Shap civ

CPLR 101
The main statute which governs civil procedure in New York State courts is known as the
A- civil practice act
B- rules of civil procedure
C- civil practice law and rules
D- civil practice rules and law

CPLR 101:
For the conduct of civil judicial proceedings in New York State courts:
A- each court has full authority to create its own procedure, applicable only in that court
B- only the New York State Supreme Court has authority to create its own procedure
C- the state legislature has enacted different procedures for each of the state courts
D- all courts and judges are governed by the procedure set forth in Civil practice law and rules to the extent that there is no inconsistent procedure

CPLR 103b
As to the form of civil actions

A- the form generally depends on the remedy sought
B- there is one form for actions at law, and another for suits in equity
C- the form remains as it existed under common law
D- there is only one form for all civil actions, except where special proceedings are authorized

CPLR 103
Where a court has obtained jurisdiction over the parties but the action is not brought in the proper form, the court should:

A- dismiss the action
B- not dismiss it, but make an order for its proper prosecution
C- dismiss the action until it is in its proper form
D-dismiss the action upon notice to all parties

CPLR103
Select the correct statement:
A- except where otherwise prescribed by law, the procedure in a special proceeding and in civil actions are governed by the CPLR
B- only Civil actions are governed by the CPLR, special proceedings are governed by the special proceedings procedure law
C- the procedure for special proceedings is determined by the court on a case by case basis to achieve substantial justice between the parties
D- while actions at law are governed by the CPLR, suits in equity are not

CPLR 104
Civil practice law and rules shall be construed to secure which one of the following:
A- A just, speedy, and inexpensive determination of every civil judicial proceeding
B- settlement of cases without trial
C- settlement of cases without judicial intervention
D- reduction of delay in judicial case processing

CPLR 105 and 401
Plaintiff is to defendant in a civil action as petitioner is to_________ in a special proceeding.
A- respondent
B- defendant
C- complainant
D- deponent

CPLR 105
Summons and complaint in a civil action are called________ in a special proceeding
A - petition in lieu of summons and complaint
B- notice of petition and petition
C- notice of motion and motion
D-order and judgement

CPLR 105 E
The word "clerk" means:
1- clerk of the Court in which the action is triable
2- clerk of the county in the Supreme and County Court
3- the supreme judicial clerk

A- 1 only
B- 2 only
C- 1 and 2 only
D- 3 only
E- 1, 2 and 3

CPLR 105 (s-1)
The term "the sheriff" as used in the CPLR means:
A- the local police chief or chief executive
B- the county sheriff
C- the city sheriff of any City
D- the city marshal

CPLR 105
A domestic corporation refers to corporations
A- located within the United States or its territories
B- engaged in matters involving dwellings and residences
C- doing business within the state of New York
D- created by or under New York State law, or located within New York State and created by or under federal (i.e. United States) law

CPLR 105
Select all correct answers:
A garnishee is
A- A person to whom a debt is owing
B- a person who owes a debt to a judgement debtor
C- a person other than the judgement debtor who has property in his possession or custody in which a judgement debtor has an interest
D- a judgement debtor

CPLR 105
Under the CPLR, an infant is a person who has not yet attained the age of:
A- twelve
B- sixteen
C- eighteen
D- twenty one

CPLR 105
A judgement creditor is:
A- any person seeking a judgement
B- a person in whose favor any judgement is entered
C- a person in whose favor a money judgement is entered, or a person who becomes entitled to enforce it
D- none of the above

CPLR 105
Which one of the following actions are not considered matrimonial actions?
A- separation
B- annulment
C-divorce
D- enforcement of a marital agreement

CPLR 106
When there can be both a civil and criminal action arising out of the samecircumstances:'
A- they are not merged, and both may proceed
B- the action which is first commenced acts as a bar to commencement of the other
C- the civil action must be commenced first
D- the criminal action must be commenced first

CPLR 201
Select the correct statement:
A- the time limitations specified in the CPLR within which an action must be commenced (i.e. Statutes of limitations) override any other inconsistent provisions of law
B- actions brought in the name of or for the benefit of the State are not subject to the time limitations of the CPLR for the commencement of actions
C- the time limitations specified in the CPLR within which an action must be commenced may be shortened by written agreement
D- A court having jurisdiction of a civil action may, if substantial justice would be promoted, extend the time within which an action must be commenced

CPLR 202
Select the correct statement as to a cause of action accruing outside New York State:
A- It must be commenced in all instances within the time limited by the laws of the state where the cause of action accrued
B- if the plaintiff is a New York State resident, the action must be commenced both within the time limited by the laws of New York and the laws of the state where the cause of action accrued
C- if the cause of action accrues in favor of a resident of New York State, then the time limited by the laws of the State where the cause of action accrued does not apply
D- if the cause of action accrues against a resident of this state then only the time limited by the laws of this state shall apply

CPLR 203
In the supreme and county courts, the statute of limitations is computed from the time the cause of action __________ to the time the claim is ___________
A- accrues……..served on the defendant
B- accrues…… interposed
C- commences……interposed
D- commences….served on defendant

CPLR 203
In the Supreme and county courts, a claim may be interposed against A defendant in which of the following ways:
I- summons and complaint are filed
II- a court order is signed after finding the circumstances prevent the immediate filing of the summons and complaint with the clerk of the Court
III- the summons and complaint are served on the defendant
IV- the summons and complaint are delivered to the sheriff

A- I only
B- I and II only
C- I, II and III only
D- I, II, III and IV

CPLR 203
For statute of limitation purposes, a defense or counterclaim is interposed when:
A- a copy is filed in the court having jurisdiction
B - a copy is delivered to the sheriff of the County in which the claimant resides
C- a copy is filed with the clerk of the county in which the claimant resides
D- a pleading containing it is served

CPLR 204
When commencement of an action has been stayed by a court or by statutory prohibition, the duration of the stay is:
A- not to exceed six months beyond the time limited for commencement of the action
B- not to exceed ninety days, excluding Sundays and holidays, beyond the time limited for commencement of the action
C- part of the time within which the action must be commenced
D- not part of the time within which the action must be commenced

CPLR 204
In relation to the time within which an action must be commenced, when a demand is made for arbitration and there has been final determination that there is no obligation to arbitrate, the time thus elapsed between the demand and the final determination is:
A- included within the time in which the action must be commenced
B- not included within the time in which the action must be commenced, provided the time is not thereby extended beyond one additional year
C- not included within the time in which the action must be commenced, provided the time is not thereby extended beyond an additional six months
D- not covered by the CPLR

CPLR 205
An action that is otherwise timely brought and later terminated may be recommenced within six months of the termination if the action was terminated for any reason except:
A- voluntary discontinuance only
B- dismissal for neglect to prosecute only
C- final judgement on the merits only
D- failure to obtain personal jurisdiction only
E- A, B, C or D

CPLR 205(a)
Where dismissal is one for neglect to prosecute (CPLR 3216) the judge:
A- must set forth on the record the specific conduct constituting the neglect
B- may set forth on the record the specific conduct constituting the neglect
C- must stay the proceeding until the neglect has been cured
D- must provide the parties with an offer to compromise

CPLR 205-a
If an action upon a bond or note, the payment of which is secured by a mortgage upon real property, is terminated in any manner other than voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for any form of neglect or by default due to non appearance for conference or at a calendar call, or by failure to timely submit any order or judgement, or upon a final judgement upon the merits, the original Plaintiff or, if the original plaintiff dies and the cause of action survives, his or her executor or administrator may commence a new action upon the same transaction or occurence or series of transactions or occurrences within _____ months following the termination, provided that the new action would have been timely commenced within the applicable limitations period prescribed by law at the time of the commencement of the prior action and that service upon the original defendant is completed within such
period
A- six
B- twelve
C- eighteen
D - the action may not be recommenced

CPLR 206
When a demand is necessary to entitle a person to commence an action, and the right to make the demand grows out of the receipt or detention of money by a fiduciary, the time within which the action must be commenced ( except as provided in article 3 of the Uniform Commercial Code) shall be computed from:
A- two years after receipt or detention of the money.
B- the time of receipt or detention of the money
C- the time when the person having the right to make the demand d discovered the facts upon which the right depends.
D- one year after the person having the right to make the demand discovered the facts upon which the right depends

CPLR 206
Where a judgment is entered against a principal in an action based upon an injury resulting from the act or omission of his deputy or agent, the time within which an action by the principal against the deputy or agent must be must be commenced is computed from:
A- three years following the time when the action against the principal was commenced
B- five years following the time when the action against the principal was commenced
C - the time when the action against the principal was commenced.
D- the time when the action against the principal was finally determined