FCA Quiz 1 Flashcards
FCA 117 In which counties is a child abuse part established?
In every county of NYS
FCA 115 T/F? The FC has exclusive original jurisdiction over family offenses
False
FCA 117 Designated felony parts are established in which counties?
in the 5 NYC counties
FCA 119 T/F? A “duly authorized agency” may be a foreign corporation that has a place of business in NYS
False
FCA 119 An “infant” or “minor” is a person who has not attained the age of _________.
18
FCA 152 T/F? FC judge may dispense with formality of placing a minor under oath.
True
FCA 153-a. When may a FC warrant of arrest be executed
24/7 (any day of week, any hour of day or night
FCA 154-b A counterclaim in a proceeding requisition an OP, must be filed at least _________ days before hearing for the counterclaim to be heard on the hearing date.
5
FCA 154-d 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.)
4
FCA 155 If an adult is arrested under FC act and court is not in session, adult must be taken to ________.
most accessible magistrate ti be arraigned
FCA 158 Protective custody of material witness under 16 cannot extend more than ______ days without renewal.
14
FCA 158 The maximum period (including extensions) of custody of a material witness under 16 is _____ days
42
FCA 171 T/F? A FC order may be enforced only in county where order was made
False
FCA 174 T/F? FC of one county must dismiss proceeding if venue is wrong
False
FCA 175 Violation of probation proceeding may be heard in county where order was made or _________.
county where violation occurs
The FC Act applies: A. in all criminal proceedings B. in all civil and criminal proceedings C. in every county in NYS D. only in counties with cities with a population greater than one million.
C. In every county in NYS (FCA 112)
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
D. A designated felony part is established only in counties outside the city of New York (FCA 117)
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
D. may not fix or accept bail (FC 153)
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 acknowledgements & administer oaths
B. a FC may send process outside the state in paternity proceedings (FCA 154)
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 filling the petition
C. same day or next day court is session. (FCA 153-c)
FC can send process outside the state in \_\_\_\_\_\_\_ and \_\_\_\_\_\_\_\_ proceedings. A. family offense & JD B. support & JD C. paternity & PINS D. support & paternity
D. support & paternity (FCA 154)
In a proceeding requesting an OP, a counterclaim must be served not less than \_\_\_ day(s) before hearing if the counterclaim is to be heard on the date of the hearing. A. 1 B. 3 C. 5 D. 4
C. 5 (FCA 154-b
Choose the best answer. A lawful order of the FC of Kings County may be enforced in any other county A. In New York City B. adjoining C. where respondent resides D. where respondent resides or is found
D. where respondent resides or is found (FCA 171
FCA 216-b T/F? Clerk of FC shall use discretion in giving out petition forms to persons requesting them.
False
FCA 216-c T/F? Any person assisting in the preparation of a FC petition shall exclude irrational allegations presented by the petitioner
False
FCA 216-c (b) T/F? Generally, no clerk or probation officer may prevent any person who wishes to file a petition from having such petition filed with the court immediately.
True
FCA 216-c (c) T/F? If there is a question regarding whether or not the FC has jurisdiction, the clerk shall not assist in the preparation of a petition.
False
FCA 217 FC orders must be filed where?
with the clerk of FC in county of court making order
FCA 217 the court shall file or direct the filling of FC order within _____ days of the decision of the court, OR within ____ days of settlement of the order on notice
20……20
