Section 25 (NC) BLET Civil Process Exams Guide 2025, Exams of Law

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Section 25 (NC) BLET Civil Process Exams Guide 2025

What are the 4 functions of the civil process - ANSWER-Giving Notice, Preserving The Status ons Of The Courts Quo, Providing Remedies For Parties, Enforcing Decis Small Claims - ANSWERUsually $10,000 or less or summary ojections District Court. Cases - ANSWER Usually scck between $10,001 and $25,000 or involved domestic issues Superior Court Cases - ANSWER-More than $25,000 or Special Proceedings Filing Fee for Domestic Violence or Civil Order - ANSWEF-It's not required to pay a filing fee Lo the clerk Valid Summons - ANSWER-When Clork Of Court, An Assistant Clerk, or A Deputy Clork Signs and Dates It Accessing AOC Forms - ANSWER Can be found online Types Of Civil Process - ANSWER Magistrate Summons Civil Summons Juvenile Summons Summons In Proceeding To Terminate Parental Rights Subpoena Domestic Violence Civil Process Civil No-Contact Civil Process Workplace Violence Prevention Civil Process Magistrate Summons - ANSWER-Issued when a plaintiff files a complaint to be heard in small claims court, $10,000 or less where the plaintiff seeks money, recovery of personal property, summary ejectment Civil Summons - ANSWER-Plaintiff files a complaint to begin an ordinary civil action in district or superior court; could include Breach of Contract, Divorce, Child Support; Defendant to file a written ANSWER’ 30 days after service Default Judgment - ANSWER-Ifa defendant fails to file an ANSWER within the appropriate time, a default judgment may be entered Juvenile Summons (Undisciplined/Delinquent) - ANS WEI@Issued when a juvenile proceeding is inilialod against a juvenile for delinquency: orders the juvenile Lo appear ala hearing Juvenile Summons (Abuse/Neglect/Dependent) - ANSWEF-Issued when a juvenile proceeding is initiated because a juvenile is alleged to be abused, neglected, or dependent; orders alleged abuser/parent to appear at. a hearing Summons In Proceeding To Terminate Parental Rights - ANSWER-Proceeding to terminate a parent's rights about the care and custody of a minor child is begun; tells the parent that an ANSWER Lo the pretention must be filed with 30 days with the clerk of clerk Sole Proprietorships Natural Persons Under Disability Domestic or Foreign Corporation Partnerships Unincorporated Association The State of North Carolina or An Agency Of The State Unils Of Local Government. Natural Porson - ANSWER-Mcans an individual human being Sole Proprictorships - ANSWER-Trealcd as natural persons for service purposes; an individual owns and operates a business that is not incorporated and has no partners, owns all the assets, owes all the liabilities, and operates in their capacity. Natural Persons Under Disability - ANSWER_Under some legal disability; means that either the person is a minor or lacks the mental competence to manage their for purposes of service aflairs. Domestic or Forcign Corporation - ANSWEF-Is a legal entity separate and distinct from ils shareholders, created to have independent rights, exercise corporate powers, and limit Liability to corporate assets. Partnerships - ANSWER-An association of 2 or more persons to carry on as co-owners of a business for profit, jointly and severally liable for the acts and obligations of the partnership. Unincorporated Association - ANSWEFRIs a voluntary group of persons formed by mutual consent to promote a common enterprise or pursue a common goal or obi it is nota legal entity separate from the persons who compose it. Serve A Civil Process On A Natural Person - ANSWEF-Del complaint to the individual named in the complaint or leaving a copy al Lhe defondant’s dwelling ering a copy of the summons and with a suitable person. Serve A Civil Process On A Natural Person Under Disability - ANSWER Must be served by 1 method authorized for service on a natural person; a second copy must be served on another person; if incompetent, serve on a parcnt or guardian. Serve A Civil Process On A Domestic or Foreign Corporation - ANSWER-Leaving in the office of or delivering to an officer, director, or managing agent Delivering a copy to an agent authorized by appointment or by law to b il Process On Partnerships - ANS WEFLeaving in the offi: general partner or any attomey Serve AC : of or delivering to any in-fact or agent authorized by appointment to be served Serve a Civil Process on an Unincorporated Association - ANSWER Leaving in the office delivering to an officer, director, managing agent or member of the governing body or deliv a copy to an agent authorized by appointment or by law to be served Serve a Civil Process on the State of North Carolina - ANSWER-Personally delivering a copy to the Altorney General or a deputy or assislant allorney general. Serve a Civil Process on an Agency of the State - ANSWEF-Personally delivering a copy to the process agent; no process agent personally deliver to the attorney general summons to the defendant no later than the next business day later receipt of the summons 2. Officer may, within 5 days of the issuance of the summons, attempt a telephone the defendant 3. Deputy must make at least 1 visit to the place of adobe of the defendant within 5 days of issuance of the summons to attempt to deliver personally 4. The visit must be made al least 2 days belorc the defendant is required ta appear to ANSWER When can a Summary Ejectment be posted?- ANSWEF1. A copy of the summons and complaint was mailed 1o the delondant by first-class mail alter the sheriff office received the process 2. Other set = methods were unsuce Complaint for Summary Ejectment requesting monetary damages - ANSWER Must be served in a manner other than by posting for the plaintiff to recover money damages Every attempt should be made by their serving officer to serve the defendant personally or by leaving a copy with a person of suitable age Magistrates Summons - ANSWER-A legal document that can be served personally or by leaving a copy with a person of suitable age. Subpoena Issuers - ANSWER-An attorney as an officer of the court, clerk, judge, or magistrate can issue a subpoena. Subpoena Servers - ANSWER-The sheriff, deputy, or any person over the age of 18 who is nota party to the action can serve a subpoena. When should a Subpoena be served?- ANSWERMust be served before the time set for the appearance of the person named or the requested date for delivery of the listed evidence. There is no time limit on the validity of a subpoena Subpoenas are given to the sheriff's office 2 or 3 days before the case. Serving a Subpoena to Testify - ANSWERCan be done by personally delivering a copy. by phone, or by certified or registered mail, return receipt requested. Serving a Subpocna to Produce Evidence - ANSWER-Can be done by personally delivering a copy or mailing a copy by certified or registered mail, return receipt requested. Improper Subpoena to produce evidence service - ANSWEF-Telephone communication and leaving the subpoena with anyone other than the person named on the subpoena. Oul-OLS tale Subpoenas - ANSWER-A dopuly should not try Loserve or enforce the document; the party must request that the clerk of court issue a NC subpoena. Service Without Ex Parte - ANSWER-Sheriff will deliver following papers: -Complaint for DVPO. -Domestic Violence Civil Summons How to serve a permeant no-contact order (50-C)? - ANSWERCan be served by any method of an ordinary civil summons; Clerk of superior court will send a copy to municipal police if the victim lives inside the municipality or sheriffs office if the victim lives in the county . How should you serve a Workplace violence prevention no-contact order? - ANSWER Must be served personally. How long does a defendant have to ANSWERa Workplace violence prevention no-contact order? - ANSWER Within 10 days of service Proper Return of Service - ANSWEI-The deputy must certify service, showing the place, time, and manner of service. Bost practice is for the deputy to make a return specilying in detail upon who, where, and how service, was made Tfunable to locale the parly to be served, the deputy should stale what attempts were made Failure to Pay Service Fee - ANSWERIt does not excuse the sheriff from making due return of the item of civil process to the court with the reason for non-service stated upon it “Not served, service fee not paid to sheriff" Return of Service On A Natural Person - ANSWER-Deputy must indicate the defendants name, the date of service, that the defendant was served personally, and the place of service. Must indicate the date of service, the place. the name of the person with whom it was left, and that it was left at the dwelling with a person of suitable age and discretion who also resides at the defendants dwelling Return for Service On A Corporation - ANSWER-Return must show the corporation as the defendant and the date, place, name, and title of the person to whom the process is delivered. Example of Service on Corporation- ANSWER-"ABC, Inc. was served on June 25, 1997, by delivering a copy to Robert Smith, Registered Agent, at 4505 Main Street, Winter, NC." Time Limit on Civil Summons - ANSWEF-Within 60 days from date issued, including weekends and legal holidays. Time Limil on Parution Proceeding Summons - ANSWEFR-Within 60 days from date issued, including weekends and legal holidays. Time Limit on Proceedings To Terminate Parental Rights - ANSWER-Within 60 days from date issued, including weekends and legal holidays. Time For The Trial Of A Small Claim Action - ANSWER-Set not later than 30 days after the aclion is commenced. Validity of Magistrate Summons - ANSWER-60 days from the date it is issued. Service Deadline for Magistrate Summons - ANSWEFNo later than 5 days before the date scheduled for the hearing: weekends and legal holidays are NOT counted. “Assist plaintiff with taking physical custody" - ANSWER-This does NOT allow LEO to compel the production of the child or take physical custody themselves Does a mechanic have a right to keep possession of a vehicle until the contracted amount is paid? - ANSWER-Yes and the owner cannot get assistance for LEO unless there is a criminal act. Tfa tenant leaves property worth $300 or less how long to retrieve it?- ANSWER-6 Days Tfa tenant leaves property worth $500 or more how long to retrieve it?- ANSWER7 Days How long does the sheriff have to remove a tenant after a home has been padlocked? - ANSWER- Within 5 Day: sheriffs office will often notify in advance Who arc the parties in civil cases - ANSWER-The plaintilf (the person suing)The defendant (getting sued) Who is responsible for issuing a summons - ANSWEF-Clerk of Court (Can also be issued by assistant clerks and deputy clerks)The summons must also be signed and dated by the Clerk of Court or it will be treated as it was never issucd What is the most common types of forms in civil process - ANSWEF-AOC forms When is a magistrate summons issued and what does it tell the defendant - ANS WER-When a plaintiff files a complaint to be heard in small claims court by a magistrate and tells the defendant that the next step is to come to the trial at the date, time, and place indicated on the summons When is a civil summons issued and what does it tell the defendant - ANSWER-When a plaintiff files a compliant to begin an ordinary civil action in district or superior court Ex. Breach of contract, personal injury, automobile negligence, medical malpractice, family law matt . child support/ custodyilt tells the defendant to file a written “ANSWER to the 30 days aftor ) (divore: plainull’s lawsuit or appear and the lime Lriction for doing so What is an ANSWERin regards to a civil summons - ANSWER-A response Lo the plaintiffs complaint; the defendant raises any affirmative defense they may have and either ADMITS or DENIES the plaintiff's allegations What happens if the defendant fails to file an ANSWER within the appropriate tim ANSWER-A de: the amount of relief the plaintiff sought in the complaint will be entered without a trial ult judgement may be entered AKA the judgement in favor of the plaintiff for When is a juvenile summons issued - ANSWER- juvenile for delinquency (between 6-17 and committed a crime) OR because a juvenile is alleged ena juvenile proceeding is initiated against a to be abused, neglected, or dependent Subpoena - ANSWER-A legal process that commands a person to appear at the appointed time and place lo testify as a wilness What is tho two main types of subpoenas - ANSWER-Subponna to Lostily: ordor Lo a witness Lo appear and testify at a court proceeding Subpoena to produce evidence: (Duces Tecum) An order to bring specific evidence to a court proceeding or designated person NC AOC uses 1 form for both types of subpoenas: AOC-G-100 The officer is not responsible for collecting it Breach of Peace - ANSWER-Broader than any ordinary criminal offense May include affrays, fights, assaults, the use of profane and abusive language What makes a rcpo raceful - ANSWEF-If a conlrontation requires law cnforeement intervention What is Collateral and how is it related to defaults - ANS WER-Parties that loan money to individuals for the purchase of personal property often get a securit: interest in the property to be purchased or in the debtor's ting property - if the individual whom money was loaned fails to pay the loan back (defaults), the property (collateral) can be sold to satisfy the outstanding loan amount. When can repossessions in NC nol go through the court system - ANSWEF-Only if they can be completed without a breach of peace What is law enforcements role in repossessions - ANSWER-Ensure pea Without a court order, law enforcement docs not have the aulhorily Lo assist im reposs hinder a peaceful action of repossession. What should the lienholder/ repossessor do if the belongings in it? - ANSWER-The owner has the right to recover possession of those items repo a car that has a bunch of personal The repossession/agent or lienholder does not have the right to keep possession of the debtor's personal belongings other than the property specifically described in the paperwork. What can law enforcement presence at a repossession scene not be used for? - ANSWER-As an intimidation factor to assist in completing the repossession What can occur if there is a dispute between a mechanic and a vehicle owner wh pairs have been made, but the amount due is in dispute - ANSWEF-The mechanic has a right to keep until the contracted amount for the repairs has been paid. If the parties cannot reach an agreement, the property owner may file an action in Small Claims Court for the disputed amount to be determined. Summary Ejectment - ANSWER-A eviction case in NC Landlords can file to legally remove a tenant’s rent property if the tenant has failed to pay rent, violated the lease agreement, or if other conditions apply Are landlords required to send an eviction notice before filing an eviction? - ANSWERNo, however a eviction notice allows the Lenant to meve out Lo avoid the court process voluntarily Can a landlord force tenants ont of their home without going ta court? - ANSWERNo, they cannot self evict - they must go to court unlike repossession What if a landlord/ homeowner wants to get someone out of their home but never signed a lease? - ANSWEF-Leases can be written or oral. However, a person allowed to live in someone else’s home without an agreement to pay rent is considered a guest Guests do not hold the same rights as tenants, and guests who refuse to leave can be removed by law enforcement Property $500 or less 5 days Property More than $500 7 days Tf the tenant has not yet arranged to move their things in this time period, the landlord can dispose of them. Eviction from a hotel as a guest - ANSWER-Hotel employee may restrain the guest from re- entering the room. They may go pack up the guest’s property and give it to them. They may be evicted according to the innkeeper statue Eviction from a hotel as a residential tenant - ANSWER-The occupant can only be removed through summary ejectment procedures