Nc BLET State Exam Study Guide/176 Questions
With Verified Answers (Rated A+)
Quiz :State the function and purpose of civil process. - √Answer :Primary
function: 1. Giving notice 2. preserving the status quo. 3. Providing remedies
for parties. 4. Enforcing decisions of the courts.
Quiz :State the purpose of civil process - √Answer :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.
Quiz :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. - √Answer :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.
Quiz :Standard fees for services of the process: - √Answer :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
Quiz :Identify the various types of civil process as provided in the lesson plan. -
√Answer :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.
,Quiz :State what is required for select types of civil process to be considered
valid - √Answer :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.
Quiz :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. - √Answer :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.
Quiz :Demonstrate how to make a proper return of the civil process -
√Answer :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.
Quiz :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. -
√Answer :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.
,Quiz :as provided in the lesson plan identify the following prejudgment
remedies. - √Answer :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.
.
Quiz :identify the post- judgment remedy of execution - √Answer :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.
Quiz :As provided in the lesson plan identify the reoccurring issues with the
following circumstances - √Answer :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.
Quiz :Define human trafficking according to federal and state law. -
√Answer :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.
Quiz :Define sex trafficing - √Answer :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.
Quiz :compare and contrast human trafficking and human smuggling. -
√Answer :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
Quiz :Define and describe the dynamics of human trafficking and thier
traumatic effects upon victims. - √Answer :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
Quiz :as provided in the lesson plan identify various forms of exploitations
associated with human trafficing - √Answer :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.
Quiz :state the strategies for victim identification - √Answer :1. domestic
violence crime
2. labor disputes
3. prostitution and pimping offenses
4. shoplifting
5. cases of assault.
Quiz :identify and discuss methods of effective response to human trafficking
as provided in the lesson plan - √Answer :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