CIVIL PROCESS EXAM QUESTIONS
AND ANSWERS 100% ACCURATE
What is civil process? - ANSWER-Civil Process is a term that covers the service of
pleadings,motions,orders, and other papers on a party in a civil case and the service of
writs to enforce judgements entered by a court.
Describe the two parties to a civil lawsuit. - ANSWER-There is generally a plaintiff and a
defendant. The plaintiff is the party bringing the lawsuit and the defendant is the person
or entity the plaintiff is suing. A civil action begins when the plaintiff files a complaint with
the clerk of superior court.
Serving Summonses- Described - ANSWER-when a plaintiff files a complaint with the
clerk of court, a summons is issued to the defendant. UNDER LAW, THE SUMMONS
MUST BE ISSUED WITHIN FIVE DAYS AFTER THE COMPLAINT IS FILED. Usually it
is issued immediately.
When does a civil action begin? - ANSWER-A civil action begins when the plaintiff files
a complaint with the clerk of superior court.
What is a complaint? - ANSWER-The complaint is thought of as the lawsuit itself. The
document indicates who is being sued, why, and for what legal reason. Also for what
"remedy" is desired.
ex- "Ms. Roe owes Mr.Doe $250 for a stereo she purchased from him."
Complaints must have certain information on them to make them valid.
(T or F) Valid service of a summons gives the court jurisdiction over the defendant. -
ANSWER-(True) The govt. must have jurisdiction to enforce law. This is accomplished
by serving a summons or giving valid notice of what is happening.
Ex- The delivery of information is the court's way of telling the defendant "you have
been told about this case." This is what due process essentially is.
What are the two types of jurisdiction? - ANSWER-The two types of jurisdiction are "in
personam" and "in rem" jurisdiction.
"in personam" means there is jurisdiction created over the person.
"in rem" jurisdiction means there is jurisdiction over the "thing" or in this case, property.
, Certain papers need particular types of jurisdiction. That is why they must be served in
different ways.
What are the types of summonses? - ANSWER--magistrates summons
-civil summons
-special proceedings summons
-juvenile summons
-summons in proceeding to terminate parental rights
Describe a magistrates summons... - ANSWER-This summons is issued when a plaintiff
files a complaint to be heard in small claims court by a magistrate.
THERE ARE THREE TYPES OF COMPLAINTS SMALL CLAIMS COURT HAS
JURISDICTION TO HANDLE.
They are civil cases for $5,000 or less in which the plaintiff SEEKS MONEY,
POSSESSION OF PERSONAL PROPERTY, OR SUMMARY EJECTMENT.
The magistrates summons tells the defendant to come to court on the date, time, and
place mentioned.
Describe a civil summons... - ANSWER-VALID FOR 60 DAYS
This summons is issued when a plaintiff files a complaint to begin a civil action in district
or superior court. (any civil case, such as, malpractice, family law negligence, child
support etc...)
This summons tells the defendant that the next step to be taken is to file a written
"answer" to the lawsuit with the clerk of superior court and also how long they have to
do so.
ANSWER MUST BE SUBMITTED WITHIN 30 DAYS OF BEING SERVED
In the answer, the defendant states what his side of the story is. If he fails to answer a
default judgement is issued automatically without trial and the plaintidd will get the
money he originally sought.
Describe a special proceedings summons... - ANSWER-A special proceeding is heard
initially by the clerk. In includes such proceedings as adoptions, adjudications of
incompetence, name changes, selling property belonging to a decedents estate.
In special proceedings, the plaintiff is called a petitioner and the defendant is called a
respondent.
the complaint is called a petition or a motion
AND ANSWERS 100% ACCURATE
What is civil process? - ANSWER-Civil Process is a term that covers the service of
pleadings,motions,orders, and other papers on a party in a civil case and the service of
writs to enforce judgements entered by a court.
Describe the two parties to a civil lawsuit. - ANSWER-There is generally a plaintiff and a
defendant. The plaintiff is the party bringing the lawsuit and the defendant is the person
or entity the plaintiff is suing. A civil action begins when the plaintiff files a complaint with
the clerk of superior court.
Serving Summonses- Described - ANSWER-when a plaintiff files a complaint with the
clerk of court, a summons is issued to the defendant. UNDER LAW, THE SUMMONS
MUST BE ISSUED WITHIN FIVE DAYS AFTER THE COMPLAINT IS FILED. Usually it
is issued immediately.
When does a civil action begin? - ANSWER-A civil action begins when the plaintiff files
a complaint with the clerk of superior court.
What is a complaint? - ANSWER-The complaint is thought of as the lawsuit itself. The
document indicates who is being sued, why, and for what legal reason. Also for what
"remedy" is desired.
ex- "Ms. Roe owes Mr.Doe $250 for a stereo she purchased from him."
Complaints must have certain information on them to make them valid.
(T or F) Valid service of a summons gives the court jurisdiction over the defendant. -
ANSWER-(True) The govt. must have jurisdiction to enforce law. This is accomplished
by serving a summons or giving valid notice of what is happening.
Ex- The delivery of information is the court's way of telling the defendant "you have
been told about this case." This is what due process essentially is.
What are the two types of jurisdiction? - ANSWER-The two types of jurisdiction are "in
personam" and "in rem" jurisdiction.
"in personam" means there is jurisdiction created over the person.
"in rem" jurisdiction means there is jurisdiction over the "thing" or in this case, property.
, Certain papers need particular types of jurisdiction. That is why they must be served in
different ways.
What are the types of summonses? - ANSWER--magistrates summons
-civil summons
-special proceedings summons
-juvenile summons
-summons in proceeding to terminate parental rights
Describe a magistrates summons... - ANSWER-This summons is issued when a plaintiff
files a complaint to be heard in small claims court by a magistrate.
THERE ARE THREE TYPES OF COMPLAINTS SMALL CLAIMS COURT HAS
JURISDICTION TO HANDLE.
They are civil cases for $5,000 or less in which the plaintiff SEEKS MONEY,
POSSESSION OF PERSONAL PROPERTY, OR SUMMARY EJECTMENT.
The magistrates summons tells the defendant to come to court on the date, time, and
place mentioned.
Describe a civil summons... - ANSWER-VALID FOR 60 DAYS
This summons is issued when a plaintiff files a complaint to begin a civil action in district
or superior court. (any civil case, such as, malpractice, family law negligence, child
support etc...)
This summons tells the defendant that the next step to be taken is to file a written
"answer" to the lawsuit with the clerk of superior court and also how long they have to
do so.
ANSWER MUST BE SUBMITTED WITHIN 30 DAYS OF BEING SERVED
In the answer, the defendant states what his side of the story is. If he fails to answer a
default judgement is issued automatically without trial and the plaintidd will get the
money he originally sought.
Describe a special proceedings summons... - ANSWER-A special proceeding is heard
initially by the clerk. In includes such proceedings as adoptions, adjudications of
incompetence, name changes, selling property belonging to a decedents estate.
In special proceedings, the plaintiff is called a petitioner and the defendant is called a
respondent.
the complaint is called a petition or a motion
