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BLET > Civil Process > Flashcards

Civil Process Flashcards

1
Q

What are the 4 functions/purposes of civil process?

A

(1) Give notice
(2) Preserve the status quo
(3) Provides remedies for parties
(4) Enforce decision of the courts

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2
Q

What are the 3 divisions of civil courts?

A

(1) Small claims (magistrates court)
(2) District court
(3) Superior court

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3
Q

What is the fee for superior court?

A

$180

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4
Q

What is the fee for district court?

A

$130

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5
Q

What is the fee for small claims court?

A

$80

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6
Q

What is the functioning of small claims court?

A

Money up to $10,000, small claims, summary ejectments, and return of property.

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7
Q

What is the functioning of district court?

A

Money up to $25,000 and deals with family matters.

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8
Q

What is the functioning of superior court?

A

Anything greater than $25,000 and deals with any special procedures (e.g. involuntary commitment, adoptions, wills, estate).

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9
Q

$__ fee for service, per party to be served.

A

$30.

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10
Q

If multiple items are served on one party, the fee collected is $__.

A

$30.

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11
Q

If one item is served on two parties, the fee collected is __ ($__ for each additional party to be served).

A

(1) $60.
(2) $30.

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12
Q

Ex parte domestic violence order of protection are valid for __ days.

A

10.

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13
Q

Natural person are served with a ____.

A

(1) Copy

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14
Q

What are the two substantive service’s for serving a natural person?

A

(1) Leaving a copy at the place of residence with suitable age discretion.
(2) Registered Agent

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15
Q

How are Natural person’s under disability served?

A

Same as natural person WITH a person/guardian.

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16
Q

How are sole proprietorship served?

A

Same as natural person.

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17
Q

Who do you serve at the state? How do you serve them?

A

(1) Attorney general, Deputy attorney general, Assistant attorney general.
(2) In-person

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18
Q

Who do you serve at agencies?

A

Process agent, attorney general, deputy attorney general, or assistant attorney general.

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19
Q

Who do you serve at the city?

A

Mayor, city manager, city clerk.

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20
Q

Who do you serve at the court?

A

Chairman, any member of the board, clerk, or clerk magistrate.

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21
Q

Who do you serve at the subdivision city?

A

Director, officer, attorney in fact or agent.

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22
Q

Who do you serve at corporations?

A

Officer, managing AGENT, director, anyone in chain office, registered agent.

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23
Q

Unincorporated associations are the same as _____________ ___________.

A

Corporated associations.

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24
Q

General partnerships deal with general partners. Who receives the papers?

A

The person in charged of the office, agent, attorney.

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25
Q

PLLC and LLC deal with ________ _________ and who receives the substantive?

A

(1) Registry agent.
(2) Secretary of State.

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26
Q

Rule 1A-1 Rule 4 is known as ________.

A

Default.

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27
Q

What are the 2 types of subpoena’s?

A

(1) Testify
(2) Produce evidence

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28
Q

What the time limit when serving a subpoena?

A

There is no time limit.

29
Q

What are the 3 ways to serve a subpoena to testify? How many of the three ways are done by the sheriff?

A

(1) Telephone (Sheriff)
(2) Person delivery (Sheriff)
(3) Registered receipt mail

30
Q

What is the only way to subpoena for evidence for the sheriff?

A

In-person by Sheriff.

31
Q

How many levels are in small court?

A

Civil

32
Q

Who is responsible for fees?

A

Plantiff

33
Q

What are the exceptions for filing fees?

A

50-B and 50-C

34
Q

Which website do you get court copies from?

A

AOC.

35
Q

Valid civil summon must contain:

A

Name of judicial figure and date.

36
Q

Who has primary responsibility to serve in the county?

A

The sheriff

37
Q

What rule do we use for civil process?

A

1A-1 Rule 4

38
Q

A natural person is ___________ ___________.

A

Individual human.

39
Q

Suitable age is:

A

(1) At least 15
(2) Understands the process
(3) Mentally component

40
Q

You can’t serve a corporations _______.

A

Agent

41
Q

PLLC and LLC must register with?

A

Secretary of State.

42
Q

Who starts a civil process/who is responsible for fees? And what does it start with?

A

(1) Plaintiff.
(2) A complaint.

43
Q

Who can sign the court summons?

A

The clerk of the courts, deputy clerk, or assistant clerk.

44
Q

What is the most common special proceedings a deputy will serve?

A

A notice of hearing (foreclosure)

45
Q

If no guardian, the courts present a __________ ____ ________.

A

guardian ad litem.

46
Q

How many days must you serve a civil summons?

A

5 days before hearing.

47
Q

What do process agents fall under?

A

The state of NC and department of justice.

48
Q

What is a sole proprietorship?

A

A small business

49
Q

What website deals with the state?

A

DOJ

50
Q

Which of the following people can you NOT serve at the city?
(a) Mayor
(b) City manager
(c) City mayor
(d) City clerk

A

City manager

51
Q

What are the 3 most important things regarding making a proper return of service?

A

(1) Place
(2) Time
(3) Manner

52
Q

What do you do if you have a paper to be served on a weekend, holiday, etc.

A

Serve it on the next business day by 11:59:59 PM.

53
Q

If the time period between serving papers is LESS than 7 days…

A

Weekends and holidays DONT count.

54
Q

If the time period between serving papers is GREATER than or equal 7 days…

A

Weekends and holidays DO count.

55
Q

How many days do you have to serve a civil summons?

A

60 days

56
Q

Magistrate court summons must be served at least _ day before court.

A

1.

57
Q

How long are civil summons good for?

A

60 days.

58
Q

DBA and TA is associated with ____ _____________.

A

Sole proprietorship.

59
Q

Which website do you go to concerning business?

A

The secretary of state.

60
Q

Attachments are a pre-judgement ________.

A

Remedy.

61
Q

What are the two types of processes for claim and delivery?

A

(1) Notice of hearing
(2) Order of seizure

62
Q

Which pre-judgement remedy is designed to discover and subject to attachment tangible personal property of the defendant?

A

Garnishment.

63
Q

Garnishments are served on what type of party?

A

3rd.

64
Q

Any violation of a order-strain order is _____ to ______ cause.

A

Order to show cause.

65
Q

Executions against property are for what?

A

To seize personal property to sell and satisfy the outstanding judgement.

66
Q

Executions against the person are for what?

A

Civil orders for arrest.

67
Q

Executions for delivery of specific property are called what?

A

Writs of possession for real property.

68
Q

If someone files for bankruptcy, what should you do?

A

(1) Don’t serve
(2) Verify their bankruptcy

69
Q

How do you serve a state, city, county, subdivision?

A

In person only.

BLET (35 decks)

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