New York State Court Clerk Practice Exam 2025 - Free Court Clerk Practice Questions and Study Guide

Question: 1 / 400

What does an accusatory instrument initiate in legal terms?

A civil proceeding

A criminal action

An accusatory instrument is a legal document that serves as the basis for initiating a criminal action. This instrument can include various forms such as an indictment, information, or misdemeanor complaint. Its primary purpose is to formally charge an individual with a crime, thus starting the legal proceedings against them in a court of law.

When an accusatory instrument is filed, it signals to the court and to the parties involved that the state is seeking to prosecute an individual for a violation of criminal law. This document typically outlines the specific charges, the nature of the alleged crimes, and provides a factual basis for the prosecution's case.

In contrast, other options like civil proceedings, plea bargains, and mediation processes do not directly arise from an accusatory instrument. Civil proceedings involve disputes between private parties rather than the state prosecuting an individual. Plea bargains are negotiated agreements that occur after an accusatory instrument has been filed, and mediation is a voluntary process aimed at resolving disputes outside the courtroom, which is unrelated to the initiation of criminal actions. Consequently, the appropriate and correct answer to what an accusatory instrument initiates is a criminal action.

Get further explanation with Examzify DeepDiveBeta

A plea bargain

A mediation process

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy