FREE NY Bar Civil Procedure Questions and Answers
Under New York law, when must a defendant respond to a summons and complaint?
Correct!
Wrong!
A defendant must respond to a summons and complaint within 30 days of service in New York.
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.
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.
What is the standard of proof required in civil cases in New York?
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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 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)?
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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.