NC State BLET Civil Process Practice Exams 2025-2026 Guide, Exams of Law

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NC State BLET Civil Process Practice Exams 2025-2026 Guide

Serving civil process is a significant fimelion of who? - ANSWER-Office of the Sherilf Process - ANSWEF-Refers to writs or summonses, especially to appear or respond in court filed or issued by the civil courts to assist them in carrying out the functions assigned to them by law When does due pro start for civil process? - ANSWER-Starts with notice What is the primary method of giving notice? - ANSWER Service of process How does the law define civil aclion? - ANSWER-Simply as every action other than criminal action. Four Functions of Civil Process - ANSWER-Giving notice Preserving the status quo Providing remedies for parties Enforcing decisions of the courts What are the 3 Divisions of the Civil Courts? - ANSWER-Small Claims Court (Magistrate) District Court Superior Court 3 common cases of Magistrate Court - ANSWER-Seeking $10,000 or less Summary ejectment Recovery of personal property District Court - ANSWER-Seeking between $10,001 and $23,000 Domoslic issucs (BOB, 50C) Supcrior Court - ANSWER-Seck to recover more than $25,000 Special proceedings How is the filing fee determined? - ANSWER-Depends upon which court the plaintiff chooses to file their civil lawsuit What actions do not require a filing fee? - ANSWER-DVPOs (0B) Civil No-Contact Order (60C) How do most civil actions begin? - ANSWEF-Filing of a complaint or petition Who is responsible for issuing a summons? - ANSWER-Clerk of Court; Assistant and Deputy Clerks are also authorized What does the clerk need to do to make the summons valid? - ANSWER-Sign and Date Civil Summons - ANSWER-AOC-CV-100 When is a civil summons issued? - ANSWER-When a plaintiff files a complaint to begin an ordinary civil action in district or superior court What does the civil summons tells the defendant? - ANSWEMto file a written ANSWER to the lawsuit or appear the time restriction for doing so the possible consequences for failure to take action What is the time limit for ANSWERing a civil summons? - ANSWER-30 days after service What if the defendant fails to file an ANSWER within appropriate time? - ANSWEF-a default Judgement may be entered in favor of the plaintiff Juvenile Summons (undisciplined/delinquent) - ANSWER-AOQC-J-340 When is a Juvenile Summons (undisciplined/delinguent} issued? - ANSWER-when a juvenile proceeding is initialed against a juvenile for delinquency Delinquency means a child who is at least age and not yet age committed an act that would be a crime or infraction if they were an adult - ANSWER6; 18 At what age is a person treated as an adult for Chapter 20 violations? - ANSWER-16 What does the Juvenile Summons (undisciplined/delinquent) order? - ANSWER-The juvenile to appear at a hearing at a specified time, date, and place to determine if delinquent or undisciplined What disposition is to be made The parent to appear for determination of whether they should be required to pay for the attomey appointed to represent the juvenile Juvenile Summons (abuse/neglect/dependent) - ANSWER-AOC-J-142 When is a Juvenile Summons (abuse/neglect/dependent) issued? - ANSWER-when a juvenile sding is initiated because a juvenile is alleged to be abused, neglected, or dependent What does the Juvenile Summons {abuse/neglect/dependent) order? - ANSWER-The alleged abuser/parent to appear at a hearing at a specified time, date, and place to determine abuse or neglect What disposition is lo be made Orders the parent to appear for determination of whether the parent should receive counseling, treatment or should have an attorney appointed to represent them in the custody proceeding Summons in proceeding to terminate parental rights - ANSWER. AOC-J-208 What does Chapter 95 allow? - ANSWER-an employer to act on behalf of an employee who has been thre: ed at their place of employment to apply for a civil no-contact order covering the workplace Is Workplace Violence Prevention civil process exempt from clerk and service fees? - ANSWER. No s? - ANSWER Servi ses personal jurisdiction over the defendant(s) or respondent(s) Why do we need to serve defendant: : of the summons is the usual way in which the court cx Who can serve items of civil process? - ANSWER-The sheriff or sheriff's deputy of the county where the service is to be made Municipal law enforcement officers also have the authority to serve civil process if directed to do sa The plainuff may serve the defendant by mailing a copy of the complaint and summons by certified confirmation mail, return receipt requested, or using a designated delivery service What are the 6 parties that can be d? - ANSWERNatural Person Natural Persons under disability Domestic or Foreign Corporation Partnerships Unincorporated Associations Political subdivisions Natural Person - ANSWEF-an individual human being What are sole proprietorships treated as for service purposes? - ANSWER Natural Persons Natural Persons Under Disability - ANSWER-Under some legal disability: The person is a minor Lacks the mental competence to manage their affairs Domestic or Foreign Corporation - ANSWE-a legal entity separate and distinct from its shareholders A corporation must sue and be sued...- ANSWER-in its name What is each domestic or foreign corporation authorized to do business within North Carolina required to do?- ANSWER-register with the NC Secretary of State Partnerships - ANSWER-An association of two or more persons to carry on as co-owners of a business for profit What partners are jointly and severally liable for the acts and obligations of the partnership? - ANSWER-AIL parlners Delivering a copy to an agent authorized by appointment or law When and where can the actual defendant be served? - ANSWER-Anywhere within the sheriff's Jurisdiction At any time and on any day Tf left with a residing person of suitable age and discretion, does that person need to be a family member? - ANSWERNo What is the rule for suitable age and discretion? - ANSWER-The person must be of such an age and maturity to understand what is happening What if the plaintiff and defendant live together? - ANS WER-Leaving a copy with the plaintiff is NOT valid sorvice. Who docs the law automatically appoint as lhe agent for service for nonresident motorists involved in a vehicle collision resulting in an action brought against them? - ANSWER Commissioner of Motor Vehicles Methods of serving a natural person under disability - ANSWER Must be served by one of the methods authorized for service on a natural person AND Tfthe defendant is a minor, serve on a parent or guardian having custody of the child or, if none any person having care and contral Tfthe defendant is incompetent - service must be made on their general guardian Guardian of Estate - ANSWER-Solely manages a ward's property. estate, and business affairs Guardian of the person - ANSWER-Solely performs duties relating to the care, custody, and contral of the ward General Guardian - ANSWEF-guardian of both the estate and the person Methods of se: officer, director, or managing agent of the corporation ing a domestic or foreign corporation - ANSWEI-Delivering a copy to an Leaving a copy in the officer of an officer, director, or managing agent with the person apparently in charge of the office Delivering a copy Lo an agent authorized by appointed or law Lo be served Every corporation doing business or conducting alfairs in NC musl...- ANSWER-mainiain a registered office in NC and must name a registered agent to receive service of process Who becomes the agent upon whom such process may be served if no registered agent is appointed or if the registered agent cannot be found? - ANSWERNC Scerctary of State Methods of Serving a Partnership - ANSWER-Delivering to any general partner, or Lo any attorney-in-fact or agent authorized by appointment or law Serving a County - ANSWER-Personally delivering a copy to the county manager, the chairman srk of the of the board of commissioners, any member of the board of commissioners, or the board Serving other political subdivisions - ANSWER-Personally delivering a copy to an officer or director of the political subdivision or an agent or attorney-in-fact authorized by appointment or law . - ANSWER-Leaving a copy at the office or residence of the may, city manager, city clerk, county manager, chairmen, or member of This is not valid sa © for counties or municipalilic: the board of commissioners or the clerk of the board is not valid service (Must be personally served) Who can not be served for the County? - ANSWER-County Attorney Serving a Juvenile Summons (Delinquent/Undisciplined) (AQC-J-340) - ANSWER-Must be del sred personally to the juvenile and the juvenile's parent, guardian, or custodian When does the AOC-J-340 have to be served by? - ANSWERMust be served not less than 5 days before the scheduled hearing date The 3 day rule can be waived at the court’s discretion Serving a Juvenile Summons (Abuse/Neglect/Dependent) (AQC-J-142) - ANSWER-Shall be served in any manner provided for service of a civil summons not less than 5 days before the scheduled hearing date 3 day rule can be waived at the court's discretion Serving a Summons in proceeding to terminate parental rights (AQC-J-208)- ANSWER-Served like a ordinary civil summons Summary Ejectment (Magistrate Summons) - ANSWE2a lawsuit filed by a landlord to evict the tenant from the rental property small claims court When is the trial required to be set for Summary Ejectment? - ANSWEF-within 7 WORKING days, EXCLUDING weekends and holidays 1st Step of Serving Summary Ejectment - ANSWER Must mail a copy to the defendant no later than the end of the next business day aller the reecipl of the summons at the defendant's last known address (Does nol necd Lo be certified mail) 2nd Step of Serving Summary Ejectment - ANSWER-The officer may, within five days of the issuance of the summons, attempt to telephone the defendant to set up a meeting to be served 3rd Step of Serving Summary Ejectment - ANSWER-If the 2nd step is unsuccessful, the deputy must make at least one visit to the place of abode of the defendant within five days of issuance of ; summons to attempt personal delivery Telephone communication with the person named May also be served by certified or registered mail, return receipt requested What is not valid service for serving a subpoena to testify over telephone? - ANSWER-Leaving a telephone message on a cell phone, ANSWEKing machine, voicemail, text message or with a person other than the named person is not valid service idence - ANSWER-Personally deliv Service of a subpoena to produce ng a copy to the person named in the subpoena The parly requesting Lhe information can mail a copy by certified or registered mail, return receipt requested Who can the subpoena to produce evidence be left with? - ANSWER-Only the person named Is telephone communication proper service for subpoena to produce evidence? - ANSWERNo Out-of-State Subpoena - ANSWEF-Should not try to serve or enforce the document Must be done for an out-of-state subpoena...- ANSWE-The party must request that the clerk of court in the county in NC whe: > discovery uc a NC subpocna covering the discovery requested Ex Parte - ANSWER_Done for the benefit of one party and without notice to the other party Service with NO Ex Parte Order - ANSWER-Can be served in any manner authorized for service on anatural person, but a law enforcement officer MUST accomplish serv Service with an Ex Parte - ANSWER-Can be served like a natural person However, a LEO's personal delivery of the ex parte order can simplify and strengthen enforcement Hearings for an Ex Parte Order - ANSWER-A hearing must be held on the order wi after issuance or within 7 days after service of process, whichever is later hin 10 days Emergency Relicf- ANSWEF-Hearing on the motion must be held within 5 days aller notice of hearing or 5 days after the service of process Serving the Summons and Temporary Civil No-Contact - ANSWER-Summons and all attachments must be served personally What are Temporary 30C attachments according to the statute?- ANSWER-Statutes define atlachments as the complaint, any temporary restraining order, and the notice of hearing on the temporary restraining order Expiration Date for 50C Summons - ANSWERNo specific expiration date for a summons under Chapter 50C Time Limit for Defendant Response of 50C summons - ANSWEF-Defendant must ANSWER or otherwise respond within ten days of ser Time, Place, Manner of Service. Time, Place, Manner of Service. Time, Place, Manner of Service. Time, Place, Manner of Service. Time, Place, Manner of Service. Willfully Failing or Neglecting Duties or False Return - ANSWER-Sheriff subject to damages of not more than $300.00 for willfully failing or neglecting to perform any duty imposed by law or has made a [alse return (Class 1 Misdemeanor) Computing Time: LESS than 7 days- ANSWEF-do not include weekends and legal holidays Computing Time: SEVEN or more days - ANSWER-weekends and legal holidays are counted Legal Holiday - ANSWER-When the courthouse is closed Civil Summons Time Limits - ANSWER-Valid for 60 days Magistrate Summons other than Summary Ejectment - ANSWER-Valid for 60 Trial set not later than 30 days after action is commenced All attempts to serve should be made no later than 4 days before hearing date Magistrate Summons for Summary Ejecunent - ANSWERMust be served within 5 days from the issuance At least 2 days before the date of the scheduled hearing Juvenile (Undisciplined/Delinquent) - ANSWER Must be served not less than 5 days before the hearing date Tf unserved after 30 days the summons should immediately be returned Juvenile (Abuse/Neglect/Dependent) - ANSWER-Must be served not less than five days before the scheduled hearing date S0B, 50C, and Workplace - ANSWER-Expire after 60 days Time-sensitive nature should factor In-State Child Custody - ANSWER-The Sheriff may only take physical custody IF the order specifically dircels thc LEO to lake the child and deliver custody AND the custody order is accompanied by a warrant (AQC-CV-667) Out-of-State Child Custody - ANSWEF-Custody order must be accompanied by a warrant directing law enforcement to take custody (AOC-CV-667) Who must sign child custody orders to be effective? - ANSWERNC District Court Judge Law Enforeement’s job al repossessions - ANSWER Keop the peace Ifrepossession is not peaceful... - ANSWER-it becomes unlawful and the repossessor must stop