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Court Clerk Exam > FCA 3 > Flashcards

FCA 3 Flashcards

1
Q

FCA 301.2 Designated Class A felonies are: murder 1 & 2 degree, arson 1 degree,____ and____

A

kidnapping 1st degree…sexually motivated felony

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2
Q

FCA 302.2 Statute of limitations for JD misdemeanors is 2 yrs or up to respondents ____ birthday, whichever occurs earlier.

A

18th

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3
Q

FCA 302.2 S/L for JD designated felonies is 5 years or respondent’s____birthday, whichever occurs earlier.

A

20th

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4
Q

FCA 302.3 Venue in JD proceeding is________

A

county in which acts allegedly occurred.

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5
Q

FCA 304.1 The detention of a child under___ years of age in a secure facility shall not be directed under any provisions of the FCA.

A

13 (UNLESS CHILD IS AT LEAST 10 AND IS CONSIDERED A JUVENILE DELINQUENT

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6
Q

FCA 306.1 Fingerprints of JD must be taken if 12 or older and charged with___

A

A or B felony (and if 13 or older, charged with C, D, or E felony)

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7
Q

FCA 306.2 Upon receipt of fingerprint report from DCJS, the receiving office or agency must give 2 copies to FC and 2 copies to ______

A

presentment agency
(who will give 1 copy to respondent or his attorney)

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8
Q

FCA 307.1 After issuance of an appearance ticket for a______(type of offense), the appearance time is within no later than 72 hours (excluding Sat., Sun., holidays) after issuance.

A

designated felony

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9
Q

FCA 307.1 After issuance of an appearance ticket for _______ (type of offense), the appearance time is within no later than 14 days after issuance.

A

other than a designated felony

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10
Q

FCA 310.1 Who can originate a JD proceeding?

A

only a presentment agency

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11
Q

FCA 312.1 JD summons and petition must be served at least_______before the hearing.

A

24 hours

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12
Q

FCA 320.2 If respondent is detained, initial appearance must be no later than 72 hrs. after filing petition, or_____

A

next day court is in session, whichever is sooner.

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13
Q

FCA 320.2 If respondent is not detained, initial appearance must be not later than____after petition is filed.

A

10 days

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14
Q

FCA 332.2 Generally, pre-trial motions in JD proceeding must be served within ____ days after initial appearance and before fact finding hearing.

A

30 days

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15
Q

FCA 342.2 At fact-finding hearing (JD) evidence must be:

A

material, relevant, & competent (CRAM)

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16
Q

FCA 342.2 Evidentiary standard at fact-finding hearing (JD) is______

A

proof beyond a reasonable doubt

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17
Q

FCA 350.1 If respondent is detained and not been found to have committed a designated felony, dispositional hearing must be held not more than ____ days after entry of fact-finding order

A

10

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18
Q

FCA 350.1 In all other cases, the dispositional hearing must be not later than____ days after the fact-finding order.

A

50

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19
Q

FCA 350.3 Dispositional hearing (JD) evidence and evidentiary standard are:______

A

material and relevant and preponderance of the evidence. ( at dispo hearing you drop “competent” evidence).

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20
Q

FCA 353.1 JD conditional discharge maximum period is______

A

1 year

21
Q

FCA 353.2 JD maximum probation is_______

A

2 years (can be extended for 1 more yr)

22
Q

FCA 353.3 Maximum period of placement for JD is: _____felony and _____for a misdemeanor

A

18 months, 12 months

23
Q

FCA 353.5 Restrictive placement (designated class A felony) shall be for a period of ____ yrs.

A

5 (and initially confined in a secure facility for 12 - 18 months).

24
Q

FCA 353.6 Maximum JD restitution is _____

A

$1500

25
Q

FCA 322.1 T/F? At any proceeding under this article, the court must issue an order that the respondent be examined (by two qualified psychiatric examiners) when it is of the opinion that there is probable cause to believe that he is an incapacitated person.

A

true

26
Q

FCA 332.2 Generally, all pre-trial motions shall be filed within _____ days after initial appearance and before fact-finding hearing commences (or within 30 days of initial appearance of attorney for respondent).

A

30

27
Q

FCA 341.1 T/F? The general public may be excluded (at the discretion of the judge) from any proceeding under this article.

A

True

28
Q

FCA 343.1 Unless court deems otherwise, generally witnesses more than___years of age testify under oath. Under___years of age testify without taking oath (unless court finds that child understands the oath).

A

9…9

29
Q

FCA 351.1 Following a designated felony act fact-finding and prior to the dispositional hearing, the court shall order a probation investigation and a_____assessment.

A

Diagnostic

30
Q

FCA 351.1 T/F? Following finding that JD committed a crime and prior to the dispositional hearing the court shall order a probation investigation, and shall order a diagnostic assessment.

A

False. MAY order diagnostic assessment

31
Q

FCA 355.3 A petition for extension of placement shall be filed at least_____days prior to the expiration of the period of placement, except for good cause shown, but in no event after original placement expiration date.

A

60

32
Q

FCA 355.5 After a child is placed with the commissioner of social services or office of children and family services for a period of_____months or more, an initial permanency hearing must be held no later than ___months after respondent entered foster care.

A

12….12

33
Q

Choose best answer: A proceeding where the alleged charge is____, must be commenced within statute of limitations or respondent’s 20th birthday, whichever occurs earlier. A. a misdemeanor
B. a misdemeanor or felony other than designated felony C. a designated felony
D. felony or designated felony

A

C (FCA 302.2)

34
Q

JD proceedings shall be originated in: A. the county where the JD lives. B. the county where the JD lives or is domiciled. C. the county or adjoining county where the alleged acts occurred. D. None of the above.

A

D (FCA 302.3)

35
Q

A JD____be fingerprinted if he has committed an A or B felony and he is____or older.
A. shall ….. 12
B. may……11
C. shall ….. 7
D. may……10

A

A (FCA 306.1)

36
Q

At a JD dispositional hearing the evidentiary standard is: A. preponderance of the evidence.
B. proof beyond .a reasonable doubt
C. reasonable evidence.
D. fair and reasonable evidence.

A

A (FCA 350.3)

37
Q

A JD summons and petitions must be served at least___before the time stated for appearance.
A. 24 hours B. 1 day C. 72 hours D. 3 days

A

A (FCA 312.1)

38
Q

In a JD proceeding pre-trial motions shall be served within___days after initial appearance and prior to fact finding hearing.
A.2 B. 7 C.20 D. none of the above.

A

D (FCA 332.2)

39
Q

Restitution in a JD proceeding in a maximum amount up to can be ordered by the court.
A. $ 1,000.00 B. $ 3,000.00
C. $10.000.00 D. None of the above.

A

D (FCA 353.6)

40
Q

As of 10-1-18 A motion to seal a JD file after a finding cannot be made until the respondent has reached his birthday.
A. 10th C. 17th B. 14th D. 18th

A

C (FCA 375.2) effective 10-1-18 ALSO, BEGINNING 10-1-19 Respondent’s 18th birthday.

41
Q

JUVENILE DELINQUENT means a person at least 12 and less than 18 years of age who, having committed an act that would constitute a crime if committed by an adult, 1. is not criminally responsible for such conduct by reason of infancy, or 2. is the
defendant in an action ordered removed from a CC to the FC pursuant to CPL 725

A. I only is correct C. both 1 & 2 are correct. B. 2 only is correct D. neither 1 or 2 is correct

A

C (FCA 301.2)

42
Q

A permanency hearing is a hearing to: 1. review foster care status of respondent 2. appropriateness of the permanency plan developed by the comm. of social services or the office of children & family services.
A.Only statement 1 is correct
B.Only statement 2 is correct
C.Both statement 1 & 2 are incorrect.
D. Both statement 1 & 2 are correct

A

D (FCA 301.2)

43
Q

Which is not correct? On application by presentment agency, court may issue a TOP against Respondent:
A. on notice only
B. at any time after a juvenile is taken into custody
C. upon the issuance of an appearance ticket D. upon filing of a petition

A

A. (FCA 304.2)

44
Q

Which of the following choices is not correct? The issuing person or agency shall forward a copy of the FC appearance ticket within 24 hours to:
A. complainant
B. respondent
C. respondent’s parent
D. DCJS

A

D (FCA 307.1)

45
Q

Upon application by the presentment agency, the court may issue TOP against respondent: 1. ex parte or on notice, or 2. at any time after a juvenile is taken into custody, or 3. upon the issuance of an appearance ticket, or 4. upon filing of a petition.
A. Only statements 1, 2 & 4 are correct.
B. Only statements 2, 3 & 4 are correct.
C. Only statements 1, 2 & 3 are correct.
D. Statements 1, 2, 3 & 4 are all correct.

A

D (FCA 304.2

46
Q

A JD petition must charge at least one crime and must contain which of the following?
1. name of FC in which filed
2. title of action
3. fact that respondent is under 16 at time of alleged acts 4. signature of assigned FC judge

A. Only statements 1, 2 & 4 are correct.
B. Only statements 2, 3 & 4 are correct.
C. Only statements 1, 2 and 3 are correct.
D. Statements 1, 2, 3 and 4 are all correct.

A

C (FCA 311.1)

47
Q

Which of the following choices are correct? At a JD fact-finding hearing:
1. Court SHALL permit parties to deliver opening addresses 2. Presentment agency MUST offer evidence.
3. Respondent MAY offer evidence.
4. Presentment agency MAY offer rebuttal evidence.

A. Only statements 1 and 2 correct.
B. Only statements 1, 2, and 3 are correct
C. Only statements 2, 3 and 4 are correct.
D. All 4 statements are correct.

A

D (FCA 342.1)

48
Q

Court may not revoke an order of probation or conditional discharge unless:
1. court finds that respondent violated condition
2. respondent has had an opportunity to be heard

A. 1 only
B. 2 only
C. both 1& 2
D. neither 1 nor 2

A

C (FCA 360.3

49
Q

Appeal to appropriate appellate division may be taken as of right by respondent from any order of disposition. However, appeal to appropriate appellate division may be taken as of right by presentment agency only from:
1. an order dismissing a petition prior to the commencement of a fact-finding hearing,
2. an order of
disposition, but only on the ground that such order was invalid as a matter of law, and
3. an order suppressing evidence entered before commencement of fact-finding hearing.

A. Only 1 is correct.
B. Only 2 is correct.
C. Only 1 and 2 are correct.
D. All 3 correct.

A

D (FCA 365.1)

Court Clerk Exam (47 decks)

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