and Expert Graded A+ Answers |
Latest Edition
1. What is the highest court in the court system in NY? - ANSWER Court of
Appeals
2. Does the NY Court of Appeals have original jurisdiction? - ANSWER NO!
Exercises only appellate jdx in crim and civil cases w/o regard to the amount
in controversy.
3. The NY Court of Appeal’s jurisdiction is limited to questions of ________! -
ANSWER Law
4. County Courts exist in ______________________. - ANSWER ALL
counties outside of NYC
5. Jurisdiction of a _______ Court includes:
Actions and proceedings to recovery money where
(1) the amount sought to be recovered
does not exceed $25,000; AND
(2) one of the following applies: (a) every defendant resides in the county, (b) a
defendant has an office for transaction of business within the county and the
cause of action arose in the county, or (c) the defendant is a foreign corporation
doing business in the county and the CoA arose in the county. - ANSWER
County
,6. True or False: a COUNTY Court also has jurisdiction over various actions
and proceedings involving real property located within the county, without
regard to any dollar amount or contacts of defendants to the county,
including summary proceedings for eviction and actions and proceedings -
ANSWER TRUE
7. County Courts have jurisdiction over ____________________! - ANSWER
ALL crime matters but primarily hear felonies.
8. County Courts in the _________ Departments ALSO have jurisdiction over
_________ from any of the district, city, town, and village courts within the
county in BOTH civil and criminal proceedings. - ANSWER 3rd and 4th;
appeals
9. _____________ Court has jurisdiction over all proceedings relating to the
probate of wills, administration of estates, lifetime trusts, and guardianship
of the property of minors. - ANSWER Surrogate's
10.What Court has CONCURRENT jurisdiction with Family Court over
adoptions? - ANSWER Surrogate's Court
11.Can a wrongful death action be brought in Surrogate's Court? - ANSWER
NO, but SC has concurrent jdx over allocation + distribution of the proceeds
of a wrongful death action.
12.Surrogate's Court has _____________ in matters over which it has
jurisdiction. - ANSWER full equity powers
13._____________ has jurisdiction over child abuse and neglect proceedings,
proceedings to determine paternity, proceedings for the permanent
, termination of parental rights, person-in-need- of-supervision (PINS)
proceedings, family offense proceedings (concurrent and simultaneous with
the criminal courts), juvenile delinquency proceedings, adoptions, and
dependent support proceedings. - ANSWER Family Court
14.Family Court Act 411 confers upon Family Court "________________" but
its jurisdiction does NOT extend to proceedings for __________________. -
ANSWER exclusive orig jdx over proceedings for support or maintenance;
child or spousal support while an action for divorce is pending
15.The NY Supreme Court, as a court of general original jurisdiction, has
exclusive jurisdiction over _____________. - ANSWER matrimonial
actions
16.What do the NY Supreme Court and Family Court share concurrent
jurisdiction over? - ANSWER support matters and post-divorce jdx to
enforce or modify an underlying support order (issued by the Supreme
Court)
17.The New York City Civil Court has jurisdiction within the City of New
York over actions and proceedings for the ___________ where the amount
sought to be recovered does ___________. - ANSWER recovery of money;
not exceed $25k
18.Appellate Division of the Supreme Court: The Appellate Division is a single
statewide appellate court, divided into _________ judicial departments. -
ANSWER 4
19.The Appellate Division of the Supreme Court is the ____________ court for
BOTh criminal and civil cases. - ANSWER principal intermediate appeals
, 20.Pursuant to the doctrine of stare decisis, trial courts in a given department
are required to follow precedent set by the _____________ until the Court of
Appeals or the Appellate Division for the department in which the trial court
sits _____________. - ANSWER Appellate Division for another
department; pronounces a contrary rule
21.Each department of the Appellate Division of the Supreme Court should
__________________________________. - ANSWER accept the decisions
of its sister Depts as persuasive authority, but is free to reach a contrary
result!
22.Where do Appellate Terms of the Supreme Court exist? - ANSWER First
and Second Judicial Departments
23.The Appellate Terms of both the First AND Second Departments hear
appeals from the ____________, and the Appellate Term of the Second
Department ALSO hears appeals from ________________. - ANSWER
Civil Court of NY City; district, county, city, town, and village courts.
24.The NY Supreme Court has ______________________________. -
ANSWER general original jurisdiction of ALL cases in law and equity w/o
monetary limitation unless its jurisdiction has been specifically proscribed.
25.In some cases, jurisdiction of the NY Supreme Court is _________ with that
of other courts. - ANSWER concurrent;
26.What actions/claims does the NY Supreme Court have exclusive subject
matter jurisdiction over? - ANSWER matrimonial actions and wrongful
death claims.