CPLR Quiz 4 Articles 34-78 Flashcards
CPLR 3402 Any party may place a case on the calendar after issue is first joined or after __ days have passed since service of the summons has been completed.
40
CPLR 3402 Any party may place a case on the calendar by filing with the clerk 2 copies of a note of issue and proof of service within __ days after service upon the other party.
10
CPLR 3403 T/F? Unless a preference is granted, civil cases shall be tried in the order in which ______ have been filed.
notes of issue
CPLR 3403 T/F? Preference shall be granted in any action in which attorney is over the age of 70
False
CPLR 3404 A case marked off and not restored within ___ shall be deemed abandoned
1 year
CPLR 3406 Notice of medical malpractice action must be filed within ___ days after issue is first joined.
60
Which of the following actions is not entitled to a trial preference?
A. action brought by the state
B. action where preference is not provided by the statute, but plaintiff is 65 yrs old
C. medical malpractice action or application of party at least 70 yrs old
D. action against the state
B. action where preference is not provided by the statute, but plaintiff is 65 yrs old
(CPLR 3403)
Generally, a motion for a preference shall be served with the note of issue by a party serving note of issue or by any other party within \_\_ days of such service A. 10 B. 20 C. 30 D. 15
A. 10 (CPLR 3403)
In personal injury actions involving terminally ill parties whose illness is a result of defendant's conduct, may request an expedited preliminary conference and timetable. Generally: 1. preliminary conference shall be held within 20 days after the filing of the request. 2. discovery is to be completed within 90 days after the preliminary conference 3. trial is to be commenced within \_\_\_\_\_ of judge's order (made at preliminary conference) A. 6 months B. 9 months C. 1 year D. 15 months
C. 1 year (CPLR 3407)
CPLR 4101 List the issues that shall be tried by a jury (unless waived/MCWREND)
Money Chattel Waste Real property Nuisance Dower
CPLR 4102 Party served with note of issue not demanding trial by jury may demand trial by jury within __ days of service of note of issue
15
CPLR 4102 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
10
CPLR 4104 A civil jury shall consist of ___ jurors
6
CPLR 4106 The maximum number of alternate jurors in a civil case is ___
2
CPLR 4109 Each party in a civil case has ____ peremptory challenge(s) for regular jurors and ____ peremptory challenge(s) for every two alternate jurors
3 & 1
CPLR 4109 T/F? Where there are more parties on one side than on the other, the court may grant an additional equal number of peremptory challenges to both sides
True
CPLR 4110 T/F? The defendant must be present at the viewing of a premises.
False
CPLR 4111 A ______ verdict is one in which the jury finds in favor of one or more parties
general
CPLR 4113 T/F? A civil verdict must be unanimous
False 5/6 is required
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. 0 to 6 jurors
A. 2 jurors )CPLR 4106)
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.
D. grant the same number of additional peremptory challenges to both sides
(CPLR 4109)
Relating to the viewing of a premises by jury, which of the following is correct?
A. jury may be kept together
B. the court may be present
C. appropriate public servant(s) may be present
D. parties may be present
D. parties may be present
CPKR 4110-c
CPLR 5001 Amount of interest awarded on a verdict, report or decision shall be computed by ___________.
the clerk of the court
CPLR 5001 The 3 general time periods for the calculation of interest on a judgement are:
- date of occurrence to date of decision/verdict
- date of decision/verdict to date of entry of judgment
- date of judgment entry to date of payment
CPLR 5012 T/F? A judgment dismissing a cause of action before the close of the proponent’s evidence is a dismissal on the mertis
False
CPLR 5105 Request for relief from a judgment based on excusable default must be made within____ year after service of a copy of order or judgment with written notice of entry
1
CPLR 5016 Upon a special verdict ______ shall direct the entry of a judgment
the judge
CPLR 5016 Judgment upon a general verdict of a jury shall be entered by ______
the clerk
The current rate of interest on a judgment is:
A. 9% per year, compounded daily
B. 6% per year, compounded annually
C. 6% per year, on original judgment amount
D. 9% per year, on original amount
D. 9% per year, on original amount
CPLR 5004
CPLR 5201 Proper garnishee of property consisting of an interest in a partnership is ______
any partner other than the judgment debtor
CPLR 5205 Wedding ring is exempt from application to satisfaction of judgment if it doesn’t exceed $______.
1,000
CPLR 5207 T/F? The procedures in article CPLR 52 relating to enforcement of money judgments are applicable to judgments against NYS.
False
CPLR 5222 A restraining notice may be issued by the clerk of the court or the attorney for the judgment creditor as officer of the court, or by _________
the support collection unit designated by the appropriate social services district
CPLR 5241 t/F? “Income” as defined for support enforcement includes unemployment insurance benefits and federal social security benefits
True
Which of the following is false? A restraining notice
A. may be served on judgment debtor’s employer to restrain wages
B. generally, must be served in like manner as a summons
C. is effective for a period of one year, unless judgment is paid before
D. must specify all the parties to the action
A. may be served on judgment debtor’s employer to restrain wages
(CPLR 5222)
Which of the following is false? Referring to disclosure after judgment
A. subpoena for oral deposition may be served
B. subpoena duces tecum may be served
C. A person other than judgment debtor must be paid 1 day’s witness fee plus traveling expenses
D. disobedience of subpoena is not punishable as a contempt of court
D. disobedience of subpoena is not punishable as a contempt of court
CPLR 5230
Income execution is for maximum of \_\_\_\_\_\_\_% of qualifying judgment debtor's income (money from any source) A. 9% B. 10% C. 12% D. none of the above
B. 10% (CPLR 5231)
A restrainting notice shall: 1. specify all the parties to the action 2. the date that judgment or order was entered 3. the court in which it was entered 4. the amount of judgment or order and amount then due A. 1, 2 and 3 B. 2, 3 and 4 C. 1, 2, 3 and 4 D. 1, 3 and 4
C. 1, 2, 3 and 4 (1. specify all the parties to the action 2. the date that judgment or order was entered 3. the court in which it was entered 4. the amount of judgment or order and amount then due)
CPLR 5222
A restraining notice shall: 1. the names of all parties in whose favor judgment was entered, 2. set forth the effect of restraint, prohibition of transfer and duration of restringing notice, 3. shall state that disobedience is not punishable as a contempt of court, 4. contain original or copy signature of clerk of court or attorney or name of support collection unit which issued it A. 1, 2, 3 and 4 B. 1, 2 and 3 C. 1, 2 and 4 D. 1 and 2
C. 1, 2 and 4 (1. the names of all parties in whose favor judgment was entered, 2. set forth the effect of restraint, prohibition of transfer and duration of restringing notice 4. contain original or copy signature of clerk of court or attorney or name of support collection unit which issued it)
CPLR 5222
CPLR 5511 The party who appeals is known as the _______
appellant
CPLR 5512 The adverse party to the appellant is known as _________
the respondent
CPLR 5512 In a civil case you may appeal a _______ or ________.
judgment, an order
CPLR 5513 A notice of appeal must be served and filed within _____ days after service upon appellant of a copy or order and written notice of its entry
30
CPLR 5515 Appeal shall be taken by serving on the adverse party a notice of appeal AND _______
filing it in office where judgment/order is entered
CPLR 5516 A motion for permission to appeal must be noticed to be heard at least _____ days and not more than _____ days after the notice of motion is served
8…15
CPLR 5524 A judgment directed by an appellate court must be entered by the clerk of ________
the court to which remission is made
Which of the following statements relating to appeals is correct?
A. Generally , the court of appeals reviews questions of fact only.
B. Generally, appellate division reviews questions of law only.
C. An order or a final judgment can be appealed
D. Generally the appellate term reviews questions of law only
C. an order or a final judgment can be appealed
CPLR 5501
A \_\_\_\_\_\_ can be appealed within 30 days of service of copy of judgment with notice of entry. 1. default judgment by either party, 2. final judgment A. 1 B. 2 c. 1 and 2 d. neither 1 nor 2
b. 2. final judgment (CPLR 5511)
An appeal as of right must be made by serving and filing notice of appeal within 30 days of
a. entry of judgment or order
b. decision or verdict
c. service of copy of judgment or order with notice of entry
d. entry of judgment or 30 days from entry of order
c. service of copy of judgment or order with notice of entry
CPLR 5513
Generally, the service and filing of a notice of appeal stays all proceedings to enforce the judgment
A. in all civil cases
B. in all cases where the judgment being appealed is a final judgment
c. in all cases where the judgment being appealed is an interlocutory judgment
D. if an undertaking is filled.
d. if an undertaking is filed
CPLR 5519
An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order is entered. A notice of appeal shall designate: 1. name of party taking the appeal, 2. the judgment or order (or specific part of judgment or order being appealed) and 3. the court to which the appeal is taken
a. 1 and 2
b. 1, 2 and 3
c. 2 only
d. 2 and 3
b. 1, 2 and 3 (1. name of party taking the appeal, 2. the judgment or order (or specific part of judgment or order being appealed) and 3. the court to which the appeal is taken)
CPLR 5515
CPLR 7001 A habeas corpus proceeding is a ______ proceeding.
special
CPLR 7002 T/F? Petition for writ of habeas corpus may be made by party in child abuse proceeding
true
CPLR 7002 T/F? Petition for writ of habeas corpus may be made to any supreme court justice
true
CPLR 7005 A writ of habeas corpus may be served on ________
any day
CPLR 7009 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 court may order.
8
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
d. any county judge
CPLR 7002
Petition or affidavit in a petition for a writ of habeas corpus must stay among other things the: 1. date and court or judge to whom it made 2. deposition 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
b. both 1 and 2
CPLR 7002
CPLR 7501 T/F? A written agreement to submit a controversy to arbitration is enforceable and confers jurisdiction on the courts to enter judgment on the award
true
CPLR 7502 (Arbitration) T/F? Failure to assert the statute of limitations shall preclude its assertion before the arbitrators
false
CPLR 7503 Party may serve upon other party demand to arbitrate (served in same manner as summons) or by _______
certified mail, return receipt requested
CPLR 7505 An arbitrator has the power to issue subpoenas and ________
administer oaths
CPLR 7506 An arbitration hearing shall be conducted by all the arbitrators, but ________ may determine any question and render an award
a majority
CPLR 7508 An award by confession may be made within ______ months after the statement is verified
3
CPLR 7510 The court shall confirm an arbitration award upon an application of a party made within _____ after its delivery to him
one year
The court upon application of a party, shall appoint an arbitrator where: 1. arbitration agreement does not provide for method of appointing arbitrator 2. if method fails or is not followed 3. if arbitrator fails to act and his successor is not appointed
a. 1
b. 1 or 2
c. 1, 2 and 3
d. none of the above
c. 1, 2 and 3 (1. arbitration agreement does not provide for method of appointing arbitrator 2. if method fails or is not followed 3. if arbitrator fails to act and his successor is not appointed)
CPLR 7504
Which of the following grounds is not a ground for vacating an arbitrator’s award?
A. the rights of the party were prejudiced by above grounds
b. a valid agreement to arbitrate was not made
c. the arbitration agreement was not complied with
d. the arbitrator awarded upon a matter not submitted to him
d. the arbitrator awarded upon a matter not submitted to him
CPLR 7511
CPLR 7801 T/F? An article 78 proceeding may be used to challenge a determination that can be reviewed by appeal by a higher court
false
CPLR 7801 T/F? An article 78 proceeding shall not be used to challenge any determination which was made in a civil or criminal proceeding
false
CPLR 7804 T/F? An article 78 proceeding (proceeding against a body or officer) is not a special proceeding.
true
CPLR 7804 A proceeding against a body or officer shall be brought in ____________.
any county in the judicial district where cause of action arose.
CPLR 7804 T/F? In an article 78 proceeding, a notice of petition must be served
false
CPLR 7804 In an article 78 proceeding the petition and notice of petition must be served at least __ days before the time stated for appearance
20
Answer and supporting affidavits in an article 78 proceeding must be served at least ___ days before time petition is notice to be heard
a. 1
b. 2
c. 5
d. 7
c. 5 (CPLR 7804)
An article 78 notice of petition against a state body or officer(s) must in addition to the body or officers be served upon the:
a. state comptroller
b. attorney general
c. chief judge of the court of appeals
d. none of the above
b. attorney general (CPLR 7804)
