CPLR Article 70

Question 1

The writ shall be directed to, and the respondent shall be, the person _______________.

Answer 1

Having custody of the person detained (CPLR 7004)

Question 2

The return shall consist of an affidavit to be the same manner as an answer and filed at the time and place specified in the writ, or, where the writ is returnable forthwith, within __ hours after its service

Answer 2

24 (CPLR 7008)

Question 3

T/F? Petition for writ of habeas corpus may be made to any Supreme Court justice

Answer 3

True (CPLR 7002)

Question 4

Penalty for violation to lawfully issue a writ is ______.

Answer 4

$1000 (CPLR 7003)

Question 5

A writ of habeas corpus may be served on _________.

Answer 5

Any day (CPLR 7005)

Question 6

Where detention is by virtue of a mandate, court shall not adjudicate the issues in proceeding until written notice of hearing has been served personally __ days prior to hearing, or as cough may order

Answer 6

8 (CPLR 7009)

Question 7

A habeas corpus proceeding is a _________ proceeding

Answer 7

Special (CPLR 7001)

Question 8

T/F? Petition for writ of habeas corpus may be made by party in a child abuse proceeding

Answer 8

True (CPLR 7002)

Question 9

A petition under article 70 is a(n) \_\_\_\_\_\_\_\_\_\_\_. 
A. Action 
B. Special proceeding 
C. Action or a special proceeding 
D. None of the above

Answer 9

B. Special proceeding (CPLR 7001)

Question 10

Which of the following 2 statements are correct?
1. A writ of habeas corpus may be served on any day
2. Service of a writ of habeas corpus may be made by delivering
the writ and a copy of the petition to the person whom it is
directed
A. 1
B. 2
C. Both are not correct
D. Both are correct

Answer 10

D. Both are correct (CPLR 7005)

Question 11

The return shall consist of an affidavit to be served in the same manner as an answer and filed at the time and place specified in the writ, or, where the writ is returnable forthwith, within \_\_\_\_\_\_\_\_ after service 
A. 7 hours 
B. 24 hours 
C. 72 hours 
D. None of the above

Answer 11

B. 24 hours (CPLR 7008)

Question 12

Penalty for violation to lawfully issue a writ is 
A. $500 
B. $1000 
C. $3000 
D. $10,000

Answer 12

B. $1000 (CPLR 7003)

Question 13

Where detention is by virtue of s mandate, the court shall not adjudicate the issues in the proceeding until written notice of hearing has been served personally \_\_\_ days prior to hearing, or a court may order 
A. 3 
B. 7 
C. 8 
D. 10

Answer 13

C. 8 (CPLR 7002)

Question 14

Which of the following choices is not correct? A petition for a writ of habeas corpus where subject is the petitioner, may be made
A. A person illegally
B. A person at Liberty within NYS
C. Party in a child abuse proceeding
D. Judge authorized to issue writs of habeas corpus with evidence that
a person is so detained

Answer 14

B. A person at Liberty and within NYS (CPLR 7002)

Question 15

Which of the following is false? Generally a petition for a writ of habeas corpus may not be made to
A. Supreme Court in judicial district where person is detained
B. Appellate division in department where person is detained
C. Any justice of the Supreme Court
D. Any county judge

Answer 15

D. Any county judge (CPLR 7002)

Question 16

Petition or affidavit in a petition for a writ of habeas corpus must state among other things the
1. Date and court or judge to whom made
2. Disposition of previous applications for a writ, appeal if taken, or new facts, if any
A. 1
B. Both 1 and 2
C. Neither 1 nor 2
D. 2 only

Answer 16

B. Both 1 and 2 (CPLR 7002)