NC BLET Civil Process (In
progress...already 70+
Questions and Complete
Solutions Graded A+)
By statute, who can serve a civil process? - Answer: Any officer can serve a civil process. Per NCGS 160A-
285, municipal officers do have the authority to "serve civil and/or criminal process" directed to them.
What does the term civil process mean? - Answer: It refers to the writs, summonses, motions, petitions,
orders, etc., filed or issued by the civil courts to assist them in carrying out the functions assigned to
them by state law,
There are four primary functions served by civil processes. What are they? - Answer: Notice, preserve
the status quo, provide remedies for parties, and enforce decision of the courts.
What can be the effect of a deputy failing to properly execute civil process duties? - Answer: Persons
affected lose confidence in the ability of the sheriff to perform his/her job and may end up suing the
Sheriff and his officers.
How many parties are generally involved in a civil suit? What are the parties called? - Answer: 2 parties
in a civil suit. The Plaintiff and the defendant.
When does a civil action begin? - Answer: When the plaintiff files a complaint with the Clerk of Superior
Court.
Under law, when must a civil summons be issued? - Answer: Within 5 days of after the complaint is filed.
Civil summonses are, by law, are issued within 5 days after the complaint is filed; however, as a practical
matter when are they almost always issued? - Answer: Immediately.
What is the definition of a summons? - Answer: Notification of service.
, What is the definition of a complaint? - Answer: The initial or first pleading that states the reasons for
the lawsuit itself.
What are the two types of legal jurisdiction? - Answer: In Personam and In Rem.
What does In Personam mean? - Answer: Jurisdiction over the person.
What does In Rem mean? - Answer: Jurisdiction over the "thing", or property.
In the case of a 50B that is issued, who has jurisdiction? - Answer: The state has jurisdiction, not the
court. The 50B is valid anywhere in the state.
What does the acronym AOC stand for? - Answer: Administrative Office of the Court.
A service is considered to not be valid unless it is served with what? - Answer: All necessary documents
such as complaint, petition, notice or other process documents.
What kind of summons does AOC-CVM-100 refer to? - Answer: Magistrates Summons. (the M in cvM)
When must any summons be served? - Answer: By the court date stated on the document.
There are three types of complains that small claims courts (where magistrates summons are issued),
what are they? - Answer: Civil cases of $10,000 or less in which the plaintiff seeks money, possession of
personal property, summary ejectment (eviction) or any combination of these claims.
Service of a summons must be must be made prior to the court date set on its face. However, if,
possible, service should be made when? - Answer: So as to provide the person served with at least 5
days notice prior to the trial date.
What summons does AOC-CV-100 refer to? - Answer: Civil Summons (the CV stands for civil).
progress...already 70+
Questions and Complete
Solutions Graded A+)
By statute, who can serve a civil process? - Answer: Any officer can serve a civil process. Per NCGS 160A-
285, municipal officers do have the authority to "serve civil and/or criminal process" directed to them.
What does the term civil process mean? - Answer: It refers to the writs, summonses, motions, petitions,
orders, etc., filed or issued by the civil courts to assist them in carrying out the functions assigned to
them by state law,
There are four primary functions served by civil processes. What are they? - Answer: Notice, preserve
the status quo, provide remedies for parties, and enforce decision of the courts.
What can be the effect of a deputy failing to properly execute civil process duties? - Answer: Persons
affected lose confidence in the ability of the sheriff to perform his/her job and may end up suing the
Sheriff and his officers.
How many parties are generally involved in a civil suit? What are the parties called? - Answer: 2 parties
in a civil suit. The Plaintiff and the defendant.
When does a civil action begin? - Answer: When the plaintiff files a complaint with the Clerk of Superior
Court.
Under law, when must a civil summons be issued? - Answer: Within 5 days of after the complaint is filed.
Civil summonses are, by law, are issued within 5 days after the complaint is filed; however, as a practical
matter when are they almost always issued? - Answer: Immediately.
What is the definition of a summons? - Answer: Notification of service.
, What is the definition of a complaint? - Answer: The initial or first pleading that states the reasons for
the lawsuit itself.
What are the two types of legal jurisdiction? - Answer: In Personam and In Rem.
What does In Personam mean? - Answer: Jurisdiction over the person.
What does In Rem mean? - Answer: Jurisdiction over the "thing", or property.
In the case of a 50B that is issued, who has jurisdiction? - Answer: The state has jurisdiction, not the
court. The 50B is valid anywhere in the state.
What does the acronym AOC stand for? - Answer: Administrative Office of the Court.
A service is considered to not be valid unless it is served with what? - Answer: All necessary documents
such as complaint, petition, notice or other process documents.
What kind of summons does AOC-CVM-100 refer to? - Answer: Magistrates Summons. (the M in cvM)
When must any summons be served? - Answer: By the court date stated on the document.
There are three types of complains that small claims courts (where magistrates summons are issued),
what are they? - Answer: Civil cases of $10,000 or less in which the plaintiff seeks money, possession of
personal property, summary ejectment (eviction) or any combination of these claims.
Service of a summons must be must be made prior to the court date set on its face. However, if,
possible, service should be made when? - Answer: So as to provide the person served with at least 5
days notice prior to the trial date.
What summons does AOC-CV-100 refer to? - Answer: Civil Summons (the CV stands for civil).
