NC BLET State Exam Study Guide 2023

NC BLET State Exam Study Guide 2023 1. State the function and purpose of civil process.: Primary function: 1. Giving notice 2. preserving the status quo. 3. Providing remedies for parties. 4. Enforcing decisions of the courts. 2. State the purpose of civil process: Civil actions, there is no arrest or issued citation. Non- criminal actions, there must be a way to notify the defendant that claims that have been alleged against them by the plaintiff and what the must do to respond. 3. State how to access the North Carolina administrative office of the court's standard forms for civil process and describe the standard fee for service of that process by law enforcement.: The referenced form number can be entered in the form number field on the AOC'S webpage and a copy of that civil process will be retrieved in fillable PDF format. 4. Standard fees for services of the process:: If a law enforcement officer is serving items of the civil process there is a 30.00 fee for service to be collected in advance. This fee is the fee per party to be served by the item of civil process. Only 1 party only 30.00 is collected however 1 item of the civil process is to be served on two parties a fee of 60.00 is collected 3 parties is a fee of 90.00 5. Identify the various types of civil process as provided in the lesson plan.: 1. Magistrate's summons (aoc-cvm-100) 2. Civil summons ( aoc-cv-100) 3. Special proceeding summons( aoc-sp-100) 4. partition proceedings summons ( aoc-sp-101) 5. notice of hearing- power of sale forecloser. 6. Juvenile summons ( undisciplined/delinquent) ( aoc-j-340) 7. juvenile summons ( abuse/neglect/dependent) ( aoc-j-142) 8. Summons in proceeding to terminate parental right( aoc-j-208) 9. subpoena (aoc-g-100) 10. domestic violence (50 b) civil process 11. civil no contact ( 50-c) civil process 12. workplace violence prevention civil process. 6. State what is required for select types of civil process to be considered valid: of the complaint or petition and all other necessary court documents ns, must be served on each name defendant 3. printed on the aoc form to the check the governing statue to determine what must be attached and served 4. enough copies included to be served on each of the parties named for service. 7. State how to properly serve the civil process on the different types of parties to a civil suit, beginning with an ordinary civil summons and then moon g on to special item of civil process.: 1. Ordinary civil summons: is personal service , leaving copy of the complain and summons at the defendants home with someone of suitable age and ( mentally competent) or specified agent. 8. Demonstrate how to make a proper return of the civil process: the sheriff must certify in his return that the process has been served, showing the place, time, and manner of service this answers the questions of who, where, why , what, how, when. 9. State the time limits for service of various types of civil process and demon- strate how to compute the time limit in which to serve civil process.: 1. ordinary civil summons= 60 days from the date it is issued. 2. Magistrate summons= 60 days, served no late than 5 days before the date scheduled for hearing. 3. Magistrate summons in a summary ejectment action= 5 days form the issuance of the summons and at least 2 days before the date of the scheduled hearing 4. juvenile summons ( undisciplined/ delinquent)= served not less than 5 days before the scheduled hearing. after 30 days if not served it should be immediately returned to the issuing clerk. 5. Juvenile summons ( abuse/ neglect/ dependent)= served not less than 5 days before the scheduled hearing date. 6. Notice of hearing the foreclosure under power sale= served not less than 10 days, via posting must be done lo later than 20 days. 7. domestic violence civil summons= expire after 60 days. 10. as provided in the lesson plan identify the following prejudgment reme- dies.: hment= seizure of a debtor's real or personal property sufficient in amount to satisfy a judgment. 2. garnishment= proceeding is to discover and subject to attachment tangible per- sonal property of the defendant, not in his/ her possession, but the possession of another person and any indebtedness 3. claim and delivery= is to claim the immediate delivery of certain specified personal property. . 11. identify the post- judgment remedy of execution: 1. executions against the property: the sheriff is to seize the personal property to sell to satisfy the outstanding judgment. 2. executions against the person: civil order for arrest and are very specific in nature and rare. issued when there is reason to believe the judgment debtor is about to flee the jurisdiction to avoid paying the judgment or has concealed assets to defraud creditors. 3. executions for delivery of specific property: execution is against property which requires levy on and sale of personal or real property to satisfy a judgment.