PREMIUM UPDATE (2024-2025)|250
NC BLET CIVIL PROCESS BRAND NEW
EXAM QUESTIONS AND CORRECT
ANSWERS,ALL GRADED
A+|GUARANTEED SUCCESS|LATEST
UPDATE 2024-2025
Criminal action - ANSWER✅✅1. An action prosecuted by the State as a party,
against a person charged with a public offense, for the punishment thereof, or
2. An action prosecuted by the State, at the instance of an individual, to prevent an
apprehended crime against his person or property.3 Our law then defines a civil
action as simply everything else.
In civil actions, there is no? - ANSWER✅✅Arrest or issued citations
Also, when the civil court rules on an issue and issues a judgment, executing certain
types of civil process is the method by which the court enforces that judgment and
holds the losing party accountable. Without proper execution, judgments are simply?
- ANSWER✅✅words on paper; they have no force and effect in the real world
Additionally, certain types of civil process allow the parties to maintain the balance
between them, otherwise known as? - ANSWER✅✅the status quo, while a civil
action is pending
What are the primary functions of civil process? - ANSWER✅✅1. giving notice,
2. preserving the status quo,
3. providing remedies for parties, and
4. enforcing decisions of the courts.
, The forum where civil actions play out is called, appropriately - ANSWER✅✅Civil
court
What are the three venues of civil court in North Carolina? - ANSWER✅✅1. Small
claims court - magistrate court
2. District court
3. Superior court
What are the fee's for each type of civil court? - ANSWER✅✅For Superior Court:
$200.00
For District Court: $150.00
For Small Claims: $96.00
50B and 50C actions must be filed in - ANSWER✅✅District court
There are some exceptions for filing fees, what are they? - ANSWER✅✅Actions for
domestic violence protective orders and civil no-contact orders do not require the
plaintiff to pay a filing fee to the clerk
Most civil actions begin with? - ANSWER✅✅the filing of a complaint or petition and
the issuance of a summons. The notable exception to this is the Notice of Hearing in
foreclosures under power of sale, which will be discussed below
The Clerk of Court, where the action (lawsuit) has been commenced, is responsible
for? - ANSWER✅✅Issuing the summons
For most of the pieces of civil process, the form number takes what format? -
ANSWER✅✅AOC-CV-0000, where "CV" standard for civil. The AOC form number
can be found in the bottom left corner of the form
If law enforcement officers are serving items of civil process, there is a $___.___ fee
for service, to be collected in advance - ANSWER✅✅$30.00
If law enforcement officers are serving items of civil process the fee is paid? -
ANSWER✅✅per party to be served by the item of civil process. For instance, if
multiple items of civil process are to be served on only one (1) party, only $30.00 is
collected. However, if one (1) item of civil process is to be served on two (2) parties,
a fee of $60.00 is collected, on three (3) parties a fee of $90.00, and so on ($30.00
for each party to be served)
There is NO service fee for service of items of civil process connected with? -
ANSWER✅✅Domestic Violence Protective Orders (50B Orders) or Civil No- Contact
Orders (50C)
Magistrate's summons (AOC-CVM-100) - ANSWER✅✅1. This summons is issued
when a plaintiff files a complaint to be heard in small claims court by a magistrate.
, This type of summons is issued in small claims actions. A small claims action is a civil
case for $10,000 or less where the plaintiff seeks money, recovery of personal
property, summary ejectment, or any combination thereof.
2. The summons tells the defendant that the next step to be taken is to come to the
trial at the date, time, and place indicated on the summons.
Civil summons (AOC-CV-100) - ANSWER✅✅a) This summons is issued when a
plaintiff files a complaint to begin an ordinary civil action in district or superior court.
b) The summons tells the defendant to file a written "answer" to the plaintiff's
lawsuit or appear the time restrictions for doing so (30 days after service), and the
possible consequences for the failure to take action.
c) An answer is a response to the plaintiff's complaint.
d) If a defendant fails to file an answer within the appropriate time, a default
judgment may be entered, which means that a judgment in favor of the plaintiff for
the amount of relief the plaintiff sought in the complaint will be entered without a
trial.
Special proceedings summons (AOC-SP-100) - ANSWER✅✅a) This summons is
issued when a party initiates a special proceeding.27 A special proceeding is heard
initially by the clerk and includes such proceedings as adoptions, adjudications of
incompetence, name changes, etc.
b) In a special proceeding, the plaintiff is called a petitioner, the defendant is called a
respondent, and the complaint is called a petition.
c) The summons directs the defendant to appear and answer the plaintiff's petition
within ten (10) days of being served.
Partition proceeding summons (AOC-SP-101) - ANSWER✅✅An action to partition
real property is also a special proceeding. This summons is used when multiple
parties own an undivided piece of land and want to split it up
The main difference between a partition proceeding summons and an ordinary
special proceedings summons is that the defendant has 30 days from service to
answer instead of ten (10) days
A foreclosure is where the holder of a mortgage or deed of trust against real
property asks the court to order sale of that property to? - ANSWER✅✅Regain title
over it or to satisfy any outstanding amount owing on the mortgage or deed of trust
There is no AOC standard form for the notice of hearing in a? - ANSWER✅✅Power
of sale foreclosure
Juvenile summons (undisciplined/delinquent) (AOC-J-340) - ANSWER✅✅This
juvenile summons is issued when a juvenile proceeding is initiated against a juvenile
for delinquency (which means the juvenile is alleged to have committed an act that
would be a crime if he or she were an adult.)