office where note of issue was filed within \_\_\_ days of service of note of issue 
A. 10 
B. 15 
C. 20 
D. 30

Answer 17

B. 15 (CPLR 4102)

Question 18

The first \_\_ persons who appear as their names are drawn and called and are approved as indifferent between the parties, and not discharges or excuses, must be sworn and constitute the jury to try the issue 
A. 3 
B. 6 
C. 8 
D. 12

Answer 18

B. 6 (CPLR 4105)

Question 19

Which of the following 4 choices is correct?
1. A general verdict is one in which the jury finds in favor of one or
more parties
2. A special verdict is one in which the jury finds the facts only,
leaving the court to determine which party is entitled to judgment
A. 1
B. 2
C. Both are correct
D. Both are incorrect

Answer 19

C. Both are correct (CPLR 4111)

Question 20

In which of the following actions may a trial by jury be demanded?
1. action for a sum of money only
2. action for ejectment and to recover a chattel
3. action where it is entitled to jury trial by constitution
A. 1 and 2
B. 1, 2 and 3
C. 2 and 3
D. 1 and 3

Answer 20

B 1, 2 and 3 (CPLR 4101)

Question 21

A civil jury shall be composed of \_\_\_ persons 
A. 6 
B. 8 
C. 12 
D. 13

Answer 21

A. 6 (CPLR 4104)

Question 22

Unless the court orders otherwise, the maximum number of alternate jurors in a civil case as per the CPLR is 
A. 2 jurors 
B. 4 jurors 
C. 6 jurors 
D. 1 juror

Answer 22

A. 2 jurors (CPLR 4106)

Question 23

In a civil case each party shall have 3 peremptory challenges in the selection of \_\_\_\_ 
A. alternate jurors 
B. jurors 
C. jurors and alternate jurors 
D. each juror

Answer 23

B. jurors (CPLR 4109)

Question 24

Where there are more parties on one side than on the other, the court may
A. grant additional challenges to the side with most parties
B. eliminate peremptory challenges for both sides
C. eliminate challenges for cause for the side with most parties
D. grant the same number of additional peremptory challenges to both sides

Answer 24

D. grant the same number of additional peremptory challenges to both sides
(CPLR 4109)

Question 25

Relating to the viewing of a premises by jury, which of the following is not correct?
A. jury may be kept together
B. the court may be present
C. appropriate public servant(s) may be present
D. parties must be present

Answer 25

D. parties must be present (CPLR 4110-c)

Question 26

For a civil jury to reach a verdict, how many jurors must agree? 
A. all 6 (unanimous) 
B. 5 out of 6 
C. 3out of 4 of regular jurors 
D. a majority of the jurors

Answer 26

B. 5 out of 6 must agree (CPLR 4113)