New York State Court Clerk Practice Exam 2025 – Comprehensive Prep Guide

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Question: 1 / 155

Can an information be used as a basis for prosecution?

Yes

An information can indeed be used as a basis for prosecution, particularly in criminal cases. It is a formal charge or accusation made by a prosecutor without a grand jury indictment. In New York, as well as in many other jurisdictions, an information outlines the essential facts of the alleged crime and serves to notify the defendant of the charges against them.

The use of an information allows for a more streamlined process in cases where the prosecutor believes there is sufficient evidence to proceed without needing the additional step of grand jury deliberation. This process helps reduce the caseload of courts and expedites the legal proceedings.

While the other options discuss limitations on the use of information in civil matters or federal cases, these do not apply directly to the core question of whether an information can be used to initiate a prosecution, which it unequivocally can. Thus, the affirmation of using an information as a basis for prosecution is significant in the context of understanding the flexibility and functioning of the court system in criminal law.

No

Only in civil matters

Only in federal cases

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