NCCP Examina on Study Guide Ques ons and answers|
Updated RATED A+ 2026
Contracts
Define- An agreement or bargain struck between par es in which each party assumes a legal
duty to the other party.
Requirements- agreement (offer & acceptance), considera on, contractual capacity, and
legality.
Wills
Requirements- testamentary intent; legal capacity; free of fraud, duress, undue influence, or
mistake; and execu on (two witnesses + notary = self proving).
Trust
Requirements- inten on, subject ma.er, object.
Power of A.orney
Define- The authority to act for another person in legal or financial ma.ers or a legal document
giving such authority to someone.
Requirements- soundness of mind, witness, recording.
Complaint
Define- a pleading by a plain ff alleging the wrongdoing by the defendant.
Requirements- cap on, par es, statement of facts, request for relief, request for jury trial.
Affidavit
Define- A wri.en statement of facts confirmed by the oath or affirma on of the party making it.
Requirements- Must be made before a person having authority to administer oaths.
Answer
Define- a defendant's response to a plain ff's claim.
Requirements- admit/deny allega ons; raise defenses.
Interrogatories
,Define- A series of formal wri.en ques ons addressed to a party for discovery purposes to be
answered under oath.
Requirements- 50 individual interrogatories in total, answer w/in 30 days, sign verifica on.
Discovery Requests
Types- interrogatories, produc on of documents and things and entry upon land, request for
admissions, deposi ons and request for physical and mental examina on.
Requirements- deposi ons, subpoenas, validity of documents/opinions.
Mo ons
Define- oral or wri.en request made to a court to obtain a ruling or order.
Types- Mo on to Compel, Mo on for Summary Judgment, Mo on for Directed Verdict, Mo on
for Judgment Notwithstanding the Verdict, Mo on for a New Trial, Mo ons in Limine.
Requirements- No ce, Affidavit, Memorandum (if applicable), Service.
Separa on Agreement
Define- A contract between two married par es who are living separate and apart and plan to
divorce that deals with property, spousal support, and child custody
Requirements- living apart for @least 1 year and 1 day. Addresses property, spousal support,
and child custody (nonbonding).
Custody Agreement
Addresses legal and physical custody of a minor child using the best interests of the child legal
standard. Legal Custody allows the parent(s) to authorize decisions regarding the child such as
school, medical, and the overall welfare of the child; it can be sole or joint. Physical Custody is
where the child spends their me; it can be shared/joint (less than 123 overnights for visi ng
parent) or primary/secondary (each parent has 123 overnights).
Ar cles of Incorpora on
Define- The document filed with the appropriate state official, usually the Secretary of State,
when a business is incorporated.
Requirements- Corporate Name, Business Purpose, Registered Agent, Incorporator, # of
authorized shares of stock, share per value, preferred shares, directors, officers, legal address of
the co.
By-Laws
, Define- A set of governing rules adopted by a corpora on or other associa on.
Requirements- Name & Purpose of the Organiza on, Membership, Officers, Decision Making,
Mee ngs, Board of Directors.
Deeds
Requirements- Wri.en, Legal Capacity, Iden fies Grantor/Grantee. Includes clear legal
descrip on of the property, words of conveyance, signed by grantor and delivered to grantee.
Partnership Agreements- Sole Proprietorship,
Define- The owner is the business and has all the liability.
Requirements- If conduc ng business under a name, other than your own, file a Cer ficate of
Assumed Name @ the Register of Deeds office.
Partnership Agreements- General Partnership
Define- Two+ partners who are jointly and severally liable who own a business and share the
management, profits, and losses of the partnership.
Requirements- Cer ficate of Assumed Name and Partnership Agreement; if there is no
Partnership Agreement, ownership is equal.
Partnership Agreements- Limited Partnerships
Define- Consists of one+ general partners and one+ limited partners. General partners are
jointly and severally liable and manage the day to day opera ons of the partnership. Limited
partners are not involved in the management or opera ons of the partnership, therefore, their
liability is limited to the amount in the capital account.
Requirements- Cer ficate of Limited Partnership and Partnership Agreements.
Partnership Agreements- Non-profit Corpora ons
Define- trade associa ons, property owners associa ons, and charitable endeavors that has by-
laws, directors, and officers. There are no shareholders and they may or may not have
members.
Requirements- File Ar cles of Incorpora on w/ NC Secretary of State.
Partnership Agreements- For-profit Corpora ons
Define- an en ty separate and apart from its owners or "shareholders", can be any size, can
conduct basically and type of business. Liability is limited to shareholders contribu ons.
Requirements- File Ar cles of Incorpora on w/ NC Secretary of State.
Partnership Agreements- Limited Liability Companies (LLC)
Updated RATED A+ 2026
Contracts
Define- An agreement or bargain struck between par es in which each party assumes a legal
duty to the other party.
Requirements- agreement (offer & acceptance), considera on, contractual capacity, and
legality.
Wills
Requirements- testamentary intent; legal capacity; free of fraud, duress, undue influence, or
mistake; and execu on (two witnesses + notary = self proving).
Trust
Requirements- inten on, subject ma.er, object.
Power of A.orney
Define- The authority to act for another person in legal or financial ma.ers or a legal document
giving such authority to someone.
Requirements- soundness of mind, witness, recording.
Complaint
Define- a pleading by a plain ff alleging the wrongdoing by the defendant.
Requirements- cap on, par es, statement of facts, request for relief, request for jury trial.
Affidavit
Define- A wri.en statement of facts confirmed by the oath or affirma on of the party making it.
Requirements- Must be made before a person having authority to administer oaths.
Answer
Define- a defendant's response to a plain ff's claim.
Requirements- admit/deny allega ons; raise defenses.
Interrogatories
,Define- A series of formal wri.en ques ons addressed to a party for discovery purposes to be
answered under oath.
Requirements- 50 individual interrogatories in total, answer w/in 30 days, sign verifica on.
Discovery Requests
Types- interrogatories, produc on of documents and things and entry upon land, request for
admissions, deposi ons and request for physical and mental examina on.
Requirements- deposi ons, subpoenas, validity of documents/opinions.
Mo ons
Define- oral or wri.en request made to a court to obtain a ruling or order.
Types- Mo on to Compel, Mo on for Summary Judgment, Mo on for Directed Verdict, Mo on
for Judgment Notwithstanding the Verdict, Mo on for a New Trial, Mo ons in Limine.
Requirements- No ce, Affidavit, Memorandum (if applicable), Service.
Separa on Agreement
Define- A contract between two married par es who are living separate and apart and plan to
divorce that deals with property, spousal support, and child custody
Requirements- living apart for @least 1 year and 1 day. Addresses property, spousal support,
and child custody (nonbonding).
Custody Agreement
Addresses legal and physical custody of a minor child using the best interests of the child legal
standard. Legal Custody allows the parent(s) to authorize decisions regarding the child such as
school, medical, and the overall welfare of the child; it can be sole or joint. Physical Custody is
where the child spends their me; it can be shared/joint (less than 123 overnights for visi ng
parent) or primary/secondary (each parent has 123 overnights).
Ar cles of Incorpora on
Define- The document filed with the appropriate state official, usually the Secretary of State,
when a business is incorporated.
Requirements- Corporate Name, Business Purpose, Registered Agent, Incorporator, # of
authorized shares of stock, share per value, preferred shares, directors, officers, legal address of
the co.
By-Laws
, Define- A set of governing rules adopted by a corpora on or other associa on.
Requirements- Name & Purpose of the Organiza on, Membership, Officers, Decision Making,
Mee ngs, Board of Directors.
Deeds
Requirements- Wri.en, Legal Capacity, Iden fies Grantor/Grantee. Includes clear legal
descrip on of the property, words of conveyance, signed by grantor and delivered to grantee.
Partnership Agreements- Sole Proprietorship,
Define- The owner is the business and has all the liability.
Requirements- If conduc ng business under a name, other than your own, file a Cer ficate of
Assumed Name @ the Register of Deeds office.
Partnership Agreements- General Partnership
Define- Two+ partners who are jointly and severally liable who own a business and share the
management, profits, and losses of the partnership.
Requirements- Cer ficate of Assumed Name and Partnership Agreement; if there is no
Partnership Agreement, ownership is equal.
Partnership Agreements- Limited Partnerships
Define- Consists of one+ general partners and one+ limited partners. General partners are
jointly and severally liable and manage the day to day opera ons of the partnership. Limited
partners are not involved in the management or opera ons of the partnership, therefore, their
liability is limited to the amount in the capital account.
Requirements- Cer ficate of Limited Partnership and Partnership Agreements.
Partnership Agreements- Non-profit Corpora ons
Define- trade associa ons, property owners associa ons, and charitable endeavors that has by-
laws, directors, and officers. There are no shareholders and they may or may not have
members.
Requirements- File Ar cles of Incorpora on w/ NC Secretary of State.
Partnership Agreements- For-profit Corpora ons
Define- an en ty separate and apart from its owners or "shareholders", can be any size, can
conduct basically and type of business. Liability is limited to shareholders contribu ons.
Requirements- File Ar cles of Incorpora on w/ NC Secretary of State.
Partnership Agreements- Limited Liability Companies (LLC)
