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2014 AOC Review > 2014 Orientation & Introduction > Flashcards

2014 Orientation & Introduction Flashcards

1
Q

Name the three branches of government and what they do?

A

Legislative - creates and votes on new laws
Executive - manages and directs
Judicial - decides cases according to law

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2
Q

The two people who make up the Executive component in the MC are

A

MC judge and MC administrator

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3
Q

The public defender is what branch of the govt?

A

Executive

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4
Q

Everything we do in the MC must be found in these five forms of documents.

A 
Statutes
Court rules
Directives
Case Law
Policy or procedures promulgated by the Superior Court of NJ
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5
Q

Court Rules are rules created by

A

The Supreme Court

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6
Q

R 7:8-8 requires all court proceedings to be recorded by sound recording equipment approved by the

A

AOC

kept for 5 years

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7
Q

What is the sequence of court cases on the calendar as per court R 7:14-3 as of September 1, 2011?

A 
1 request for adjournments
2 guilty pleas
3 pre-trial conference
4 uncontested motions
5 contested matters with atty
6 non-compliance with time payment issues
7 contested matters without atty
8 matters to be placed in the record
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8
Q

Name of Judiciary Core Values:

A

Independence
Integrity
Fairness
Quality of Service

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9
Q

What is the purpose of the Code of Conduct

A
  • Maintain Judicial independence
  • to ensure impartiality
  • to avoid impropriety and appearance of impropriety
  • to ensure public trust and confidence.
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10
Q

How often does an employee file a report for continual outside employment?

A

Annually by January 15

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11
Q

What does EEO/AA stand for?

A

Equal Employment Opportunity

Affirmative Action/Anti Discrimination

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12
Q

The victim of sexual harassment does not have to be the person harassed but could be anyone affected by the offensive conduct (indirect or third party sexual harassment or sexual favoritism) T/F

A

True

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13
Q

Name the two types of customers found in court?

A

Internal Customers

External customers

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14
Q

Why is the court staff not permitted to give legal advice?

A

We must be neutral, impartial and must not engage in unauthorized practice of law

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15
Q

What rule provides public records?

A

R 1:38

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16
Q

The NJ Law Against Discrimination protects qualified individuals from discrimination based on these three categories of disabilities:

A

Physical Disabilities
non-physical disabilities
HIV or AIDS

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17
Q

Under the ADA, who is responsible for helping an individual complete and file an accommodation report?

A

Court staff - ADA Coordinator

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18
Q

Who do you report a work place violence incident to in the MC?

A

the court administrator

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19
Q

What are the three views or lenses when referring to diversity?

A

Knowledge
Perspective
Experience

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20
Q

Once appointed, how long is the MC judge’s term?

A

3 years

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21
Q

The system of dividing the powers and duties of a government into different branches which is controlled by a system of checks and balances is known as

A

separation of powers

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22
Q

No warrant without probable cause, right to bail, no excess bail, no excessive fines, no cruel and unusual punishment, speedy and public trial by impartial jury and grand jury on all crimes are all rights that are ensured by the ______

A

US Constitution

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23
Q

Protection of private rights through regular administration according to prescribed rules, processes, and forms is called _______

A

Due Process

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24
Q

The NJ Supreme Court is NJ highest court? T/F

A

True

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25
Q

Name SEVEN required postings every municipal court must have

A 
1  Statewide Violations Bureau schedule
2 local violations bureau schedule
3 court seal
4 "welcome to NJ courts"
5 " MC of the state of NJ - your day in court'
6 Notice to the deaf and hard of hearing
7 EEO/AA posters
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26
Q

What three parts of the NJ rules of Court do we use/

A

Part I - general application
Part III - criminal practices - indictable offenses
Part VII - Municipal Courts - non-indictables

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27
Q

What is the definition of a Directive?

A

A requirement, usually providing procedural direction, promulgated by the Administrative Director of the Courts

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28
Q

What is Case Law?

A

Law that is created by the court not Legislature

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29
Q

_______ is the energy that fuels your thoughts, feelings, and actions based on the difference between your expectation sand your perceptions (our definition of reality) of a given situation

A

Attitude

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30
Q

Name the attitudes of these three types of people
Spectator
Critics
Players

A 
Spectator = Neutral
Critic = negative
Players = positive
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31
Q

Can a police officer determine probable cause?

A

yes on a UTT, SC and CDR1 when the officer is the complaining witness

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32
Q

types of charging documents

A

UTT PATS SC CDR1 CDR2 ECDR eticket

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33
Q

What are two forms of process?

A

summons and warrant

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34
Q

What do we call the initial court date that the defendant has to contact the court?

A

return date

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35
Q

A ticket is scheduled for court if

A
  • the offense is not on the violation bureau schedule
  • a plea of not guilty is received
  • law enforcement checks court appearance required
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36
Q

Forms that need to me completed when guilty finding on a DWI?

A

IDRC

Notice of Conviction

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37
Q

Time limit to file an appeal is

A

20 days including holidays and weekends

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38
Q

To determine probable cause a person of reasonable caution finds

A
  • that an offense has been committed and

that the person being accused committed the offense

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39
Q

What process is done when we determine probable cause?

A

Issue process

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40
Q

Before providing copies or allowing an individual to inspect a court file what should the court staff request?

A

the completion of the NJ judiciary records request form

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41
Q

What are the two parts of a charging document?

A

Complaint (top)

Form of process (bottom)(summons or warrant)

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42
Q

Who determines judicial Probable Cause

A

judge or

CA or Deputy CA IF authorized

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43
Q

What is an abstract?

A

a record of an individuals driving record

44
Q

What types of violations cannot go on a special form of complaint?

A

Domestic violence
indictable complaints
DP/PDP related to indictable

45
Q

the written statement of facts alleging that an offense has been committed and that the defendant committed it. the complaint should have

A

who, what, where, when and how

46
Q

How many signatures are needed for an oath

A

2

47
Q

How many signatures are needed for certification

A

1

48
Q

What part of the CDR is completed when you accept a complaint

A

top

49
Q

When referring to a special for of complaint NO BIRD stands for what/

A 
NO
Bail 
Indictable 
Related indictable 
Domestic Violence
50
Q

Can you do a plea agreement on any of the following?
2c:35-10a(4) poss of marijuana or hashish
2C:35-10b under the influence of CDS
2C:36-2 Drug paraphernalia

A

NO

51
Q

When is service by ordinary mail the same as personal service

A

Only if the defendant contacts the courrt

52
Q

What is simultaneous mailing and when is it perfected?

A

is when mail is sent certified and ordinary

perfected if ordinary mail is not returned or if cert mail is returned “unclaimed” or “refused’

53
Q

Bail must be set no later than ___ after the arrest

A

12 hrs

54
Q

Only the judge can issue a telephonic warrant. the Judge must sign the complaint within

A

48 hrs

55
Q

a defendant must have bail hearing within

A

72 hrs

56
Q

accept for filing means

A

to complete the complaint section of the complaint form

57
Q

Indictable complaints must be transferred within

A

48 hrs

58
Q

An alternative was to resolve disputes

A

mediation

Complementary Dispute Resolution

59
Q

a mediator must complete — hrs of training

A

18

60
Q

one day is equal to how many hours of community service?

A

6 hrs

61
Q

The statewide violations bureau schedule includes every state statute T/F

A

False only the non-indictable state payable violations

62
Q

How many month supply of UTT should be ordered at one time/

A

3 months

63
Q

Name the four ticket control reports

A

tickets assigned but not issued
Tickets issued but not assigned
Tickets void/spoiled
ticket delete report

64
Q

A ticket that is signed my be voided or dismissed T/F

A

False - signed tickets must be dismissed

65
Q

If a parking ticket is contested, the officer that issued the ticket must be there T/F

A

False a contested parking ticket has prima facia - or face value of the ticket is sufficient information for the judge

66
Q

What are the SIX title 39 violations that should be entered as moving but are mistakenly entered as parking tickets

A

39: 3-4 failure to register
39: 4-53 leaving vehicle with engine running
39: 4-56.1 Willfully casing a vehicle to become disabled; abandonment of vehicle on a public hwy
39: 4-56.5 Abandonment of MV
39: 4-56.6 Abandonment of MV on private property
39: 8-1 Failure to inspect MV

67
Q

The standard policy for data entry of local police traffic tickets s how many days from issuance?

A

4 days

68
Q

The standard policy for data entry of state police traffic tickets is how many days from issuance?

A

7 days

69
Q

Unless otherwise specific in bail schedule 2 10% bail may be posted on any municipal court matter T/F

A

True

70
Q

The bail registry is maintained by

A

The clerk of the Superior Court

71
Q

When bail is refunded, what should you mark on the recognizance?

A

The date of discharged

72
Q

all out of town bail should be processed in ?

A

ATS

73
Q

What is to be accessed before a bail bond is accepted, to determine if the bonding company is in good standing/

A

Bail Bond Registry

74
Q

What is the purpose of Bail?

A

To insure that the defendant will appear at every stage of the proceedings

75
Q

What are the steps that should be taken when processing unidentified money?

A
  • Make a copy of the check or MO
  • enter the payment using Misc payment in ACR with GE code
  • Attach payment envelope and copy of check to daily general account journal
76
Q

Monies collected by the MC should be deposited within how many hours

A

48 hrs

77
Q

When are manual receipts used?

A

If ATC/ACS is down

when posting traffic bail

78
Q

What are the two types of bonds/insurance policies used to protect MC personnel?

A

Individual Bond and Blanket bond

79
Q

Public Defender fees, public record request fees and unidentified monies should be processed in _______

A

Criminal (ACS) misc payment screen

80
Q

What code should be used when entering an over payment in ATS

A

OP

81
Q

MC may charge defendants a bad check fee and a contempt fee T/F

A

False

82
Q

During the proceeding of a court session, it is acceptable to take payment on the bench. T/F

A

False no payment sin the court room appearance of impropriety

83
Q

r.7:14-4(e) states that disbursements shall be made by the ___ of each month

A

15th

84
Q

The coordination and creation of court events so that cases move to disposition in a timely process is called

A

Case Management

85
Q

When does case management begin?

A

When complaint is issued

86
Q

All active cases over ______ days from issue date are said to be in ___________

A

60 days/backlog

87
Q

In case Management, when does the clock stop?

A

DISP TPAY CLOS DSUS RSUS WARR

TRAN to 0089 only

88
Q

In case management, when does the clock never stop?

A

HELD RSTR TRAF RWAR EWAR

TRAN to other than 0089

89
Q

According to R. 3:28-8(a) if the applicant of an appeal is found indigent, the court shall order the transcript of the proceedings furnished by whose expense?

A

the county if violation is a statute

the municipality if violation is an ordinance

90
Q

What are the positions of the microphones for court proceedings?

A

1 judge
2 Witness
3 Prosecutor
4 Defendant

91
Q

What is the responsibility of the Judge during court session?

A
  • responsible for the record
  • maintain order
  • announce the start of the session
  • Place an opening statement on the record
  • Call each case by name
  • Have everyone identify themselves (atty, witness, PO)
  • remind participants to speak clearly
92
Q

What are the responsibilities of the sound recording operator during court session?

A

-Recording of proceedings
- communicate with the judge
-Test equipment
- maintain log
listen for delayed recording on FTR
Monitor the record

93
Q

How do you perform a test of the sound recording equipment?

A

Walk to each microphone
Tap each microphone
Identify location
Playback test ( to ensure recording properly)

94
Q 
What do the following mean
DEX
XEX
RDEX
RCEX
A

DEX Direct examination
XEX cross examination
RDEX redirect examination
RCEX re-cross examination

95
Q

A check for a transcript deposits are made out to the court and deposited into the general account. T/F

A

False.

check made out directly to the transcript company

96
Q

What do the following stand for?

JMC AOC CMCA PJMC UTT MVC ATS ACS

A

Judge of MC Admin of the court
Certified MC Admin Presiding Judge MC
Uniform Traffic Ticket Motor Vehicle Comm
Automated traffic System Automated Criminal System

97
Q

Prosecutor must provide discovery

A

10 days

98
Q

Reciprocate for discovery

A

20 days

99
Q

Time for adjournments

A

14 days

100
Q

Return date for tickets

A

5 days

101
Q

Complaint must be served

A

30 days

102
Q

Tickets closed out ____ days after FTA

A

30 days

103
Q

Complaint must be dismissed if not served

A

45 days

104
Q

DWI must be adjudicated

A

60 days

105
Q

Goal for all cases to be disposed

A

60 days

106
Q

Parking tickets with follow up incomplete must be dismissed with in

A

3 years

2014 AOC Review (5 decks)

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