AOC old sample test questions Flashcards by Wendy Torroni

The Judge must sign
A failure to appear notice
B proposed suspension notice
C drivers license suspension notice
D All of the above

DL Suspension

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What is true of the Appeal Process?
A. There is no time limit as to the time which you must file an Appeal
B. Entering appeal information in the ATS case notes is sufficient notice to the MVC
C. The Judge can stay the sentence at the time of conviction pending defendants decision and the judge’s approval to file an appeal
D. non of the above
E. All of the Above

Non of the above

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Discovery on Traffic offenses should be provided:
A. for all Traffic offenses
B. by the Court Administrator
C. By the Municipal Court Judge
D. by the private or Municipal Prosecutor

by the prosecutor

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R7:14-4 sates that; monies received by a court as fines and forfeitures, together with the financial reports covering such funds, shall be forwarded by the court on or before the \_\_\_\_\_ day of the month?
A. 10th
B. 15th
C. 20th
D. 30th

15th

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What is the purpose of Bail?
A. insure that funds are available for payment of fines and costs
B. serves as preventive detention for uncooperative defendants
C. Insures that the defendant will appear at every stage of the proceedings
D. None of the Above
E. All of the Above

C. Insures that the defendant will appear at every stage of the proceedings

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NJSA 2C:6-1 Bail cannot exceed what amount for a crime in the fourth degree, disorderly persons offense, and petty disorderly persons offense

$2500

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For crimes and offenses to be eligible for expungement they must not be statutorily prohibited and

All fines, penalties, assessments, programs, and periods of incarceration or probation must have been completed

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if someone requests information on a file which has been expunged what should you say?

We have no record

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An authorized Municipal Court Administrator or Deputy may set bail only in accordance with (Directive #9-05)
A. bail Schedule 1
B. Bail schedule 2
C. The local Bail policy established by the municipal Judge

B. Bail schedule 2

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According to Directive #9-05 when a defendant is released on his/her own recognizance what monetary amount of bail is used

None

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Per Robert Lipscher memorandum of February 24, 1988, personal checks should be accepted in cases where offenses charged in not serious and the amount of bail is not great. In municipal court bulletin letter #164, October 1968 non serious offenses are defined as?

All matters in which the municipal Court Judge has authority to set bail

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Sound recordings and stenographic records of proceedings made pursuant to R 7:8-8 must be retained for 
A. 3 years
B. 7 years
C. 10 years
D. 5 years

D. 5 years

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Which of the following is not a requirement for bail?
A. A manual receipt for cash bail
B. A manual receipt for non-cash bail
C. A bail recognizance contract
D. Entry of surety and insurance information for non-cash bail

B. A manual receipt for non-cash bail

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The maximum time limit for issuance of a temporary driving permit is?

6 hrs

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What should the court do when receiving an underpayment by mail?
A. Deposit the check and enter in ATS/ACS
B. Deposit check and enter in ACS as a miscellaneous payment
C. Hold the check back and inform the defendant that the whole amount has not yet been received
D. Hold the check until the defendant sends the balance

A. Deposit the check and enter in ATS/ACS

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A complaint can be dismissed:
A. At the defendants request
B. By the Court Administrator
C. by the Judges signature on the ticket
D. by the Judge in open court, and on the record

D. by the Judge in open court, and on the record

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When is judicial probable cause determination not required?
A. whenever a police office issues and is the complainant of the summons
B. Whenever an arresting warrant is being sought
C. Before issuing a summons in a private citizen complaint
D. None of the above

A. whenever a police office issues and is the complainant of the summons

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The time goal on the dispostion of Municipal Court complaints, regardless if it is criminal or traffic in nature is
A. 30 Days
B. 60 Days
C. 90 Days
D. 120 Days

B. 60 Days

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The document that governs the professional and outside activities of the judiciary employees is known as :
A the 1985 Municipal Court Procedure Manual
B the Criminal Code of Conduct NJSA 2C
C the Code of Conduct of judiciary employees
D The municipal Court Administration Certification Board Manual

C the Code of Conduct of judiciary employees

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The violations Bureau Schedule is a list of:
A. the Courts in the State of NJ
B The municipal Courts hours of operation
C Payable Offenses
D All of the Above

C Payable Offenses

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All Indictable offenses must be placed on
A CDR 2
B CDR 1
C Special Form of Complaint
D CDR 1 or CDR 2
E All of the Above

D CDR 1 or CDR 2

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The first Court appearance for a defendant that remains in custody shall be conducted within 7:3-1(a)
A 48 hours
B 72 hours
C 12 hours
D 24 Hours

B 72 hours

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If a defendants remains in custody, bail shall be set within 7:3-1(b)(2)
A 48 hrs
B 72 hrs
C 12 Hrs
D 24 hrs

C 12 Hrs

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All out of town bail should be processed in

ATS

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What is the proper procedure to refund bail to the surety and use a portion for payment: A Write on check for the full amount made payable to the surety and have the surety write a personal check to the court B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment C Make one check payable to the surety and one made payable to the municipal court

B Write two checks made payable to the surety and have the surety endorse the one and give back to the court to be used for payment

Pursuant to R 1:30-3, the time of the court is established by; A the Municipal Court Judge B The Assignment Judge C The Court Administrator D A superior Court Judge providing it is the same vicinage

A the Municipal Court Judge

According to NJSA 2B:12-7 The municipal Court Judge must; A be a resident of NJ and admitted to the bar for 1 year B Be a resident of NJ and admitted to the bar for 5 years C Be available to sit for the Municipal Court on the full time basis

B Be a resident of NJ and admitted to the bar for 5 years

According to NJSA 2B:12-12 bonding is required for A those performing bookkeeping functions in the municipal court B the MC administrator only C The municipal township finance officer D The MD Judge, Administrator and a blanket bond for all MC personnel

D The MD Judge, Administrator and a blanket bond for all MC personnel

Per Rule 7:10-1 on defendants motion a case may be re-open and a new trial granted, pursuant to time limitations: A - Time limit based on new discover evidence shall be within - B - time limit based on fraud or lack of jurisdiction is C Time limit based on any other grounds shall be within

A 2 years - new discover evidence B Any time C 20 days of judgement Time to appeal

If requested by the Municipal Prosecutor a Court Administrator may issue a subpoena to obtain information from telecommunication and internet providers.

NO | Can not subpoena information for telecommunication and internet

A disorderly person's conviction can carry A Severe consequences tot he defendant B Imprisonment up to 6 months and fines up to $1000 C Imprisonment up to 30 days and fines up to $500

B Imprisonment up to 6 months and fines up to $1000

To print a blank bail waiver in ATS/ACS A Access the bail procedures menu B Access the copy of the warrant screen C Access complaint processing menu

B Access the copy of the warrant screen

Once you reconcile the monthly bail cashbook, then ending adjusted account balance should match to: A Part 3 of the monthly bail cash book, total cash bail on account B Part 1 of the monthly bail cashbook, total monies received C both A and B D Neither A or B

A Part 3 of the monthly bail cash book, total cash bail on account LOOK INTO THIS

``` Victims of Domestic Violence can seek relief: A Where the incident occurred B Where the defendant lives C Where the victims lives D Where the victim is sheltered E All of the Above ```

E All of the Above

Name the Municipal Court Core Values

Independence Integrity Fairness Quality of Service

The Municipal Court Administrator Certification board is established pursuant

NJSA 2B:12-11

the NJSA which provides the Court Administrator or Deputy Court Admin of the municipal Court the power to administer oaths for complaints filed with in the Municipal court and to issue CDR 1 and CDR 2

2B:12-21 (a)

the NJSA which provides the Court Admin or Deputy Court Admin of the MC the power to set conditions of pre-trial release in accordance with the bail schedules promulgated by the AOC

2B:12-21(c)

Code of Conduct for Judiciary employees consists of how many Canons?

The maximum fine a municipality may impose for a first time violation of a municipal ordinance is: PL205,c269 January 5,2006 A $500 B $1250 C $2000

C $2000

Juvenile Matters are heard in the Family part of the Superior Court with the exceptions: A Curfew B Title 39 C smoking D Helmet - bicycle-skateboarding-roller skating E All of the Above

E All of the Above

Corporation - parking tickets- 7:6-2a(2) Who can appear on behalf of a corporation.

An authorized officer

If a corporation fails to appear and service was duly made can the judge proceed to hear the complaint?

A not guilty plea is entered and the case is heard

What is - Supervision of the time and events involved in the movement of a case through the court system from point of initiation to disposition, regardless of the type of disposition?

Case Flow Management

When Does case management begin? When does the clock start?

MV - when issued on the street | CRIMINAL - when certified by police or Prob Cause is found by authorized court personnel and complaint is issued

When does the clock stop?

DISP, TPAY, CLOS, DSUS, WARR, TRAN to 0089

When does the clock never end?

HELD, RSTR, TRAF, RWAR, EWAR, TRAN other than to 0089

Annual reports for outside employment should be filed by what date?

Jan 15

Establishing a standard for safeguarding and securing the Judiciary computers and networks and technical infrastructure is part of what policy?

The IT Security Policy

The 1983 ACT which informs the public employees of chemical hazards in the workplace is called?

NJ Worker and community right to know act.

What are the Three branches of Government?

Executive - manages and directs Legislative - create laws Judicial - decides cases according to law

Who is the current Chief Justice of the Supreme Court?

Judge Stuart Rabner

What is the NJSA statute encompasses the Municipal Courts

What court rule encompasses the Municipal courts?

R: 7

Rule 7:14-3 allows for cases to be called in what order?

``` Applications for adjournments Un litigated Motions Arraignments Guilty Pleas Litigated Motions Contested with ESQ ```

According to 2B:12-4, a judges appointment is A. 5 years B 3 years C as long as the government wants

B 3 years

How old must a domestic violence defendant be?

18 or emancipated

What is an emancipated minor?

- is or has been married - Has served in the Military - Has a child or is pregnant - Previously declared by the court or administrative agency

What is the time frame to file an appeal? A. 10 days B. 1 year c. 20 days

c. 20 days

How do you define time?

Past, Present, Future

Name the charging documents?

``` CDR/ eCDR 1 - summons CDR/ eCDR 2 - warrant Special form of complaint Uniform Traffic ticket or PATS notice in lieu of complaint (like a warning) ```

Can court cost be charged to complaintant? 2B:12-24

When the judge finds the filing was not in good faith

Explain the difference between expressed authority vs implied authority

EXPRESSED - municipal - written law | IMPLIED - Superior - Meaning or intent of the law

Effective June 29, 2006 new legislation was passed concerning traffic tickets with death or injury. What must be done?

Must be transferred to Superior Court

Crimes are defined in terms of the period of imprisonment to which a person may be subject if convicted

Over 6 months of imprisonment

R3:2-1(b) provides that indictable complaints must be transferred to the county prosecutor within?

48 hrs

What is the time frame in which a parking ticket may be dismissed if the court fails to either issue a warrant or order a suspension of driving privileges?

3 years

The definition of a complaint

The written statement of facts alleging that an offense has been committed and the defendant committed it

Consequences of Magnitude is determined by:

Any sentence of imprisonment Any period of driver license suspension Fines of $800 or more

The Public Defender Fee can not exceed?

$200

A summons rather than a warrant will issue unless a judicial officer finds one of the following conditions set forth in:

``` R3:3-1c Reason to believe the defendant will not appear Defendant is a danger to self or others Other Outstanding Warrants ID Prior FTA Impact crime ```

Who may SERVE a subpoena? A. Law enforcement officer B Any person over the age of 18 C All of the Above

C All of the Above

What is Subpoena Duces Tecum?

Orders a person to bring certain records with them to court

If a defendant wishes to appeal as indigent he applies? A Municipal Court B Superior Court

B Superior Court

If a defendant is indigent who pays for the cost of the transcript?

County expense if statute violation | Municipality if ordinance violation

``` RETENTION SCHEDULE DWI Financial Criminal Traffic Sound Recordings ```

``` DWI 15 years Financial 7 years Criminal 6 years Traffic 3 years Sound Recordings 5 years ```

There are certain title 39 offense which are DP offenses, give an example

39:3-29.8A - display of fictitious ID 39:5C-1 - racing or making a speed record These offenses can be found on ACS table in RMDS

What form of process is used for the title 39 DP offenses?

Special Form of complaint or CDR 1

Court Deposits shall be made within

48 hours

Statue of limitations for NJSA 2C:1-6

DP 1 year PDP 1 year Ordinance 1 year

Title 39 what are the exceptions to the 30 day statue of limitations?

DWI 90 days REVOKED 90 days Uninsured 6 months

What offenses can be placed on a Special Form of Complaints?

DP/PDP, except those involving DV or companion with indictable local ordinance Code and Penalty enforcements Boating Parking and traffic where a private citizen is complaintant

Pursuant to R 7:2-2(a)(1) can a code enforcement officer issue a SC?

R 7:2-2(a)(3) a code enforcement officer can issue a SC if it is within the scope of his duties and within his territorial jurisdiction

State v Dangerfield? April 2002

Use of Special Complaint instead of CDR1 for minor DP | no respect

Can a Police Officer issue a SC without judicial finding of probable cause?

YES if the complaint is made by a law enforcement officer , they can issue and check the box "Law enforcement use only"

No warrant can be issued on a parking ticket unless?

more than two tickets - not in the same 24 hrs

Amendment to R 7:6-2(d0 become effective on 9/1/04 allowing the prosecutor to submit an approval plea agreement form to the court only when?

The original charge in on the statewide and local VB

Pursuant to R 1;13-1 you may only correct clerical mistakes on UTT, Substantive changes may not be made. Examples of clerical and substantive errors

CLERICAL - DL#, DOB eye, sex, spelling of name SUBSTAANTICE - statue, ordinance, date and time

Justice should be | (What's our line?) three basic ideas

Fair Efficient Prompt

Three methods of developing your staff

Training Coaching Performance feedback

What is MBWA?

Manage By Walking Around

What are the 4 C of trust

Caring Clarity Consistency Commitment

What are the 4 C in team

Collaboration Coordination Collegiality Coaching

On ken's three types of time are

Boss -imposed time System -imposed time Self - imposed time

A tool for organizing yourself and others is making a list and dividing into?

Positive active tasks | reactive tasks

What is Drucker's Rule?

How your time currently is used or misused. | The more capable your staff, the more you accomplish with less stress

What is the 80% - 10% rule? "The Pareto Principle"

80% always against change (reactive thinkers) | 20% in favor of change (creative thinkers)

What theory concludes and individual's supervisor is the critical factor in productivity and success?

Gallup Research

Average Managers are distinguished from great by (Gallup Research)

Productivity Profitability Customer Satisfaction Employee retention

CRIB - Management tool to get mutual purpose

Commit Recognize Invent Brainstorm

What is sandwich technique?

Begin with praise Constructive feedback End with praise

Symptoms of lack of control

Overcrowded court sessions Large number of cases in backlog Multiple adjournments

The court supervision of case progress that explicitly recognizes that cases vary in resource requirements (judicial, staff, Atty) to achieve timely and just dispositions

DCM | Differentiated Case Management

Self Actualizations, Esteem, Social, Safety and Physiological are know as

Maslow's needs

Steps used to introduce change are

Identification Assessment Action

RESPECT Drivers

``` Recognition Empowerment Supportive feedback Partnering Expectations Considerations Trust ```

Leaders increase ROI | what is ROI?

Relationships Outcomes Improvements

The seven habits:

``` be positive Begin with the end in mind Put first things first Think Win-Win Seek first to understand, then to be understood Synergize Sharpen the saw ```

Administrators have two principal ways to elicit better performance from people

Training and motivation

What is a crucial conversation is a discussion between two or more people where

The stakes are high the opinions vary the emotions run strong

Define Delegate

to authorize and send as one's representative | to commit or entrust to another

When is it necessary to have a crucial conversation?

``` Safety issues Low productivity Diversity issues Quality service problems hot issues and topics ```

What is the core of a successful conversation?

Free flow of relevant information | People being open and honest

Explain the Pygmalion-effect/expectation Cycle;

Expectations are matched | Expectations are formed, communicated, come true

What are some immediate responses to change?

Fear confusion resistance Ambiguity

Six principles of Leadership?

``` Power of Self-mastery Power of focus Power with the people Power of persuasive communication Power of execution Power of giving ```

Three steps to use when introducing change

Identification Assessment Action

Motivation will give a reason to act. What are some challenges against motivation?

Increase workload home life just as busy working in teams

Good work environment is when your staff feels

Respected and empowered

Barriers to communication for sender

Own agenda Insufficient information Negativity Not conveying the vision of the judiciary

Barriers to communication for receiver

Not understanding Not giving feedback distractions family and personal issues

External Barriers to communication

Noise Disruptions Phone calls Emails

The stages of team development model

Preparation Alignment Achievement

What type of subpoena is used for production of documentary evidence?

Subpoena Duces Tecum

What is the motion to quash subpoena?

to set aside

Can the Court Administrator issue and investigative subpoena?

Is personal service of a subpoena necessary?

Yes R 1:9-3

Do you need to reissue subpoena every time the case is rescheduled for court?

No a subpoena is good for the witness until the case is disposed

The Court Admin or Deputy must accept for filing and issue all complaints unless they do not have a name or address for the defendant T/F

F must accept all not always issue

As a general rule the records of the MC are open for public inspection, subject to exclusions specified in the confidentiality of court record rule 1:38 T/F

True

Public Defender fees should be placed on a time payment order if a defendant cannot pay the entire fee assessed. T/F

F | Can never be on Tpay

Bail can be placed on a CDR1 if the Court Administrator feels it is necessary T/F

F | Bail is never on a CDR1 or summons

Ordinance complaints may be alleged in the CDR1 or CDR2 forms if the officer deems it appropriate. T/F

F Ordinance should be SC Officers do not determine CDR2 it must meets criteria

A bail receipt is the same as a bail recognizance T/F

F Receipt is for cash/check deposit with the court Recog is a contract with def and surety to return to court

The MC Judge may modify the bail on non-indictable offenses. T/F

True

When processing a bail reinstatement you must write a check from the general account to the bail account T/F

True - reinstatement is the vacated/void the bail forfeiture and puts the monies back into the bail account

You must enter "RA" in the appeals status field to remove an appeal from the monthly case status report (cases on appeal section) T/F

True ???

If a complaining witness does not have the defendant's name, the court may refuse to take the complaint T/F

False, must accept all complaints for filing

All Indictable charges must be on a warrant

F | only if it meets the warrant criteria

A person who has been sentence to one day jail can service this time in court room if the judge orders.

False

Per Directive #9-05 only the judge can approve a monetary amount of bail to be set when the defendant is being ROR.

False | ROR has no monetary bail

AOC old sample test questions Flashcards

(141 cards)