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Family Court Act > Article 1 > Flashcards

Article 1 Flashcards

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1
Q

T/F

The jurisdiction of the FC limits the jurisdiction of the Supreme Court as set forth in the NYS constitution

A

False. It does not limit or impair the Supreme Court jurisdiction

FCA 114

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2
Q

T/F

The FC has exclusive original jurisdiction over abuse and neglect proceedings

A

True.

FCA 115

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3
Q

Does FC have any powers in habeas corpus?

A

Yes it does

FCA 115

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4
Q

T/F

The FC does not have exclusive original jurisdiction over juvenile delinquency proceedings.

A

False. FC has exclusive original jurisdiction

FCA 115

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5
Q

T/F

FC judge may dispense with formality of placing a minor under oath

A

True.

FCA 152

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6
Q

When may a FC warrant of arrest be executed?

A

24/7

FCA 153-a

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7
Q

A counterclaim in a proceeding requesting an OP, must be filed at least _____ days before hearing for the counterclaim to be heard on the hearing date

A

5 days

FCA 154-b

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8
Q

If a LCC issues an OP returnable in FC, the matter must be returnable the next day that FC is in session (but in no event more than ____ calendar days after the issuance of the order)

A

4 calendar

FCA 154-d

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9
Q

If an adult is arrested under FC act and court is not in session, adult must be taken to ______

A

The most accessible magistrate to be arraigned.

FCA 155

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10
Q

Protective custody of material witness under 16 cannot extend more than __ days without renewal.

A

14

FCA 158

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11
Q

The maximum period (including extensions) of custody of a material witness under 16 is __ days

A

42

FCA 158

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12
Q

T/F

A FC order may be enforced only in county where order was made.

A

False. It may be enforce or modified in any county where party by order lives or is found.

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13
Q

T/F

FC of one county must dismiss proceeding if venue is wrong

A

False. The FC shall transfer a proceeding to any county where it
may have originated

FCA 174

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14
Q

Violation of probation proceeding may be heard in county where order was made or _____

A

County where violation occurs.

FCA 175

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15
Q

In which counties is a child abuse part established?

A

In every county of NYS

FCA 117a

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16
Q

T/F

The FC has exclusive original jurisdiction over family offenses

A

False. The FC has concurrent jurisdiction with Criminal court.

FCA 175

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17
Q

Designated felony parts are established in which counties?

A

In NYC

FCA 117a

18
Q

T/F

A “duly authorized agency” may be a foreign corporation that has a place of business in NYS.

A

False.

FCA 119

19
Q

An “infant” or “minor” is a person who has attained the age of ___.

A

18

FCA 119

20
Q

A FC judge may:

  1. Administer oaths
  2. Take acknowledgements
  3. Designate an official to administer oaths and take acknowledgments
  4. ___________________
A

Dispense with the formality of placing a minor under oath

FCA 152

21
Q

A person requesting a TOP is entitled to file petition on the same day, and a hearing on the request shall be held the same day or ________.

A

Next day the court is in session.

FCA 153-c

22
Q

In every FC proceeding a copy of the petition must be served on respondent at time of service of process or, if that is not practicable, at the ________.

A

First court appearance of respondent

FCA 154-a

23
Q

T/F

FC records are open to the public

A

False. FC records shall NOT be open to public inspection. However, the court may permit inspection of any papers or records. Any authorized agency, association, society or institution to which a child is committed may cause an inspection of record.
FCA 166

24
Q

Which of the following choices is not correct? A “duly authorized association, agency, society or institution” means
A. An incorporated (NYS) society for the prevention of cruelty to
children
B. Any institution supported or controlled by NYS or subdivision
C. Any public welfare official
D. An association, agency, society, or institution empowered to care for
children which 1) is incorporated by NYS law, 2) has place of
business or home in NYS, 3) is approved, visited, inspected and
supervised by NYS department of social services, or consents to
approval, visitation, inspection, and supervision of the department.

A

C. Any public welfare official

FCA 119

25
Q

Which of the following four powers are correct? A FC judge may:
1. Administer oaths
2. Take acknowledgments
3. Designate an official to administer oaths and take
acknowledgments
4. Dispense with the formality of placing a minor under oath
A. All are correct
B. Only 1, 2 and 3 are correct
C. Only 1, 3 and 4
D. Only 1, 2 and 4

A

A. All are correct

FCA 151

26
Q

Which of the following is false? A FC judge:
A. May issue a warrant of arrest
B. May administer oaths & take acknowledgments
C. May issue a subpoena
D. May not fix or accept bail

A

D. May not fix or accept bail.

A FC judge may fix or accept bail.

FCA 153

27
Q

Which of the following is correct?
A. A FC judge may not issue a subpoena
B. A FC may send process outside the state in paternity proceedings
C. A FC warrant of arrest may not be executed on legal holidays
D. A FC judge may not take acknowledgments and administer oaths.

A

B. A FC may send process outside the state in paternity proceedings

FCA 154

28
Q 
FC can send process outside the state in \_\_\_\_\_\_ and \_\_\_\_\_ proceedings 
A. Family offense and JD
B. support and JD
C. Paternity and PINS
D. Support and paternity
A

D. Support and paternity

FCA 154

29
Q

If a person seeks a TOP as part of any proceeding in the FC, the person must be allowed to file the petition the same day the person appears in FC, and the hearing must be held
A. Same day
B. Same day or next day
C. Same day or next day court is in session
D. Within 3 days of filing the petition.

A

C. Same day or next court day is in session

FCA 153-c

30
Q 
In a proceeding requesting an OP, a counterclaim must be served not less than \_\_ days before hearing if the counterclaim is to be heard on the date of the hearing
A. 1 days
B. 3 days 
C. 5 days 
D. 4 days
A

C. 5 days

FCA 154-b

31
Q

In which counties of NYS is the family court established?

A

In all 62 counties of NYS.

FCA 113

32
Q 
Choose the best answer. A lawful order of the FC of Kings county may be enforced in any other county:
A. New York City 
B. Adjoining the county of issuance
C. Where respondent resides
D. Where respondent resides or is found
A

D. Where respondent resides or is found

FCA 171

33
Q

Which of the following two statements are true?
1. FC records shall not be open to indiscriminate public
inspection
2. The court may in any case permit inspection of any papers or
records
A. 1 only is true
B. 2 only is true
C. Both 1 and 2 are true
D. Neither 1 nor 2 are true

A

C. Both 1 and 2 are true

FCA 166

34
Q

Which of the following 3 statements are correct?
1. Cash bail may be accepted by a desk officer at any time
within NYC
2. Cash bail may never be accepted by a desk officer
3. Cash bail may only be accepted by a desk officer if outside NYC
A. 1 only is correct
B. 2 only is correct
C. 3 only is correct
D. Neither 1 nor 2 nor 3 are correct

A

D. Neither 1 nor 2 nor 3 are correct

FCA 155-a

35
Q

The definition of a “duly authorized agency” includes an association, agency, society, or institution empowered to care for children which
1. Is incorporated by NYS law
2. Has place of business or home outside NYS
3. Is approved , visited, inspected and supervised by state
Department of social services, or consents to approval, visitation
inspection, and supervision of the department
A. Only 1 and 3 are correct
B. Only 1 and 2 are correct
C. Only 2 and 3 are correct
D. 1, 2 and 2 are all correct

A

A. Only 1 and 3 are correct

FCA 119

36
Q

In proceeding to establish paternity or establish, modify or enforce support, court may send process outside NYS in same manner and same force and effect as process sent as per CPLR 302 (Long Arm Statute), and FCA 5b (UIFSA: Uniformed Interstate Family Support Act), even if person is not resident or domiciliary, if:
1. Child was conceived in NYS
2. Child resides in NYS as result of actions of person to be served
3. Person has resided with child in NYS
4. Person filed with putative father registry (maintained by the
Department of Social Services
A. Only 1, 2 and 4 are correct
B. Only 1, 3 and 4 are correct
C. Only 2, 3 and 4 are correct
D. 1, 2, 3 and 4 are all correct

A

D. 1, 2, 3 and 4 are all correct

FCA 154b

37
Q

A LCC may on an ex parte basis issue a TOP pending a hearing in FC upon an affidavit that:
1. FC is in session
2. A family offense has been committed
3. A family offense petition has been filed or will be filed in FC next
day FC is in session
4. Shows good cause.
A. Only 1, 2 and 4 are correct
B. Only 1, 3 and 4 are correct
C. Only 2, 3 and 4 are correct
D. 1, 2, 3 and 4 are all correct

A

C. Only 2, 3 and 4 are correct

FCA 154-d

38
Q

A petitioner, upon appearing in a LCC for the issuance of a TOP in a family offense matter, shall be advised by the court that:
1. Petitioner may continue the proceeding in LCC (upon filing an
accusatory instrument)
2. Petitioner may continue the proceeding in FC
3. Petitioner may not continue the proceeding in both the LCC and
FC
A. Only 1 and 3 are correct
B. Only 1 and 2 are correct
C. Only 2 and 3 are correct
D. 1, 2, and 3 are all correct

A

B. Only 1 and 2 are correct

FCA 154-d

39
Q

The FC act applies:
A. In all criminal court proceedings
B. In all civil and criminal judicial proceedings
C. In every county in NYS
D. Only in counties with cities with a population greater than one million

A

C. In every county in NYS

FCA 112

40
Q

Which of the following is false?
A. A minor shall mean a person who has not attained the age of
18
B. A child abuse part is established in every FC
C. An infant shall mean a person who has not attained the age of 18
D. A designated felony part is established only in counties outside the
city of New York

A

D. A designated felony part is established only in counties outside of the city of New York

FCA 117

41
Q 
Which of the following is not correct? The FC has exclusive original jurisdiction over the following proceedings:
A. Abuse
B. Support 
C. Paternity
D. Habeas corpus
A

D. Habeas corpus

FCA 115

42
Q 
The FC has concurrent jurisdiction with the criminal court over all family offenses as defined in article 8 of the \_\_\_\_\_\_\_\_.
A. CPL
B. CPLR 
C. SCPA
D. FCA
A

D. FCA

FCA 115

Family Court Act (21 decks)

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