NC BLET CIVIL PROCESS 2026 PRACTICE
QUESTION SET TWO
◉ How may a sheriff serve the "natural person?" Answer: 1. By
delivering a copy of the summons and complaint to the individual
named in the complaint and summons
2. Leaving a copy of the complaint and summons at the defendant's
dwelling or usual place of abode with a person of suitable age and
discretion
3. By delivering a copy of the complaint and summons to an agent
authorized by appointment or by law to be served or accept
processes
◉ When and where can summonses and complaints be served?
Answer: At any place within the sheriff's jurisdiction, at any time
and on any day of the week.
◉ What does "usual place of abode" mean? Answer: The place where
the party is actually living at the time service is made.
◉ Is it proper to serve a person, who lives at a dwelling or place of
abode with the defendant, at a location other than the dwelling?
Answer: No
,◉ A process must be left with a person of suitable age and
discretion. What does that mean? Answer: Need not be a family
member, must be mentally competent, and suitable age means a
person of an age and maturity to understand what is happening and
that the papers should be delivered to the defendant.
◉ Who is responsible for determining if a person is of suitable age
and discretion? How does that person determine that? Answer: The
person serving (deputy) is responsible. He/she determines that by
asking sufficient questions of the person.
◉ What is the definition of an "attorney/lawyer"? Answer: A person
who has graduated law school and passed the state bar.
◉ What is the definition of an "attorney of record?" Answer:
Attorney who has made at least one appearance in a court of record
for a specific client in a specific case.
◉ What is the definition of an "attorney-in-fact?" Answer: A person,
who does not necessarily have to be a lawyer and many times isn't,
who has the specific job of accepting service for another person, or
performing other designated duties and is specifically authorized by
a document called a "letter or power of attorney" to perform those
acts.
, ◉ What is the definition of an "agent for service?" Answer: Person,
not necessarily an attorney, who can specifically accept service of
process because of a job or position he holds for a company, or
through a document such as a "power of attorney" or appointment
as a process agent.
◉ What is the definition of a "registered agent?" Answer: An agent, a
representative, usually for a corporation, who is specifically named
and designated through the Secretary of State.
◉ What is the definition of a "managing agent?" Answer: A person
who has some management authority and responsibility in the
running of a business.
◉ What is the definition of a "guardian?" Answer: Person who is
lawfully invested with the power and charged with the duty to take
care of another person and/or their property.
◉ What is the definition of a "guardian ad litem?" Answer: Guardian
who is lawfully appointed for a specific suit or case; "Ad litem"
means "for the suit".
◉ What is the definition of "the holder of power of attorney?"
Answer: Power of attorney is a document legally authorizing
another person to act as a person's agent.
QUESTION SET TWO
◉ How may a sheriff serve the "natural person?" Answer: 1. By
delivering a copy of the summons and complaint to the individual
named in the complaint and summons
2. Leaving a copy of the complaint and summons at the defendant's
dwelling or usual place of abode with a person of suitable age and
discretion
3. By delivering a copy of the complaint and summons to an agent
authorized by appointment or by law to be served or accept
processes
◉ When and where can summonses and complaints be served?
Answer: At any place within the sheriff's jurisdiction, at any time
and on any day of the week.
◉ What does "usual place of abode" mean? Answer: The place where
the party is actually living at the time service is made.
◉ Is it proper to serve a person, who lives at a dwelling or place of
abode with the defendant, at a location other than the dwelling?
Answer: No
,◉ A process must be left with a person of suitable age and
discretion. What does that mean? Answer: Need not be a family
member, must be mentally competent, and suitable age means a
person of an age and maturity to understand what is happening and
that the papers should be delivered to the defendant.
◉ Who is responsible for determining if a person is of suitable age
and discretion? How does that person determine that? Answer: The
person serving (deputy) is responsible. He/she determines that by
asking sufficient questions of the person.
◉ What is the definition of an "attorney/lawyer"? Answer: A person
who has graduated law school and passed the state bar.
◉ What is the definition of an "attorney of record?" Answer:
Attorney who has made at least one appearance in a court of record
for a specific client in a specific case.
◉ What is the definition of an "attorney-in-fact?" Answer: A person,
who does not necessarily have to be a lawyer and many times isn't,
who has the specific job of accepting service for another person, or
performing other designated duties and is specifically authorized by
a document called a "letter or power of attorney" to perform those
acts.
, ◉ What is the definition of an "agent for service?" Answer: Person,
not necessarily an attorney, who can specifically accept service of
process because of a job or position he holds for a company, or
through a document such as a "power of attorney" or appointment
as a process agent.
◉ What is the definition of a "registered agent?" Answer: An agent, a
representative, usually for a corporation, who is specifically named
and designated through the Secretary of State.
◉ What is the definition of a "managing agent?" Answer: A person
who has some management authority and responsibility in the
running of a business.
◉ What is the definition of a "guardian?" Answer: Person who is
lawfully invested with the power and charged with the duty to take
care of another person and/or their property.
◉ What is the definition of a "guardian ad litem?" Answer: Guardian
who is lawfully appointed for a specific suit or case; "Ad litem"
means "for the suit".
◉ What is the definition of "the holder of power of attorney?"
Answer: Power of attorney is a document legally authorizing
another person to act as a person's agent.
