Civil Process Examination
Questions and Complete
Solutions Graded A+
What is civil process? - Answer: Civil Process is a term that covers the service of
pleadings,motions,orders, and other papers on a party in a civil case and the service of writs to enforce
judgements entered by a court.
Describe the two parties to a civil lawsuit. - Answer: There is generally a plaintiff and a defendant. The
plaintiff is the party bringing the lawsuit and the defendant is the person or entity the plaintiff is suing. A
civil action begins when the plaintiff files a complaint with the clerk of superior court.
Serving Summonses- Described - Answer: when a plaintiff files a complaint with the clerk of court, a
summons is issued to the defendant. UNDER LAW, THE SUMMONS MUST BE ISSUED WITHIN FIVE DAYS
AFTER THE COMPLAINT IS FILED. Usually it is issued immediately.
When does a civil action begin? - Answer: A civil action begins when the plaintiff files a complaint with
the clerk of superior court.
What is a complaint? - Answer: The complaint is thought of as the lawsuit itself. The document indicates
who is being sued, why, and for what legal reason. Also for what "remedy" is desired.
ex- "Ms. Roe owes Mr.Doe $250 for a stereo she purchased from him."
Complaints must have certain information on them to make them valid.
(T or F) Valid service of a summons gives the court jurisdiction over the defendant. - Answer: (True) The
govt. must have jurisdiction to enforce law. This is accomplished by serving a summons or giving valid
notice of what is happening.
Ex- The delivery of information is the court's way of telling the defendant "you have been told about this
case." This is what due process essentially is.
, What are the two types of jurisdiction? - Answer: The two types of jurisdiction are "in personam" and "in
rem" jurisdiction.
"in personam" means there is jurisdiction created over the person.
"in rem" jurisdiction means there is jurisdiction over the "thing" or in this case, property.
Certain papers need particular types of jurisdiction. That is why they must be served in different ways.
What are the types of summonses? - Answer: -magistrates summons
-civil summons
-special proceedings summons
-juvenile summons
-summons in proceeding to terminate parental rights
Describe a magistrates summons... - Answer: This summons is issued when a plaintiff files a complaint to
be heard in small claims court by a magistrate.
THERE ARE THREE TYPES OF COMPLAINTS SMALL CLAIMS COURT HAS JURISDICTION TO HANDLE.
They are civil cases for $5,000 or less in which the plaintiff SEEKS MONEY, POSSESSION OF PERSONAL
PROPERTY, OR SUMMARY EJECTMENT.
The magistrates summons tells the defendant to come to court on the date, time, and place mentioned.
Describe a civil summons... - Answer: VALID FOR 60 DAYS
This summons is issued when a plaintiff files a complaint to begin a civil action in district or superior
court. (any civil case, such as, malpractice, family law negligence, child support etc...)
Questions and Complete
Solutions Graded A+
What is civil process? - Answer: Civil Process is a term that covers the service of
pleadings,motions,orders, and other papers on a party in a civil case and the service of writs to enforce
judgements entered by a court.
Describe the two parties to a civil lawsuit. - Answer: There is generally a plaintiff and a defendant. The
plaintiff is the party bringing the lawsuit and the defendant is the person or entity the plaintiff is suing. A
civil action begins when the plaintiff files a complaint with the clerk of superior court.
Serving Summonses- Described - Answer: when a plaintiff files a complaint with the clerk of court, a
summons is issued to the defendant. UNDER LAW, THE SUMMONS MUST BE ISSUED WITHIN FIVE DAYS
AFTER THE COMPLAINT IS FILED. Usually it is issued immediately.
When does a civil action begin? - Answer: A civil action begins when the plaintiff files a complaint with
the clerk of superior court.
What is a complaint? - Answer: The complaint is thought of as the lawsuit itself. The document indicates
who is being sued, why, and for what legal reason. Also for what "remedy" is desired.
ex- "Ms. Roe owes Mr.Doe $250 for a stereo she purchased from him."
Complaints must have certain information on them to make them valid.
(T or F) Valid service of a summons gives the court jurisdiction over the defendant. - Answer: (True) The
govt. must have jurisdiction to enforce law. This is accomplished by serving a summons or giving valid
notice of what is happening.
Ex- The delivery of information is the court's way of telling the defendant "you have been told about this
case." This is what due process essentially is.
, What are the two types of jurisdiction? - Answer: The two types of jurisdiction are "in personam" and "in
rem" jurisdiction.
"in personam" means there is jurisdiction created over the person.
"in rem" jurisdiction means there is jurisdiction over the "thing" or in this case, property.
Certain papers need particular types of jurisdiction. That is why they must be served in different ways.
What are the types of summonses? - Answer: -magistrates summons
-civil summons
-special proceedings summons
-juvenile summons
-summons in proceeding to terminate parental rights
Describe a magistrates summons... - Answer: This summons is issued when a plaintiff files a complaint to
be heard in small claims court by a magistrate.
THERE ARE THREE TYPES OF COMPLAINTS SMALL CLAIMS COURT HAS JURISDICTION TO HANDLE.
They are civil cases for $5,000 or less in which the plaintiff SEEKS MONEY, POSSESSION OF PERSONAL
PROPERTY, OR SUMMARY EJECTMENT.
The magistrates summons tells the defendant to come to court on the date, time, and place mentioned.
Describe a civil summons... - Answer: VALID FOR 60 DAYS
This summons is issued when a plaintiff files a complaint to begin a civil action in district or superior
court. (any civil case, such as, malpractice, family law negligence, child support etc...)
