FCA1 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 counties of NYC
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?
24/7/365
FCA 154-b 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.
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 to 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 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.
C (FCA 112)
17.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 (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 (FCA 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 acknowledgments & administer oaths.
B (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 filing the petition.
C (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 (FCA 154)
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
C (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 the county of issuance C. where respondent resides. D. where respondent resides or is found.
D (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 clerk of FC in county of court making order
FCA 217 the court shall file or direct the filing of a PC order within___days of the decision of the court, OR within ___days of settlement of the order on notice.
20/20
