CPLR Article 41 Concept Review 24 *Matching/Quick Questions. This will cover the Multiple Choice Questions from Article 41 since they are repetitive.

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match the terms to their appropriate definitions.

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a civil jury shall consist of____jurors

defendant may/must be present at viewing of premises

vertically jury finds in favor of one of parties

each party in the civil case has____peremptory challenges for regular jurors

maximum number of alternate jurors in a civil case

each party in a civil case has____peremptory challenges for every____alternate jurors

a____verdict is one in which the jury finds defects only

for civil jury to reach a verdict____ __ ____ ___jurist must agree

CPLR 4105. The first____persons who appear as their names are drawn and called, are approved as indifferent between the parties, and not discharged or excuses, must be sworn and constitute jury to try the issue.

CPLR 4106. True/false? 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.

CPLR 4107. True/false? A judge shall not be present at the examination of jurors.

CPLR 4108. true/false? A challenge to adjure or the entire panel of jurors shall be tried and determined by the court.

CPLR 4110. Person shall be disqualified as jurors relate within the______degree of consanguinity or affinity to a party.

CPLR 4109. Each party in a civil case has____peremptory challenges for regular jurors and____peremptory challenges for every two alternate jurors.

CPLR 4109. True/false? 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.

CPLR 4110. True/false? The defendant must be present at the viewing of a premises.

CPLR 4111. The____verdict is one in which the jury finds in favor of one or more parties.

CPLR 4113. True/false? A civil verdict must be unanimous.

CPLR 4101.*List the issues that shall be tried by jury (unless waived).

CPLR 4102. Party server note of issue not demented trial by jury of all issues may demand trial by jury of any other issues within____days of service of demand.

CPLR 4104. A civil jury shall consist of____jurors.

CPLR 4106. The maximum number of alternate jurors in a civil case is____.

CPLR 4113. True/false? If 5/6 of jurors cannot agree, court shall discharge the jury and direct a new trial before another jury.

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False

true

true

6

true

10

1.action for some of money only, 2. Action of ejectment; for dower; for waste; for abatement of and damages for nuisance; to recover chattel for determination of claim to real property under article 15 of real 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.

2

special

3… 1

6

True

false. The defendant does NOT have to be present at the viewing of the premises.

3

Sixth

False. 5 out of 6 is adequate for a verdict.

general

5 out of 6

May

6

2

2

general