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Family Court Act 2022 > FCA Quiz Articles 7 & 8 > Flashcards

FCA Quiz Articles 7 & 8 Flashcards

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1
Q

FCA 712 A PINS male must be under the age of ____.

A PINS female must be under the age of: ____.

A

18 — 18

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2
Q

FCA 712 For a person to be a PINS he must be found to need

supervision or_________

A

treatment

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3
Q

FCA 716 The court on its own motion may substitute a_________
petition for a PINS petition.

A

Neglect (infants over 10 and less than 16)

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4
Q

FCA 717 A PINS proceeding is originated in the county

where__________

A

acts allegedly occurred

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5
Q

FCA 733 Which of the following cannot originate a PINS
proceeding? police officer, peace officer (pursuant to special duties),
victim of PINS, witness, friend, duly authorized agency, presentment
agency (substitute PINS for JD).

A

friend

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6
Q

FCA 737 Service of PINS summons and petition must be at

least____before time stated for appearance

A

24 hours

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7
Q

FCA 744 At fact finding PINS hearing evidence must be:

A

material, relevant, and competent.

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8
Q

FCA 744 The standard of proof required for a PINS determination is:

A

proof beyond a reasonable doubt

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9
Q

FCA 745 At a PINS dispositional hearing only evidence that

is_____________may be admitted.

A

material and relevant.

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10
Q

FCA 756 Petition to extend PINS placement shall be filed at least
____ days before expiration of placement.

A

60

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11
Q

FCA 758 In a PINS proceeding a judge may order restitution of up
to______

A

$1,000

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12
Q 
The age requirement for a PINS is:
A. under the age of 18
B. under the age of 16
C. male under 16, female under 16
D. male under 16, female under 18
A

A (FCA 712)

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13
Q 
Choose the best answer: For a person to be found to be a PINS, he must be
found to need:
A. supervision or confinement
B. treatment or confinement
C. confinement
D. supervision or treatment
A

D (FCA 712)

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14
Q 
At a PINS dispositional hearing the standard of proof is:
A. preponderance of the evidence
B. beyond a reasonable doubt
C. hearsay evidence
D. none of the above
A

A (FCA 745)

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15
Q 
Choose the best answer: At a PINS dispositional hearing evidence must
be: 
A. material 
B. relevant and competent 
C. material and relevant 
D. material and competent
A

C (FCA 745 )

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16
Q 
A PINS proceeding is originated:
A. in county where parents of PINS reside.
B. in county where victim resides.
C. in county where PINS resides
D. none of the above
A

D (FCA 717)

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17
Q 
A PINS\_\_\_\_\_must be served at least 24 hours before the time stated for
appearance.
A. warrant
B. desk appearance ticket
C. summons and petition
D. none of the above
A

C (FCA 737)

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18
Q
  1. Which of following choices lists at least one party who cannot
    originate a PINS proceeding?
    A. witness, duly authorized agency, police officer
    B. presentment agency (wishing to substitute a PINS for JD petition),
    victim of PINS
    C. parent, friend
    D. peace officer acting pursuant to special duties.
A

C (FCA 733)

19
Q

On its own motion the court may substitute a ________ petition
under article ten for a petition to determine whether a person is in
need of supervision.
A. juvenile delinquency B. neglect
C. PINS D. child abuse

A

B (FCA 716)

20
Q

On its own motion the court may substitute a ________ petition
under article ten for a petition to determine whether a person is in
need of supervision.
A. juvenile delinquency B. neglect
C. PINS D. child abuse

A

B (FCA 716)

21
Q

The court must issue a warrant in an FCA Article 7 proceeding if:
1)summons cannot be served or respondent or other person has
refused to obey summons 2)the respondent or other person is likely
to leave the jurisdiction 3) a summons, in the court’s opinion, would
be ineffectual 4) a respondent on bail or parole has failed to appear
A. 1, 2, 3 & 4
B. 1, 2 & 3
C. 3
D. neither 1, 2, 3 or 4

A

D (FCA 738)

22
Q

PINS police records shall be kept in files separate and apart from
the arrest of adults and shall be withheld from public inspection. For
good cause shown, and upon a written court order, they shall be open
for inspection to: 1. Parent 2. Guardian 3. next friend 4. attorney of
PINS
A. 1, 2, 3 & 4
B. 1, 2 & 4
C. 3 only.
D neither 1, 2, 3 or 4

A

A (FCA 784)

23
Q

FCA 812 The FC and criminal court have _________ jurisdiction
over family offenses

A

Concurrent

24
Q

FCA 812 T/F? To be considered members of the same family or
household, persons who have a child in common must have lived
together at some time.

A

FALSE. They need not have lived together

25
Q

FCA 813 T/F? If a petitioner has already started a family offense
proceeding, the petitioner needs FC approval to start a criminal
action.

A

False

26
Q

FCA 818 Venue of a family offense proceeding is_____

A

county where acts occurred, or where family or household or any
party resides.

27
Q

FCA 821 T/F? When the FC is not in session, an arrest or initial
appearance of a respondent may be in a CC.

A

True

28
Q

FCA 821-a Which parties in a family offense proceeding have right
to free counsel if indigent?

A

petitioner and respondent

29
Q

FCA 826. Family offense summons and petition must be served at
least________before time stated for appearance.

A

24 hours

30
Q

FCA 832 Fact-finding hearing determination shall be based

on_________

A

fair preponderance of the evidence

31
Q

FCA 838 T/F? Petitioner, but not the respondent, is entitled to a
non-witness friend to be present in the courtroom. However, if the
court finds it undesirable, the court may exclude such person.

A

False. The petitioner AND respondent (if not represented by counsel)
are entitled to a non-witness friend in the courtroom.

32
Q

FCA 841 Restitution in a family offense proceeding can be up

to_________

A

$10,000

33
Q

FCA 842 An OP (family offense) can be for a maximum of

_______ years, if there are aggravating circumstances.

A

5 years

34
Q

.FCA 846-a Upon willful failure to obey a family offense court order
maximum jail time is_________

A

6 months

35
Q

Which of following are not included in definition of MEMBERS OF
SAME HOUSEHOLD?
A. persons presently or formerly legally married to one another.
B. persons related by affinity or consanguinity.
C. persons who have a child in common.
D. persons working in the same office.

A

D (FCA 812)

36
Q

Which of the following statements relating to a family offense is
not correct?
A. A family offense proceeding in FC is not a criminal proceeding.
B. FC and criminal court have concurrent jurisdiction.
C. A family offense proceeding is a civil proceeding.
D. An arrest may not precede the commencement of a FC or criminal
court proceeding.

A

D (FCA 812)

37
Q

Which of the following statements is correct? The venue of a
family offense proceeding is county: 1. where acts occurred 2. where
any member of the household resides 3. where there is a shelter for
homeless used by a member of the household.
A. 1, 2 & 3 correct. C. 1 & 2 correct.
B. 2 correct. D. 1 correct.

A

A (FCA 818)

38
Q

Service of a family offense summons and petition must be made at
least___before time stated for appearance.
A. 1 day
B. 72 hrs
C. 3 days.
D. None of the above.

A

D (FCA 826) 24 hours

One day is not the same thing as 24 hours

39
Q

Which of following conditions is not a justification for issuance of
a family offense warrant?
A. the summons cannot be served
B. the respondent has failed to obey the summons
C. respondent on bail or parole has failed to appear
D. the respondent is likely to leave the jurisdiction.

A

C (FCA 827)

40
Q

At a family offense hearing, petitioner may have a friend or relative
present under the following circumstances:
A. in all cases.
B. where court does not find it undesirable.
C. where respondent consents.
D. none of the above.

A

B (FCA 838)

41
Q

Which of the following is not a valid family offense order of
disposition?
A. suspending judgment (for up to 1 year)
B. order of protection
C. order for restitution of up to $10,000.00
D. placing respondent on probation for up to 1 year

A

A (FCA 841)

42
Q 
Family offenses include: 1. Disorderly conduct, 2. Reckless endangerment 3. Assault in 2nd degree, assault in 3rd degree, or attempted assault. 4. Murder in the second-degree 
A. 1, 2, 3 & 4 
B. 1 & 2 only 
C. 1, 2 & 3 only 
D. 2 & 3 only
A

C (FCA 812)

43
Q

A family offense petition must contain: 1. an allegation that respondent committed one of the family offense offenses (FCA 812) 2. relationship of alleged offender to petitioner 3. name of each child in
household and relationship to petitioner and respondent. 4. copy of notice (FCA 812: rights of domestic violence victim)
A. 1, 2, 3 & 4
B. 1 & 2
C. 1, 2 & 3
D. 1 & 4

A

A (FCA 821)

Family Court Act 2022 (6 decks)

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