Multiple Choice Practice Exam

Question 1

Which of the following four choices contains at least one accusatory instrument that is not used in local criminal courts?
A. simplified information
B. misdemeanor complaint & information 
C. felony complaint & indictment 
D. prosecutor’s information

Answer 1

C. An indictment is used in superior criminal courts (not local criminal courts).

Question 2

Choose the best answer. Which of the following is false? A court may compel a defendant to appear for arraignment upon an accusatory instrument that has been filed by which of the following methods?
A. warrant of arrest 
B. summons 
C. desk appearance ticket
D. warrant of arrest or summons

Answer 2

C. A desk appearance ticket is issued before the filing of an accusatory instrument.

Question 3

Prior to the commencement of a criminal action, a person may be compelled to appear in a local criminal court for arraignment upon an accusatory instrument to be filed at or before his appearance by:
1. an arrest made without a warrant
2. issuance and service on him of an appearance ticket
3. summons
A. 1 only C. 1 and 2 only
B. 2 only D. 1 and 3 only

Answer 3

C. A summons is issued after the filing of an accusatory instrument.

Question 4

Where can a warrant of arrest issued by a district court, New York City criminal court or a superior court judge sitting as a local criminal be executed?
A. only in county of issuance
B. only in county of issuance or adjoining county
C. only in judicial department where issued
D. anywhere in the state

Answer 4

D. A warrant of arrest issued by a district court, NYC criminal court or a superior court judge sitting as a LCC can be executed anywhere in the state.

Question 5

Which of the following statements is false? Following an arrest, or following arraignment upon a local criminal court accusatory instrument, a defendant must be fingerprinted where accusatory instrument charges:
A. felony
B. any misdemeanor defined in Penal Law
C. any misdemeanor defined outside Penal Law
D. loitering for purposes of engaging in prostitution offense

Answer 5

C. This should read, “Following an arrest, or following arraignment upon a local criminal court accusatory instrument, a defendant must be fingerprinted where accusatory instrument charges a misdemeanor defined outside PL which would constitute a felony if such person had a previous judgment of conviction for a crime.”

Question 6

In a local criminal court, if the court does not make a final disposition at arraignment, it must issue a securing order which:
1. release defendant on his own recognizance
2. fixes bail for his future appearance
3. commit defendant to jail during pendency of prosecution
A. 2 and 3 only C. 1 or 2 only
B. 1 only D. neither 1 nor 2 nor 3

Answer 6

(C) 1. Releases defendant on his own recognizance 2. Fixes bail for future appearance

Question 7

Which of the following statements is not correct?
1. Defendant may as a matter of right testify in his own behalf
2. Upon request of defendant, court may allow him to call and examine other witnesses and produce evidence
3. Only hearsay evidence is admissible
4. Determination is based on reasonable cause to believe that the defendant committed a felony
A. 1 is not correct C. 3 is not correct
B. 2 is not correct D. 4 is not correct

Answer 7

C. Only non-hearsay evidence is admissible

Question 8

If the criminal court believes that a juvenile responsible for an offense because of his age and qualifies as a juvenile delinquent, the court must order action removed to family court pursuant to:
A. Article 725 of the CPL
B. Article 730 of the CPL
C. Article 4 of the FCA
D. Article 3 of the CPLR

Answer 8

A. Article 725 of the CPL

Question 9

Which of the following 5 choices is/are not correct? A grand jury may
1. indict a person
2. direct D.A. to file a prosecutor’s information in local criminal court
3. direct D.A. to file a removal to FC
4. vacate a judgment of a local criminal court
5. submit a grand jury report
A. Statements 2 and 3 only are not correct
B. Statement 5 only is not correct
C. Statement 4 only is not correct
D. Statements 1 and 5 only are not correct

Answer 9

C. A grand jury can dismiss a charge brought before it for indictment, but it does not have the appellate power to vacate a judgment of LCC.

Question 10

Which of the following is false? A waiver of indictment:
A. must contain name of the court in which it is executed
B. must contain the endorsement of the attorney for the defendant
C. must list the offenses to be charged in the superior court information
D. must list approximate time and place of offenses to be charged in the superior court information

Answer 10

B. A wavier of indictment must contain endorsement of DA (and not the endorsement of the attorney of the defendant).

Question 11

Which of the following 3 statements are correct?
1. Maximum sentence for a violation is 15 days
2. “Crime” means misdemeanor, felony, and petty offense
3. A car may be a dangerous instrument
A. Statement 1 only is correct
B. Statements 1 and 2 only are correct
C. Statements 1, 2 and 3 are all correct
D. Statements 1 and 3 only are correct

Answer 11

D. Statement 2 is not correct because a “petty offense” is NOT defined as a crime.

Question 12

Which of the following 3 statements are correct?
1. Misdemeanors are classified into 3 categories
2. Felonies are classified into 5 categories
3. Class “A” felonies are sub-classified into 2 categories
A. All 3 statements are correct
B. Only statements 1 and 3 are correct
C. Only statements 1 and 2 are correct
D. Only statements 2 and 3 are correct

Answer 12

A. All 3 statements are correct

Question 13

Any offense defined outside of the Penal Law which is declared to be a felony without specification of its classification or provides a sentence in excess of one year shall be deemed a ________________.
A. Class D felony C. Class E felony
B. Class c felony D. Class B felony

Answer 13

C. Class E felony

Question 14

Generally, the fine for a felony (not controlled substance) is higher of $_____, or double the amount of defendant’s gain.
A. $1,000 C. $10,000
B. $5,000 D. $25,000

Answer 14

B. $5,000

Question 15

Which of the following are local criminal courts?
1. justice courts and district courts
2. county court and supreme courts
3. village court and town courts
4. appellate division and court of appeals
A. 2 and 4 only C. 1 and 2 only
B. 4 only D. 1 and 3 only


Answer 15

D. 1. justice courts and district courts & 3. village court in town courts

Question 16

Generally, fine for a felony for a corporation is up to:
A. up to $1,000. C. up to $10,000
B. up to $5,000. D. up to $25,000

Answer 16

C. up to $10,000

Question 17

A criminal judgment is made up of conviction plus \_\_\_\_\_\_\_\_\_.
A. release of bail
B. sentence 
C. filing with DCJS
D. imposition of statutory 


Answer 17

B. Sentence

Question 18

Which is not correct?
A. Local criminal courts have trial jurisdiction over all offenses.
B. Local criminal court has trial jurisdiction over petty offenses.
C. Local criminal court have trial jurisdiction over misdemeanors.
D. Superior courts have trial jurisdiction over petty offenses (when included in an indictment).

Answer 18

A. Local criminal courts do not have trial jurisdiction over felonies.

Question 19

Generally, which of the following periods for the commencement of a criminal action are correct?
1. All felonies must be commenced within 5 years
2. All misdemeanors must be commenced within 1 year
3. All petty offenses must be commence within 6 months
A. 1 only C. 1 and 2 only
B. 2 and 3 only D. neither 1 nor 2 nor 3

Answer 19

D. All are not correct.

Question 20

Which of the following statements is false?
A motion to dismiss based on speedy trial provision must be granted where the people are not ready for trial within:
A. six months after filing accusatory instrument for felony
B. ninety days after filing of accusatory instrument (misdemeanor over 3 months)
C. fifteen days after filing of accusatory instrument charging a violation
D. sixty days after the filing of accusatory instrument (misdemeanor less than 3 months)

Answer 20

C. A motion to dismiss (speedy trial provision) must be granted if people are not ready for trial

Question 21

When an indictment is waived in a local criminal court, the D.A. must file a superior court information in the superior within ____ days of execution of the court order approving the waiver of indictment.
A. 3 C. 10
B. 5. D. 30

Answer 21

C. 10 days

Question 22

When an indictment is waived in a superior criminal court, the D.A. must file a superior court information in superior criminal court within ____ days execution of court order approving the waiver.
A. 3 C. 10
B. 5. D. None of the above

Answer 22

D. When an indictment is waived in a superior court, the DA must file a superior court information at the time that the waiver is executed.

Question 23

Which is not correct? A waiver of indictment:
A. cannot be executed without the consent of D.A.
B. must contain waiver of indictment
C. must contain consent to be prosecuted by superior court information
D. may be in writing

Answer 23

D. A waiver of indictment MUST be in writing.

Question 24

Which of the following statements is/are false? An indictment must contain:
1. the name of the criminal court where felony complaint was filed
2. the title of the action
3. the signature of the DA
4. signature of foreman of the grand jury
A. 1 only C. 1 and 4 only
B. 1 and 3 only D. 4 only

Answer 24

C. An indictment does NOT have to contain the signature of the foreman or acting foreman, or the name of the LCC where the felony complaint was filed.

Question 25

Where an action was commenced in a LCC, court must give at least ____ days’ notice of time and place of arraignment on an indictment to attorney for defendant, defendant at liberty, any surety, or other who posted cash bail.
A. 2 C. 7
B. 3. D. 10

Answer 25

A. 2 days’

Question 26

Upon successful completion of a diversion program, court may:
1. Order interim probation supervision and upon completion permit the defendant to withdraw guilty plea and dismiss the indictment
2. Order interim probation supervision and upon completion permit defendant to withdraw guilty plea and enter a guilty plea to a misdemeanor and sentence the defendant
3. Allow defendant to withdraw the guilty plea and dismiss the indictment
A. Only 1 and 2 are true
B. Only 1 and 3 are true
C. Only 2 and 3 are true
D. All 3 are true

Answer 26

D. All three are true

Question 27

Generally, the entry and acceptance of a plea of guilty to part of an indictment constitutes a disposition of:
A. That part of the indictment only, in all cases
B. That part of the indictment only if the people consent
C. The entire indictment
D. Half of the counts

Answer 27

C. The entire indictment

Question 28

If an indictment charges a B felony (PL 220: Controlled substance), the allowable plea is:
A. a class C felony      C. a class E felony 
B. a class D felony      D. None of the above

Answer 28

B. class D felony

Question 29

Which of the following statements is correct? In a trial of indictment, a defendant may:
A. Waive a jury trial except for Class A and Class B felonies
B. Waive a jury trial in all cases
C. Waive a jury trial except where charge is murder in the first degree
D. Waive a jury trial except where the charge is A, B or C felony

Answer 29

C. waive a jury trial except where charge is murder in the first degree

Question 30

Which of the following is false? In a trial of an indictment, each side has the following peremptory challenges:
A. Class A felony: 20 for regular jurors; 2 for each alternate
B. B or C felony: 10 for regular jurors; 2 for each alternate
C. Other than A, B and C felony: 10 for regular jurors; 2 for each alternate
D. D felony: 10 for regular jurors; 2 for each alternate

Answer 30

B. The correct number of peremptory challenges is 15

Question 31

Which of the following relating a jury viewing of premises is not correct?
A. Jury must be kept together throughout
B. Jury must be under the supervision of appropriate public servants appointed by the court
C. Prosecutor, defendant, and counsel may as a matter of right be present
D. Court may be present throughout

Answer 31

D. Court MUST be present throughout (not MAY).

Question 32

Upon a new trial from an order declaring a mistrial, the indictment is deemed to contain:
A. All the counts it contained at the time previous trial was commenced
B. All the counts not dismissed during trial ended by order of mistrial
C. All the counts listed in judge’s order of mistrial
D. All the counts originally contained in the felony complaint used for indictment

Answer 32

A. All the counts it contained at the previous trial was commenced

Question 33

Upon retiring to deliberate, jurors may take with them exhibits received in evidence at the trial which:
A. The court, after hearing both attorneys, permits the jurors to take
B. were also marked for identification
C. the defendant and the people do not object to
D. a majority of the jurors demand to take into jury room

Answer 33

A.

Question 34

In a non-jury trial of an indictment:
a. Court must permit opening addresses by parties
b. Court must permit summations by parties
A. Only a is correct
B. Only b is correct
C. Both a and b are correct
D. Both a and b are incorrect

Answer 34

C

Question 35

Which of the following statements relating to non-jury trials in a local criminal court is false?
A. The judge determines all questions of law
B. The judge is the exclusive trier of all issues of fact
C. The court may render a verdict
D. The court may permit opening addresses and may permit closing statements

Answer 35

C. The court MUST render a verdict

Question 36

The authority for the execution of a sentence is:
A. Certificate of disposition of judgment
B. Transcript of judgment
C. Certificate of conviction
D. Transcript of disposition of judgment

Answer 36

C. Certificate of conviction

Question 37

Which of the following choices is not correct? A fingerprint report from DCJS or a police department report (prior arrest record) is required for sentencing where the defendant is convicted of any of the following:
A. any felony
B. misdemeanor defined in the penal law
C. misdemeanor defined outside penal law
D. loitering, or loitering for purposes of engaging in a prostitution offense

Answer 37

C. This should read, “misdemeanor defined outside penal law which constitutes a felony if person had a previous crime conviction.

Question 38

Choose the best answer: The court may not revoke a sentence of probation or conditional discharge unless:
A. court found defendant has not violated a condition
B. defendant has had an opportunity to be heard
C. neither A or B
D. both A and B

Answer 38

B. defendant has had an opportunity to be heard

Question 39

Which of the following is not correct? Maximum imprisonment for non-payment of a court imposed fine is:
A. felony- 1 year
B. petty offense - 15 days
C. misdemeanor - 1/3 maximum authorized sentence
D. violation - 30 days

Answer 39

D. This should be 15 days.

Question 40

Which of the following is the best choice? A secured bail bond is secured by:
A. personal property (valued at least 1 times the undertaking).
B. real property (valued at least 3 times the undertaking).
C. both A and B
D. neither A nor B

Answer 40

A. A secured bail bond is secured by personal property (valued at least 1 times the undertaking).

Question 41

Generally, every youth is an eligible youth to be found a youthful offender unless:
1. the conviction to be replaced is for A-I or A-II felony, or armed felony, rape in the first degree, criminal sexual act in first degree, or aggravated sexual abuse, or
2. such youth was previously convicted and sentenced for a felony, or
3. such youth has previously been adjudicated a youthful offender following conviction for a felony, or has been adjudicated a youthful delinquent who committed a designated felony act, as defined in FC act.
A. Only 1 is correct
B. Only 2 is correct
C. Only 2 and 3 are correct
D. All 3 are correct

Answer 41

D. All 3 are correct

Question 42

A(n) \_\_\_\_\_\_\_\_\_\_ is a person who as a result of mental disease or defect lacks the capacity to understand the proceedings against him or to assist in his own defense 
A. Incarcerated person
B. Contingently liable person
C. Contemplative person 
D. Incapacitated person

Answer 42

D. Incapacitated person

Question 43

Each attorney in a criminal action must file a notice of appearance on or before the attorney’s first appearance in the action or not later than _____ days after appointment as attorney in the action, whichever is sooner.
A. 5 C. 20
B. 10 D. 30

Answer 43

B. 10 days (Criminal rules 200.5)

Question 44

Which of the following choices are correct? The provisions of this section, VTL 1192, shall apply to:
1. Public highways
2. Private roads open to motor vehicle traffic
3. Parking lots
4. Driveway in a two-family house
A. 1, 2, 3 and 4 C. 1, 2 and 3 only
B. 1 and 2 only D. 1 only

Answer 44

C. 1, 2 and 3 only

Question 45

Which of the following may suspend or revoke and suspend a driver’s license?
1. any magistrate, justice or judge, in a city, in a town, or in a village
2. any Supreme Court Justice, any county judge, any judge of a district court
3. the superintendent of state police, a police captain and the commissioner of motor vehicles or any person deputized by him.
A. All (1, 2, and 3) C. 2 and 3 only
B. 1 and 2 only. D. 1 and 3 only

Answer 45

B. (VTL 510) A police captain does not have such power

Question 46

Which of the following is not correct?
A. Generally venue is based on residence
B. A party resident in 2 counties is deemed a resident of each county
C. A corporation is deemed resident of county where its principal office is located
D. Prior to an action the parties may not agree in writing to fix place of trial

Answer 46

D. Prior to an action the parties may agree in writing to fix place of trial.

Question 47

If a court has obtained jurisdiction over parties, a civil proceeding shall not be dismissed solely because it is not brought in proper form. Court shall:
A. adjourn the proceeding for re-service of the complaint
B. dismiss the proceeding only if the calendar is congested
C. relinquish its jurisdiction over the parties
D. make whatever order is required for its proper execution

Answer 47

D. make whatever order is required for its proper execution

Question 48

In an action the parties are termed:
A. plaintiff and respondent
B. petitioner and defendant
C. plaintiff and defendant 
D. claimant and appellant

Answer 48

C. In an action the parties are termed plaintiff and defendant.

Question 49

Which of the following 2 statements are correct?
1. No court shall extend the time limited by law for the commencement of an action.
2. The parties may agree to a shorter time than that listed in CPLR Article 2.
A. Both statements are not correct
B. Only statement 1 is correct
C. Only statement 2 is correct
D. Both statements are correct

Answer 49

D. Both statements are correct

Question 50

Which of the following S/L is not 10 years?
A. action to recover real property or its possessions
B. action to recover letters patent after patent is declared void
C. action to recover real property after grant is declared void
D. action for which no specific statute of limitations is prescribed

Answer 50

D. S/L for which no specific statue of limitations is prescribed is 6 years.

Question 51

If a person leaves the state after a cause of action has accrued against him, the statute of limitations TOLLS (stops running) after he has been outside the state for ____________.
A. 1 year C. 4 months
B. 6 months D. 1 month

Answer 51

C. 4 months

Question 52

A special proceeding is commenced by:
A. filing of summons and complaint or summons with notice.
B. service of summons and complaint or summons with notice.
C. filing of petition
D. service of petition and notice of petition

Answer 52

C. filing of petition

Question 53

Which of the following statements is not correct?
Personal service upon a natural person may be made:
A. by personal delivery of the summons to person without NYS.
B. by delivery of summons in NYS to person of suitable age and discretion, at person’s place of business, dwelling, abode, and either mailing summons to person’s last known residence or actual place of business (first class mail) with notation “personal and confidential” on envelope.
C. Delivery and mailing must be made within 20 days of each other
D. Filing with clerk must be done within 20 days of delivery or mailing (whichever is done last)
E. Service is complete 20 days after filing proof of service

Answer 53

E. Service is complete 10 days after filing proof of service.

Question 54

A person to whom summons was not personally delivered and who does not appear may be allowed to defend the action within ___ year(s) after he obtains knowledge of the entry of judgment. However, the preceding period cannot extend more than ___ years after entry of judgment.
A. one….five C. five….seven
B. four….seven D. seven….twenty

Answer 54

A. one….five

Question 55

Which one of the following is false?
A. A petition and notice of petition must be served at least 8 days before hearing time. Answer must be served at least 2 days before hearing time. Reply, if any, must be served at or before hearing.
B. If notice of petition is served at least 12 days before hearing time, answer must be served at least 7 days before hearing, if petition so demands. A reply, if any, must be served at least 1 day before hearing.
C. Motions in a special proceeding which are made before the time at which the petition is noticed to be heard, shall be noticed to be heard at the same time that the petition is noticed to be heard.
D. Trials in special proceedings, if triable issues of fact are raised, shall be tried within 20 days.

Answer 55

D. Trials in special proceedings, if triable issues of fact are raised, shall be tried forthwith (not within 20 days).

Question 56

In a special proceeding the parties are termed:
A. plaintiff and claimant  
B. petitioner and defendant
C. plaintiff and defendant 
D. petitioner and respondent

Answer 56

D. petitioner and respondent

Question 57

Generally the place of trial of an action is the county designated by:
A. The court or referee
B. The plaintiff
C. The defendant
D. The defendant of attorney for defendant

Answer 57

B. Generally the place of trial of an action is the county designated by the plaintiff

Question 58

Choose the best answer. The court may order a joint trial or may order actions consolidated:
A. only upon a motion of one of the parties
B. On its own motion
C. On its own motion, or on the motion of one of the parties
D. None of the above

Answer 58

A. The court needs a motion by one of the parties to order joint trials or consolidation.

Question 59

Upon motion, the Supreme Court may remove to itself an action pending:
A. in any other court in all cases
B. in the appellate division in all cases, within a motion
C. in any court and consolidate it with action in Supreme Court, except action relating to real property pending in a county court
D. none of the above

Answer 59

C.

Question 60

Which of the following statements is not correct?
A. class is so numerous the joiner of all members is impracticable
B. questions of law or fact common to class predominate over questions affecting individual members
C. claims or defenses of representative parties are not typical of claims or defenses of the class
D. representative parties will fairly and adequately protect interests of the class

Answer 60

C. Correct statement is: Claims or defense of representative parties are typical of claims or defenses of the class.

Question 61

Which of the following choices is the best answer? When third-party practice (third-party action) is allowed, after service of his answer, a defendant may proceed against person liable for all or part of plaintiff’s claim. Also,
A. The third-party summons and complaint and all prior pleadings shall be served on third party defendant (and a copy to the plaintiff) within 120 days of the filing.
B. A separate index number shall not be issued
C. A separate index number fee shall be collected
D. All 3 choices are correct

Answer 61

D.

Question 62

A person may intervene by permission:
1. when a statue confers the right to intervene in the discretion of the court
2. when person’s claim/defense have common question law/fact with the main action
A. 1 only C. Both 1 and 2
B. 2 only D. Neither 1 nor 2

Answer 62

C.

Question 63

The affidavit in a motion to proceed as a poor person must contain all the following, except:
A. the amount of poor person’s income
B. the source of poor person’s income
C. statement that poor person is able to pay costs and fees
D. whether any other person is beneficially interested in the recovery sought

Answer 63

C.

Question 64

If the court determines that \_\_\_\_\_ has sufficient means to pay the full filing fee, the court may permit him to pay a reduced filing fee, the minimum of which shall not be less than 15 dollars and the maximum of which shall not be more than 50 dollars. 
A. any plaintiff                 
B. any petitioner 
C. any inmate
D. any claimant or any plaintiff

Answer 64

C.

Question 65

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 65

A. Choice A should read, “guardian of his property” - and not guardian of his person

Question 66

Which of the following choices is the best choice? Except where expressly prescribed by law, the court may extend:
A. the time fixed by any statue, rule, or order for doing any act.
B. extend the statue of limitations periods.
C. extend the time to appeal
D. A, B, and C are all correct

Answer 66

A.

Question 67

Which of the following is not correct? Each paper served or filed must begin with a caption stating:
A. The name of the court.
B. The venue
C. The title of the action
D. The name of the attorney
E. The nature of the paper
D. The index number of action, if one has been assigned.

Answer 67

D. The name of the attorney is not a requirement for the caption.

Question 68

Which of the following is statements relating to examples 1 and 2 are correct?

1. “John Smith et ano” means “John Smith and one other.”
2. “John Smith, et al” can mean “John Smith and 16 others.”

Answer 68

C. Both are correct.

Question 69

The following may serve or file an affirmation in an action in lieu and with same force and effect as affidavit, except:
A. an attorney
B. a physician of dentist
C. a plumber physically located in a U.S. state.
D. an osteopath

Answer 69

C. A “plumber” is not listed as an exception to the rule.

Question 70

Which of the following is an exception to the rule that papers served or filed must be 8 & 1/2 by 11 inches?
A. summonses and subpoenas
B. answer
C. notice of appearance and notes of issue
D. exhibits and orders of protection

Answer 70

B. Answers are not included in the rule.

Question 71

An order determining a motion relating to a \_\_\_\_\_\_\_\_ remedy shall be made within \_\_\_ days after motion is submitted for decision.
A. final….0 days
B. provisional….20 days
C. final….30 days
D. temporary….60 days

Answer 71

B. (CPLR 2219)

Question 72

Service of an order shall be made by:
A. serving the original order
B. serving the original order and one copy
C. serving a copy of the order
D. none of the above

Answer 72

C.

Question 73

If notice of motion is served at least ___ days before hearing time and notice so demands, answering affidavits must be served at least ___ days before hearing time.
A. 3….1 C. 16….7
B. 5….3 D. 8….3

Answer 73

C. (CPLR 2214(b) )

Question 74

Failure to comply with a judicial subpoena can result in all following, except:
A. punishment for contempt
B. $150 plus damages to aggrieved party
C. arrest on a warrant issued by the court
D. sequestration of the property of the witness

Answer 74

D. This is not a listed punishment

Question 75

A motion to QUASH (to annul, make void) a subpoena can be made in the court in which subpoena is returnable. If the subpoena is not returnable in a court, a request to modify or withdraw the subpoena must first be made to the person before a motion to quash or modify the subpoena is made in which court?
A. District court C. Appellate term
B. Supreme Court D. Appellate division

Answer 75

B. (CPLR 2304)

Question 76

If the summons and complaint are not personally delivered to the defendant within the state or served by some other methods, the time to answer shall be ____ days after service is complete.
A. 10 C. 30
B. 20 D. 35

Answer 76

C. 30 (CPLR 3012)

Question 77

Generally, where party is a domestic corporation, pleading by corporation must be verified by: 
A. the attorney for the corporation 
B. any employee of the corporation 
C. any officer of the corporation 
D. none of the above

Answer 77

C. any officer of the corporation

Question 78

After default by defendant, where claim is for a sum certain, plaintiff may make application to clerk for a judgment within 1 year after \_\_\_\_\_. 
A. motion to vacate
B. service of summons
C. default
D. service of summons and complaint

Answer 78

C. default

Question 79

In supreme and county court’s, a case marked off or struck from the calendar and not restored within 1 year shall be deemed __________.
A. active C. abandoned
B. restored. D. none of the above

Answer 79

C. abandoned

Question 80

If 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 80

A. D2, D1, P3, P2, P1

Question 81

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

Answer 81

B. 5 out of 6 must agree

Question 82

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

Answer 82

D. (CPLR 4110-c) Parties MAY be present

Question 83

Which of the following is not correct regarding civil juries?
A. A civil jury consists of 6 jurors.
B. Maximum number of alternate jurors of a civil case is 3.
C. Number of peremptory challenges for each side is 3.
D. 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 83

B. The maximum number of alternate jurors in a civil case is 2 (not 3).

Question 84

Motion for a new trial or to confirm or reject the verdict of an advisory jury or the report of a referee to report must be made within _____ days after the verdict or the filing of the report and prior to further trial in the action.
A. 60 C. 30
B. 45 D. 15

Answer 84

D. 15 (CPLR 4403)

Question 85

The current rate of interest on a judgment is:
A. 9 per cent per year, compounded daily
B. 6 per cent per year, compounded annually
C. 6% per year, on original judgment amount
D. 9 per cent per year, on original judgment amount

Answer 85

D. 9 per cent per year, on original judgment amount

Question 86

Choose the best answer: A judgment which dismisses a cause of action prior to close of proponent’s evidence:
A. is not a dismissal on the merits
B. Is not a dismissal on the merits, unless it specifies otherwise
C. is s dismissal on the merits
D. none of the above

Answer 86

B.

Question 87

A judgment may be docketed with the county clerk. The docketing creates a lien on the real property owned by the judgment debtor for a period of ____ years.
A. 4 C. 15
B. 10 D. 20

Answer 87

B. 10 years