FREE NY Bar Civil Procedure Questions and Answers
What is the standard of proof required in civil cases in New York?
Correct!
Wrong!
In civil cases, the standard of proof is "preponderance of the evidence," which means that a party must show that their version of the facts is more likely true than not.
What is the role of a preliminary conference in New York civil litigation?
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Wrong!
A preliminary conference is used to facilitate discovery, set deadlines, and manage the progression of the case.
Which court has general jurisdiction over civil matters in New York State?
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Wrong!
The New York Supreme Court is the court of general jurisdiction, meaning it can hear almost any type of case, including civil matters.
Under New York law, when must a defendant respond to a summons and complaint?
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Wrong!
A defendant must respond to a summons and complaint within 30 days of service in New York.
What is the purpose of a motion to dismiss for failure to state a cause of action under New York Civil Practice Law and Rules (CPLR) 3211(a)(7)?
Correct!
Wrong!
A motion to dismiss for failure to state a cause of action argues that even if all the facts in the complaint are true, they do not amount to a legal claim.