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FCA > FCA Article 1 > Flashcards

FCA Article 1 Flashcards

1
Q

FCA 113 In which counties of NYS is the family court established?

A

The family court is established in each of the 62 counties of NYS

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2
Q

FCA 114 T/F
The jurisdiction of the family court limits the jurisdiction of the supreme court as set forth in the NYS constitution

A

False

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3
Q

FCA 115 T/F
The family court has exclusive original jurisdiction over abuse and neglect proceedings

A

True

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4
Q

FCA 115 Does the family court have any powers in habeas corpus proceedings?

A

Yes

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5
Q

FCA 115 T/F
The family court does not have exclusive original jurisdiction over juvenile delinquency proceedings

A

False

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6
Q

FCA 152 T/F
FC judge may dispense with formality of placing a minor under oath.

A

True

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7
Q

FCA 153-a When may a FC warrant of arrest be executed?

A

Any day of week, any hour of day or night. 24/7

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8
Q

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.

A

5

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9
Q

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).

A

4

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10
Q

FCA 155 If an adult is arrested under FC act and court is not in session, adult must be taken to ____.

A

The most accessible magistrate to be arraigned.

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11
Q

FCA 158 Protective custody of material witness under 16 cannot extend more than ___ day without renewal

A

14

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12
Q

FCA 158 The maximum period (including extensions) of custody of a material witness under 16 is ___ days

A

42

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13
Q

FCA 171 T/F
A Family Court order may be enforced only in county where order was made.

A

False may be enforced or modified in FC in any county where party affected by order resides or is found.

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14
Q

FCA 174 T/F
Family Court of one county must dismiss proceeding if venue is wrong.

A

False, FC SHALL transfer a proceeding laying venue in a wrong county to the FC in any county where the proceeding might have been originated.

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15
Q

FCA 175 Violation of probation proceeding may be heard in county where order was made or ___.

A

county where violation occurs

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16
Q

FCA 117 In which counties is a child abuse part established?

A

in every county of NYS

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17
Q

FCA 115 T/F
The FC has exclusive original jurisdiction over family offenses.

A

False FC has concurrent jurisdiction with the criminal court over all family offenses as defined in Article 8

18
Q

FCA 117 Designated felony parts are established in which counties?

A

in the 5 NYC counties

19
Q

FCA 119 T/F
A “duly authorized agency” may be a foreign corporation that has a place of business in NYS

A

False, “duly authorized association, agency, society or institution” means:
1. an incorporated (NYS) society for the prevention of cruelty to children, or
2. any institution supported or controlled by NYS or subdivision, or
3. any public welfare official of NYS, or
4. an association, agency,, society, or institution empowered to care for children WHICH:
a. is incorporated by NYS law, and
b. has a place of business or home in NYS and
c. is approved, visited, inspected and supervised by
NYS department of social services, or consents to
approval, visitation, inspection, and supervision of the
department

20
Q

FCA 119 An “infant” or “minor” is a person who has not attained the age of ___.

A

18

21
Q

FCA 152 A Family Court judge may:

  1. administer oaths, and
  2. take acknowledgments, and
  3. designate an official to administer oaths
    and take acknowledgments, and
  4. _________________________________
A

dispense with the formality of placing a minor under oath.

22
Q

FCA 153-c A person requesting a TOP is entitled to file petition on the same day, and a hearing on the request shall be held the same day or __________

A

next day the court is in session

23
Q

FCA 154-a
In every FC proceeding a copy of the petition must be served on respondent at time of service of process or, if that is not practicable, at the ______ of respondent.

A

first court appearance

24
Q

FCA 119 Which of the following choices is not correct? A “duly authorized association, agency, society or institution” means:

a. an incorporated (NYS) society for the
prevention of cruelty to children, or
b. any institution supported or controlled
by NYS or subdivision, or
c. any public welfare official
d. an association, agency, society, or
institution empowered to care for
children which
1) is incorporated by NYS
law,
2) has place of business or home in
NYS, and
3) is approved, visited, inspected and
supervised by NYS department of social
services, or consents to approval,
visitation, inspection, and supervision of
the department

A

C
any public welfare official OF NYS

25
Q

FCA 151 Which of the following four powers are correct? A Family Court judge may:

  1. administer oaths, and
  2. take acknowledgments, and
  3. designate an official to administer oaths
    and take acknowledgments, and
  4. dispense with the formality of placing a
    minor under oath.
    a. All are correct
    b. Only 1, 2, & 3 are correct
    c. Only 1, 3 & 4 are correct
    d. Only 1, 2 & 4 are correct
A

A

26
Q

FCA 153 Which of the following is false?
A Family Court 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

A

D
A family court judge MAY fix or accept bail

27
Q

FCA 154 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 and administer oaths

A

B.
A FC MAY send process outside the state in paternity proceedings

28
Q

FCA 153-c 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

A

C
same day next day court is in session

29
Q

FCA 154 Family Court can send process outside the state in ______ and _______ proceedings.

a. family offense and JD
b. support and JD
c. Paternity and PINS
d. support and paternity

A

D.
support and paternity

30
Q

FCA 154-b 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 day
b. 3 days
c. 5 days
d. 4 days

A

C
5 days

31
Q

FCA 171 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 issuanced
c. where respondent resides
d. where respondent resides or is found

A

D
where respondent resides or is found

32
Q

FCA 166 Which of the following 2 statements are true?

  1. FC records shall not be open to
    indiscriminate public inspection
  2. The court may in any case permit
    inspection of any papers or records.
    a. 1 only is true
    b. 2 only is true
    c. both 1 & 2 are true
    d. neither 1 nor 2 are true
A

C
shall not be open to indiscriminate public inspection. However, the court may in any case permit inspection of any papers or records

33
Q

FCA 155-a Which of the following 3 statements are correct?
1. cash bail may be accepted by a desk
officer at any time within NYC
2. cash bail may never be accepted by a
desk officer
3. cash bail may only be accepted by a desk
officer if outside NYC
a 1 only is correct
b. 2 only is correct
c. 3 only is correct
d. neither 1 nor 2 nor 3 are correct

A

D.
Cash bail may be accepted by a desk officer or his superiors from any person arrested on a warrant from the FC: 1) in NYC, for an arrest between 2:00pm and 8:00am, and 2) outside NYC, for an arrest between 11:00am and 8:00am

34
Q

FCA 119 The definition of a “duly authorized agency” includes an association, agency, society, or institution empowered to care for children which:
1. Is incorporated by NYS law, and
2. Has place of business or home outside
NYS, and
3. Is approved, visited, inspected and supervised by state department of social services, or consents to approval, visitation, inspection, and supervision of the department.
a. only 1 & 3 are correct
b. only 1 &2 are correct
c. only 2 & 3 are correct
c. 1, 2 & 3 are all correct

A

A.
2. is incorrect, has place of business or home IN NYS

35
Q

FCA 154-d In proceeding to establish paternity or establish, modify or enforce support, court may send process outside NYS in same manner and same force and effect as process sent as per CPLR 302 (Long Arm Stature), and FCA 5B (UIFSA: Uniform Interstate Family Support Act), even if person is not a NYS resident or domiciliary, if:
1. the child was conceived in NYS, or
2. child resides in NYS as result of actions of
person to be served, or
3. person has resided with child in NYS, or
person filed with putative father registry
(maintained by Department of Social
Services)
a. only 1, 2 & 4 are correct
b. only 1, 3 & 4 are correct
c. only 2, 3 & 4 are correct
d. 1, 2, 3, & 4 are all correct

A

D.
All are correct

36
Q

FCA 154-d A LCC may on an ex parte basis issue a TOP pending a hearing in FC upon an affidavit that:
1. FC is in session
2. a family offense has been committed
3. a family offense petition has been filed or
will be filed in FC next day FC is in session
4. shows good cause
a. only 1, 2 & 4 are correct
b. only 1, 3 & 4 are correct
c. only 2, 3 & 4 are correct
d. 1, 2, 3 & 4 are all correct

A

C.
1. FC is NOT in session

37
Q

A petitioner, upon appearing in a LCC for the issuance of a TOP in a family offense matter, shall be advised by the court that:
1. petitioner may continue the proceeding
in the LCC (upon filing an accusatory
instrument), or
2. petitioner may continue the proceeding
in FC, or
3. petitioner may not continue the
proceeding in both the LCC and FC
a. only 1 & 3 are correct
b. only 1 & 2 are correct
c. only 2 & 3 are correct
d, 1, 2 & 3 are all correct

A

B
3. petitioner MAY continue the proceeding in both the LCC & FC

38
Q

FCA 112 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

A

C.
FC act applies in every county in NYS

39
Q

FCA 117 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

A

D.
A designated felony part is established only in counties WITHIN the city of New York

40
Q

FCA 115 Which of the following is not correct? The family court has exclusive original jurisdiction over the following proceedings:

a. abuse
b. support
c. paternity
d. habeas corpus

A

D.
The family court has “other jurisdiction” in habeas corpus proceedings

FCA (11 decks)

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