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Nc BLET State Exam Study Guide With A+Solutions
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Nc BLET State Exam Study Guide WithA+Solutions
State the function and purpose of civil process. - ANS-Primary function: 1. Giving notice
2. preserving the status quo. 3. Providing remedies for parties. 4. Enforcing decisions of
the courts.
State the purpose of civil process - ANS-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.
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. - ANS-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.
Standard fees for services of the process: - ANS-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
Identify the various types of civil process as provided in the lesson plan. -
ANS-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.
,State what is required for select types of civil process to be considered valid -
ANS-1.copy of the complaint or petition and all other necessary court documents
2.summons, 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.
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. - ANS-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.
Demonstrate how to make a proper return of the civil process - ANS-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.
State the time limits for service of various types of civil process and demonstrate how to
compute the time limit in which to serve civil process. - ANS-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.
as provided in the lesson plan identify the following prejudgment remedies. -
ANS-1.attachment= 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 personal
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.
.
identify the post- judgment remedy of execution - ANS-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.
As provided in the lesson plan identify the reoccurring issues with the following
circumstances - ANS-1. Bankruptcies= defendant has filed for bankruptcy protection the
deputy should not attempt to service the summons.
2. repossessions: call about a vehicle theft in progress, or about 2 people arguing over
a vehicle and the call turns out to be an attempted repossession.
3. evictions: occasionally a hotel guest may refuse to leave the lodging if the occupant is
not a guest but a residential tenant the occupant can only be removed through summary
ejectment procedures.
4. child custody order: one parent is granted custody of the child to the exclusion of the
other parent or parents have joint custody and one parent is nor complying with the
court order.
Define human trafficking according to federal and state law. - ANS-Human trafficking
commonly referred to as "modern-day slavery" is a global phenomenon that involves
obtaining or maintaining the labor or services of another through the use of force, fraud,
or coercion, in violation of an individual's human rights.
Define sex trafficing - ANS-the recruitment, harboring , transportation, provision or
obtaining of a person for the purpose of commercial sex act in which the commercial
sex act is induced by force, fraud , or coercion, or in which the person induced to
perform such act is under 18 years of age.
compare and contrast human trafficking and human smuggling. - ANS-The key
distinction between human trafficking and smuggling lies in the individual's freedom of
choice.
A person may choose and arrange to be smuggled into a country, but when a person is
forced into a situation of exploitations where their freedom is taken away they are a
, victim of human trafficking
Define and describe the dynamics of human trafficking and thier traumatic effects upon
victims. - ANS-operate on a small, local scale with one trafficker and one victim where
there is a little or no connection with other traffickers to a large-scale international
business with many different players involved in the trafficking.
trauma= coping or survival mechanisms may result in the victim feeling loyalty gratitude
or dependence upon an individual related to the trafficking operation
as provided in the lesson plan identify various forms of exploitations associated with
human trafficing - ANS-1.sexual exploitations: brothels, massage parlors, phonography
productions, street prostitution
2.Labor exploitations: agricultural, cleaning services, construction, domestic servitude,
exotic dancing, factory, restaurant work
3. service marriage ( mail order brides) some trafficking hide their operations by posing
as marriage brokerage services.
state the strategies for victim identification - ANS-1. domestic violence crime
2. labor disputes
3. prostitution and pimping offenses
4. shoplifting
5. cases of assault.
identify and discuss methods of effective response to human trafficking as provided in
the lesson plan - ANS-1.reactive approach: may uncover trafficking's while addressing
other crimes or call for assistance
2. Proactive approach: by identifying possible situations or business in your community
where you suspect human trafficking may be taking place
3. all responses: it is important to remember that not only the traffickers but those who
seek to purchase the services of trafficking victims must be held accountable.
list available assistance for victims - ANS-1. National human tracking hotline
2. legal aid of North Carolina
3. social services and assistance
list possible recourses for law enforcement for human trafficking - ANS-1. trafficking's
information and referral hotline
2. fbi
3. ice
4. sbi
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