Civil Process Exam Questions
and Complete Solutions
Graded A+
Civil Processes - Answer: refers to writs, summons, motions, petitions, orders etc filed or issued by the
civil courts to assist them in carrying out functions assigned by state law
4 Primary Functions served by civil processes - Answer: notice, preserve the status quo, provide
remedies for parties, enforce decisions of the court
due process starts with? - Answer: Notice
Proper service of summons - Answer: allow civil court to operate effectively
2 parties in civil lawsuit - Answer: Plaintiff(files), Defendant(being sued)
Civil Actions Begins when? - Answer: complaint filed with Clerk of Superior Courts
After filing, how long before summons must be issued - Answer: within 5 days after complaint filed
(almost immediate in most counties)
what is the complaint - Answer: reason for lawsuit filed by plaintiff, notes who is suing, why and what
legal remedy or recovery is requested. not excessively detailed
complaint formats - Answer: small claims (fill in blank), civil summons (typed on blank sheets by
attorneys often)
what gives court jurisdiction - Answer: valid service of the summons
, why must gov't give notice? - Answer: 4th amendment (unreasonable seizures), 5th amendment (due
process)
complete services includes? - Answer: summons, complaint, petition notice or other processes attached
Magistrates Summons - Answer: AOC-CVM-100, small claims court for civil cases 10,000 or less (money,
possession of personal property, summary ejectment or any combo of these claims, 5 day notice of trial
required, details next step of trial,
Civil Summons - Answer: AOC-CV-100, district or superior court, breach of peace, child support, family
law matters, malpractice, negligence, restraining orders, injunctions, divorce, tells defendant to submit
written answer to lawsuit (failure =default judgement in favor of plaintiff)
Special Proceedings Summons - Answer: AOC-SP-100, heard by Clerk initially, adoptions, names changes,
estates,wills, foreclosure, plaintiff/petitioner, defendant/respondent, petition/motion, written answer
filed within 10 days, Plaintiff can demand immediate service
Notice of Foreclosure - Answer: involves mortgage co/deed of trust and entitled owner,service within 10
days , clerk or court hearing,
Posting notice of foreclosure time frame - Answer: 20 days or more acceptable,
In persona - Answer: in person
in rem - Answer: posting papers
Juvenile Summons - Answer: AOC J 340, child suspect, juvenile delinquent/undisciplined, delivered
personally to juvey and each named within 5 days
AOC J 142, juvenile suspected of being abused or neglected
AOC J 208, terminate parental rights, respondent has 30 days to reply to clerk, requires paper to delivery
to juvey or responsible adult as well
and Complete Solutions
Graded A+
Civil Processes - Answer: refers to writs, summons, motions, petitions, orders etc filed or issued by the
civil courts to assist them in carrying out functions assigned by state law
4 Primary Functions served by civil processes - Answer: notice, preserve the status quo, provide
remedies for parties, enforce decisions of the court
due process starts with? - Answer: Notice
Proper service of summons - Answer: allow civil court to operate effectively
2 parties in civil lawsuit - Answer: Plaintiff(files), Defendant(being sued)
Civil Actions Begins when? - Answer: complaint filed with Clerk of Superior Courts
After filing, how long before summons must be issued - Answer: within 5 days after complaint filed
(almost immediate in most counties)
what is the complaint - Answer: reason for lawsuit filed by plaintiff, notes who is suing, why and what
legal remedy or recovery is requested. not excessively detailed
complaint formats - Answer: small claims (fill in blank), civil summons (typed on blank sheets by
attorneys often)
what gives court jurisdiction - Answer: valid service of the summons
, why must gov't give notice? - Answer: 4th amendment (unreasonable seizures), 5th amendment (due
process)
complete services includes? - Answer: summons, complaint, petition notice or other processes attached
Magistrates Summons - Answer: AOC-CVM-100, small claims court for civil cases 10,000 or less (money,
possession of personal property, summary ejectment or any combo of these claims, 5 day notice of trial
required, details next step of trial,
Civil Summons - Answer: AOC-CV-100, district or superior court, breach of peace, child support, family
law matters, malpractice, negligence, restraining orders, injunctions, divorce, tells defendant to submit
written answer to lawsuit (failure =default judgement in favor of plaintiff)
Special Proceedings Summons - Answer: AOC-SP-100, heard by Clerk initially, adoptions, names changes,
estates,wills, foreclosure, plaintiff/petitioner, defendant/respondent, petition/motion, written answer
filed within 10 days, Plaintiff can demand immediate service
Notice of Foreclosure - Answer: involves mortgage co/deed of trust and entitled owner,service within 10
days , clerk or court hearing,
Posting notice of foreclosure time frame - Answer: 20 days or more acceptable,
In persona - Answer: in person
in rem - Answer: posting papers
Juvenile Summons - Answer: AOC J 340, child suspect, juvenile delinquent/undisciplined, delivered
personally to juvey and each named within 5 days
AOC J 142, juvenile suspected of being abused or neglected
AOC J 208, terminate parental rights, respondent has 30 days to reply to clerk, requires paper to delivery
to juvey or responsible adult as well
