Review 3 Flashcards
Applications to the court; venue; statutes of limitation; provisional remedies.
Provisional remedies.
If an arbitration is not started within ________ of provisional relief being granted, the order granting relief will expire and be void. The respondent will also be awarded costs, including reasonable attorney’s fees. The ______________ period may be altered by the court.
THIRTY (30) DAYS ……… THIRTY (30) DAY
75 10Confirmation of award.
The court shall confirm an award upon application of a party made within ________ after its delivery to him, unless the award is vacated or modified
one year
7509
Modification of award by ARBITRATOR
The arbitrators must issue a written decision on any application for arbitrator to modify the award within_________ of receiving any objections to the modification or the deadline for submitting objections, whichever is earlier, but the parties may extend this ________________ period in writing either before or after its expiration.
30 days………. thirty (30) day
7509 Modification of award by ARBITRATOR
Within_______________ of delivery of an award, a party may apply for its modification. The arbitrators may modify the award upon certain grounds.
Written notice of the application shall be given to _____________ to the arbitration.
twenty (20) days … other parties
7509 Modification of award by ARBITRATOR
Written objection to modification by arbitrator must be served on the arbitrators and other parties within _______________ of receipt of the notice.
ten (10) days
7511 Vacating or modifying award (by the Court).
When application made.
Within _________ after delivery of an award, a party may apply to the COURT vacate or modify it.
ninety (90) days
7508 Award by confession.
Time of award.
The award may be made at any time within ___________ after the statement is verified.
three (3) months
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Commitment Order or Recommitment Order - an order committing the defendant to the custody of the commissioner for confinement in a secure facility for a period of _______________ from the date of the order.
SIX (6) MONTHS
Clue: Commit is Six letters…Six months
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Release Order - Terminating the defendant’s ___________________ without terminating the commissioner’s responsibility for the defendant. (Do not confuse with Discharge Order, what is a Discharge Order you ask, read on)
inpatient status
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
First Retention Order - First order for the continued commitment after expiration of the commitment order authorizing continued commitment for not more than ____________________
ONE(1) YEAR. Clue: First(1)
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Second Retention Order - An order which is effective at the expiration of the first retention order authorizing continued custody for a period not to exceed____________________
TWO(2) YEARS Clue: Second(2)
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Transfer Order- Order directing the commissioner to transfer a defendant from a ____________ to a _____________ under the jurisdiction of the commissioner or any non-secure facility designated by the commissioner
secure facility……… non-secure facility
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Discharge Order - An order terminating an order of __________ or unconditionally ______________ the defendant from Supervision.
Conditions……… discharging
Clue: Discharge is like dismiss. Dis-Dis
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Order of Conditions -
An order directing a defendant to comply with a prescribed treatment plan or any condition which the court determines reasonable and necessary, and where defendant is in custody of the commissioner, not to leave the facility without authorization.
In addition to such conditions, the order may be accompanied by a special order of conditions requiring the defendant to “Stay away from the home, school, place of business of the victim or witness” or “Refrain from harassing, intimidating, threatening the victim or any of their family members”.
This order shall be valid for ___________ from the date of issuance, except for good cause shown, may be extended for an additional _________
FIVE (5) YEARS…….. (5) years
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Examination Order:
Upon a plea or verdict of not responsible by mental disease or defect the court MUST immediately issue an examination order.
Upon receipt of the order the commissioner must designate ________ qualified psychiatric examiners to conduct the examination to examine the defendant.
The court (MUST/MAY) authorize a psychiatrist or psychologist retained by the defendant to be present at such examination
The clerk of the court MUST promptly forward a copy of examination order to the ________________, such service may thereafter participate in all further proceedings
In all subsequent proceedings, the court must consider if any orders of protection have been previously issued in this matter before issuing any special order of conditions
TWO(2) …. MAY……. Mental Hygiene Legal Service
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order After the reports are submitted the court MUST within ____________ conduct an initial hearing to determine the defendant’s present mental condition.
TEN (10) DAYS
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
If the court determines that the defendant has a dangerous mental disorder it (MUST/MAY) issue a commitment order
MUST
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
If the court finds the defendant is not mentally III or does not have a dangerous mental disorder, then the defendant must be __________ either unconditionally or subject to an Order of Conditions
discharged
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
Generally, at least __________ before the expiration of a commitment order, first retention order or second and subsequent retention orders, the commissioner must apply to the court for continuation or release order.
Written notice must be given to the DA, the defendant, counsel for the defendant, and MHLS. Any of the noticed parties may demand a hearing on the issue of whether the defendant has a dangerous mental disorder. Such demand must be within _____________ of their receipt of notice
THIRTY(30) DAYS…….. TEN(10) DAYS
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
The commissioner can apply to the court for a Furlough order, which would allow the defendant to leave the facility for ____________ days.
__________ notice must be given and a hearing may be held to determine if a furlough order is consistent with public safety. If a defendant fails to return to the secure facility at the time specified, he shall be deemed to have escaped
fourteen (14)……….. TEN(10) DAYS
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
The commissioner may apply for a Discharge order when the defendant has been continuously on an outpatient basis for ____________ or more on a release order.
____________ notice must be given and a hearing may be held
THREE (3) YEARS………….. Ten days
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
Any defendant who is in custody pursuant to any of the above orders, if dissatisfied with such order, may within _______________ obtain a “rehearing and review” of the proceedings
THIRTY (30) DAYS
330.20- Proceedings after verdict or plea of not responsible by mental disease
Definitions:
Initial Hearing; commitment order
No person confined in a secure facility may be discharged or released until the commissioner delivers written notice at least _______________ in advance of such release or discharge, excluding Sat, Sun and Holidays to the following
The District Attorney
The police department in the area of release
Any other person the court must designate
FOUR (4) DAYS
300.40 — Counts to be submitted
- A verdict of guilty upon the greatest count submitted is deemed (___________ ) of every lesser count submitted, not ________________*
An DISMISSAL……. an acquittal
(DSAT on clerks calendar)
Article 500.10 recognizance, bail and commitment; definitions of terms.
“Bail” means:
_______ bail,
a _________ bond or
money paid with _________
Cash…….. bail…….. a credit card.
Forfeited bail is forfeited to:
The people of the state of NY
Obligor- A Person who executes ________ and assumes the ___________. It can be the __________ themselves or another
a Bail bond……… undertaking……… Principal
Article 500.10 recognizance, bail and commitment; definitions of terms.
Surety - An Obligor who is not the _________
Principal
Bail Bond - A written undertaking executed by one or more Obligors that failure of the Principal to comply with appearing and other court orders will result in them paying the People of the State of NY a ___________ as designated in the order fixing bail
specified sum of money
Appearance Bond - A bail bond in which the ___________ is the Principal
Only obligor
Surety Bond - Means a bail bond executed by one or more ________ or one or more ___________ and the Principal
Sureties……. Sureties