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2014 AOC Review > 2014 Advanced > Flashcards

2014 Advanced Flashcards

1
Q

The municipal court is established under which 2B?

A

2B:12-1

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2
Q

Any Court Administrator or Deputy of a MC may exercise the power of the court to administer oaths for complaints filed with the MC and issue warrants and summons, T/F

A

False

Only when authorized

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3
Q

By statute, ever MC must have a Court Administrator. T/F

A

True

2B:12-10

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4
Q

Which 2B is the Certification of Municipal Court Administrators?

A

2B:12-11

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5
Q

How does a Joint Municipal Court differ from a shared Municipal Court?

A

Joint is like a marriage - two or more merge into ONE court, same name same bank account and user ID’s

Shared - living together - two or more municipalities share the same facility, identities remain the same, separate bank accts and user ID’s. May appoint separate Judges and CA

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6
Q

According to R1:34-2, MC admin shall be responsible to and under the supervision of whom?

A

MC Judge
Assignment judge
Admin Director of the courts

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7
Q

How many cannons are there in the Code of Conduct for Judiciary Employees?

A

8 cannons

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8
Q

If a court session is expected to extend past midnight, approval is need from whom?

A

the Assignment Judge

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9
Q

Name two types of jurisdiction

A

Territorial and subject matter

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10
Q

What is territorial Jurisdiction?

A

Jurisdiction cases in a limited geographical region

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11
Q

What is Subject Matter Jurisdiction?

A

Offenses specified by legislation to be heard in the MC

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12
Q

MC is known as what type of jurisdiction?

A

limited Jurisdiction

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13
Q

Offenses are determined by Indictable, DP or PDP by what condition?

A

Jail term

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14
Q

New law in 2006 regarding offenses with serious bodily injury/death, states that cases must be forwarded to what court?

A

Superior Court

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15
Q

Name the exception regarding Territorial Jurisdiction when filing a complaint.

A

Domestic Violence

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16
Q

What is state v Paserchia deal with?

A

State Law supersedes local ordinances

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17
Q

Name penalty enforcement agencies (6)

A 
weights and measures
certain fish and game
certain SPCA
bus safety compliance
clean diesel fuel act
MV inspection
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18
Q

what is the term called when a state statute supersedes a local ordinance?

A

preemption

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19
Q

What type of Juvenile cases can be heard in the MC?

A 
title 39
power vessels
Curfew violations
Smoking
Truancy
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20
Q

A MC judge has limited territorial jurisdiction. T/F

A

True

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21
Q

as of January 5, 2006. the maximum fine a municipality may impose for a first time violation of a municipal ordinance is $2,000 T/F

A

True

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22
Q

What is Express Authority?

A

Written in Law

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23
Q

What are the six types of subject matter? (heard in MC)

A 
DP/PDP
county or Municipal Ordinance
MV and traffic laws
Boating
Fish and Game
Penalty enforcement Actions
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24
Q

Court costs can not exceed

A

$33

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25
Q

What confidential personal identifiers must be redacted before release? (6)

A 
SS number
DL number
Vehicle License plate number
Insurance policy
Active financial account numbers
active credit card numbers
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26
Q

According to R.1:38, any records involving children are open to the public T/F

A

False

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27
Q

What is issue process?

A

To make a determination of probable cause and issue the complaint by means of a summons or warrant

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28
Q

Name three ways a complaint may be served.

A
  • personal service
  • ordinary mail
  • simultaneous mailing
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29
Q

An application to Establish Indigency must be completed for what?

A

Public Defender and Tpays

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30
Q

Traffic Matter are eligible for dismissal after ________
days if they remain unserved without postal verification or proof of mail at the address that is provided by the prosecutor or complaining witness.

A

45 days

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31
Q

Who may issue a subpoena?

A
  • Judicial Officer
  • Attny in the name of the Court Administrator
  • Law enforcement officer
  • Other authorized person
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32
Q

A subpoena may require the production of books, paper, documents, electronically stored information or other items on the date of the scheduled court appearance is called what type of subpoena?

A

Subpoena to produce documents or electronically stored information
Was Subpoena Duces Takem

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33
Q

A Subpoena may be served where and by whom?

A

Any person within the State of NJ

A person over the age of 18

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34
Q

A person who receives a subpoena and fails to appear for court may be subject to a contempt of court. T/F

A

true

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35
Q

After service of a subpoena, the person serving the subpoena shall do what?

A

promptly file a copy of the subpoena and proof of service with the court

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36
Q

Do you have to reissue subpoenas every time the case is rescheduled for court?

A

No

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37
Q

A Court Administrator can issue a subpoena for internet records as long as the case is being heard in the MC. T/F

A

False

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38
Q

Public Defender Fees should be placed on a time payment order if a defendant cannot pay the entire fee assessed. T/F

A

False

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39
Q

As a general rule, the records of the MC are open to public inspection, subject to exclusions specified in the confidentiality of court record rule 1:38. T/F

A

False

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40
Q

If a complaining witness does not have the defendants name, the court may refuse to take the complaint. T/F

A

False - must accept all complaints for filing

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41
Q

The court expenditures of DWI & POAA funds require pre-approval from ?

A

Memo 5/18/2009 - requires pre-approval of the assignment Judge

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42
Q

How many versions are there for the Complaint Information Form (when filling out a private citizen complaint)?

A

Two - non-domestic violence and Domestic violence

43
Q

Rule 7:2-1(b) states “the municipal court administrator or deputy court administrator shall accept for filing every complaint by any person” T/F

A

True

44
Q

The Court Administrator or Deputy can accept for filing and may issue a complaint if the complaining witness is 15 years of age. T/F

A

True

45
Q

What is probable cause?

A

a set of facts that would lead a person of reasonable caution to believe that an offense has been committed and that the person being accused committed the offense

46
Q

What is Consequences of Magnitude?

A
  • any sentence with imprisonment
  • any period of loss of Drivers license
  • any money sanction over $750 ($800)
47
Q

A summons made by a code enforcement officer charging any offense within the scope of their authority and territorial jurisdiction may be issued without a finding by judicial officer of probable cause of issuance. T/F

A

True

48
Q

Can an indictable and a non-indictable offense be on the same CDR?

A

yes but only in specific cased involving DV

49
Q

What is an emancipated minor?

A

A person under the age of 18 who is or has been married, entered military service, has a child or is pregnant or has bee n previous declared by a court or administrative agency to be emancipated

50
Q

What is a TRO?

A

Temporary restraining order granting emergency relief for the protection of a victim under the Prevention of Domestic Violence Act (PDVA)

51
Q

The oath or certification portion is considered part of the complaint portion of a charging document? T/F

A

True

52
Q

When a MCJ issues a telephonic warrant the applicant shall deliver to the Judge either in person or via fax, the signed CDR-2 and supporting affidavit within ____ hrs

A

48 hrs

53
Q

Name the offense which require a mandatory warrant R.3:3-1(c)(1) - there are 11

A
  • Murder
  • Kidnapping
  • Aggravated manslaughter, manslaughter
  • Robbery
  • Aggravated Sexual assault, Sexual assault, sexual contact and aggravated sexual contact
  • 2nd degree aggravated assault
  • Aggravate arson, arson
  • Burglary
  • 1st or 2nd degree drug crimes
  • Any crime involving poss of firearm
  • Any conspiracy or attempts of the above listed offenses
54
Q

A Summons rather than a Warrant shall be issued unless a judicial officer finds: R.7;2-2(b) There are 6

A
  • Previous FTA
  • Danger to self and others, and/or property
  • Other outstanding warrants
  • No known address
  • Defendant cannot be satisfactorily identified
  • Other reasons to believe the defendant will FTA
55
Q

What are the factors to consider when setting bail? R.3:26-1, R.7;4-1 There are 8

A
  • Seriousness of the crime
  • Defendant’s criminal record or previous record of bail
  • Defendant’s reputation and mental condition
  • Length of residence in community
  • Family ties and relationships
  • Employment status and financial condition
  • Responsible people who will vouch for the defendant
  • Any other factors indicating mode of life, ties to the community or bearing on whether defendant will fail to appear and general policy against unnecessary detention.
56
Q

All Civilian cases may be referred to mediation if the judge so orders. T/F

A

False not if any of the following applies: serious injury, repeated acts of violence between parties, clearly emotionally disturbed individuals, If parties have actions in superior court, matters arising from Prevention of DV Act, Title 39, penalty enforcement actions.

57
Q

When referring to domestic violence, a victim is defined as :

A

1 an adult or emancipated minor subject to DV by spouse or former spouse, past or present household member
2. regardless of age, subject to DV by a person with whom they have/expecting a child with or have a dating relationship with

58
Q

When referring to DV, a victim may apply for “relief” where?

A

Where the act allegedly occurred
Where the defendant resides
Where the victim resides
Where the victim is sheltered

59
Q

If a DV victim goes to TOWN A for relief but the offense occurred in TOWN B, which town is responsible for determining probable cause and setting bail if the victim DOES NOT want a TRO?

A

TOWN B

Where the offense occurred

60
Q

If a DV victim goes to TOWN a for relief but the offense occurred in TOWN B, which town is responsible for determining probable cause and setting bail if the victim DOES want a TRO?

A

TOWN A

Victim’s safety is the concern

61
Q

May a domestic Violence defendant be under the age of 18?

A

Only when emancipated

62
Q

A person convicted of an act of Domestic Violence shall be subject to a surcharge of what amount?

A

$100

63
Q

What are the procedures and guidelines for the use of a temporary DL? there are 6

A
  • retain in a secure location
  • temporary DL is approved judge
  • expiration date is completed in letters and numbers to avoid alteration
  • Max 6 hrs
  • signed by judge only
  • Permit number is entered on back of ticket and on disposition screen.
64
Q

Bail directive #9-05 states that MC use which bail schedule?

A

Bail Schedule 2

65
Q

All indictable charges must be on a warrant T/F

A

False

66
Q

A person who has been sentenced to one day in jail can serve this time in the court room if the judge orders? T/F

A

False

Court is not confinement

67
Q

All Judges must review a current Certified Driver Abstract from MVC before sentencing a defendant to 12:7-46, boating while intoxicated. T/F

A

True

Directive 10-04

68
Q

What corrections can court staff make on a UTT?

R.1:13-1 clerical mistakes

A

DL number, DL exp, State of DL, Spelling of def name, insert middle initial, Def DOB, Def eye code, Def sex

69
Q

What is the proper method to correct clerical errors on UTT?

A

use red ink, draw line through incorrect item, place correct info above or next to the error, date and initial correction

70
Q

What errors shall the court NOT correct?

A 
changing statue or ordinance number
date of offense
missing statue number
time of offense
officer signature
location of offense
71
Q

Name two types of charging documents used for traffic.

A

UTT and Special form of complaint

72
Q

Misuse of MVC access is a 4th degree crime. T/F

A

True

73
Q

Per Directive #02-08, a UTT may be voided in what circumstances?

A

Lost, superseded, Spoiled, Incomplete

74
Q

If a MC employee has any personal involvement in any MC case anywhere in the state, unless the matter is disposed of without any court appearance by paying through the violations bureau, that employee must immediately advise his or her Municipal Division Manager in writing. T/F and name directive

A

True

Directive #03-08

75
Q

When a case has been adjudicated, bail is returned to?

A

The surety

76
Q

When a defendant is release on his/her own recognizance, what is the monetary amount of bail used?

A

none - zero

77
Q

When cash bail is collected, what must be filled out?

A

Bail recognizance form and a numbered receipt

78
Q

When a bail has been forfeited, how many days does the surety have to present the defendant to court for reinstatement?

A

75 days

79
Q

No attorney at law, sheriff, sheriff’s deputy or other person concerned in the execution of process shall post bail in any action? T/F

A

True

2A:15-45

80
Q

Bail can be placed on a CDR-1 if the MC Judge feels it is necessary? T/F

A

False

81
Q

A bail receipt is the same as a bail recognizance for T/F

A

False

82
Q

Per Directive #09-05 only the judge can approve a monetary amount of bail to be set when defendant is being ROR. T/F

A

False - no monetary amount

83
Q

What is the amount of the filing fee when posting indictable bail?

A

$30

84
Q

More than one person can post bail for a defendant on the same charge T/F

A

True, but must use multiple bail recog forms

85
Q

If more than one person posts bail for a defendant on the same charge, one bail recognizance is completed. T/F

A

False - A separate recog for each surety

86
Q

According to directive #2-10, what penalties cannot be suspended?

A

RT- Restitution

UF - MVC surcharges for 39:4-97.2

87
Q

ATM machines may be located in the building by the courtroom for the convenience of the defendants. T/F

A

False - shows we are only looking for the money

88
Q

Which case states that the MC is “Separate and Independent”

A

Calligy c City of Hoboken

89
Q

DWI retention

A

15 years DWI

90
Q

Financial Retention

A

7 years for financial

91
Q

Criminal Retention

A

6 years for criminal

92
Q

Traffic retention

A

traffic 3 years with exceptions

93
Q

Sound recording retention

A

5 years for sound recordings

94
Q

Expungement retention

A

Permanent retention on expungements

95
Q

Court docket book retention

A

Permanent retention on court docket books

96
Q

Municipal prosecutor and public defenders salary should be added to the personnel cost of the municipal budget request T/F

A

False

97
Q

Name the 6 items priority list of emergency procedures

A

-docket new cases
- process and deposit monies
- perform post-court duties
- forward indicatable complaints to Prosecutor
establish court calendar
Carry-out routine procedures (FTAs, warrants, etc)

98
Q

The Supreme Court may authorize the exchange of information otherwise excluded from public access when the benefit such disclosure out weighs the need for confidentiality. T/F

A

True

99
Q

State v Dangerfield

A

(No respect)

use a special form of complaint

100
Q

Rodriguez v Rosenblatt

A

Public defender is available if an indigent defendant is facing consequences of magnitude

101
Q

State v Ruotolo

A

Judicial probable cause needed on warrants

102
Q

State v Debonis

A

indigent defendant is eligible for time payment

103
Q

State v Johnson

A

right to bail

104
Q

State v Buczkowski

A

complaint must be served within 30 days

2014 AOC Review (5 decks)

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