FSP Civ Pro
Card Set Information
FSP Civ Pro
civil procedure bar
Civ Pro from bar points
District court has jurisdiction over what types of cases?
claim for $10,000 or less
terminate parental rights
below the grade of felony
Protection of the abused, neglected, or exploited disabled adult act
commit the mentally ill
family law cases
Superior court has jurisdication over what types of cases?
amount exceeds $10,000
probate of wills and admin of estates
principal relief sought is injunctive, declaratory, or enforcement/declaration of C right
appointment of guardians
review admin agenciees
criminal except misdemeanor
partition of real property
What is SMJ?
power to hear a particular type of suit
What is PJ?
power over the person
What is writ of supersedeas?
command to halt legal proceedings
What is writ of mandamus?
demand to institute legal action
What is writ of certiorari?
requires an inferior court to produce a record
What is writ of prohibition?
directing pending litigation to cease
What is writ of habeas corpus?
produce the person
What are the 4 bases for PJ?
What are the exceptions to establishing PJ by presence?
present only in obedience to a summons to attend and testify
presence obtained thru fraud
What is considered the residence of a corp?
registered or principal office
maintains a place of business
regularly engaged in carrying on business
NC long arm statute covers what kinds of cases?
special jurisdiction statute
injury to persons/property or wrongful death
soliciation or services activites carried on in NC - personal availment
products used/consumed w/in NC
wrongful death/injury in state arising from acts/omission OoS
services performed involving goods delivered to NC
real and tangible personal property located in NC
deficiency judgment involving real, personal, or intangible property in NC
divorce if one spouse resides in NC
What is in rem jurisdiction?
based upon the physical presence of property in the state
no personal liability or obligation against D
affects the property that serves as jurisdictional basis for lawsuit only
What does in rem jurisdiction require?
presence in the state
In NC, when may in rem or quasi in rem jurisdiction be invoked?
D has interest in real/personal property in NC and relief sought excludes him from such interest
foreclose, redeem from, or satisfy deed of trust or mortgage
action for divorce/annulment
any other action in which exercise of such jurisdiction is constitutional
When may court change venue?
not brought in proper county
convenience of the W and ends of justice promoted
judge is interested party
What are the 3 types of permissible pleadings?
What must the complaint contain?
short plain statement sufficiently particular to provide notice
demand for judgment
In all neg actions and claims for punitive damages that exceeds $10,000 how must the demand for judgment be stated in the complaint?
in excess of $10,000
must not specify a precise amount
The complaint must set forth what?
division of court
title of action
designation of pleading
More detailed allegations are required in the pleadings concerning what types of special matters?
fraud, duress, mistake, or condition of the mind
What is service of process?
action commenced when complaint filed with clerk
must issue summons w/in 5 days
Who is the proper person to serve the complaint and summons in NC?
sheriff of that county or another person authorized by law
How may a natural person be served?
delivering copy of complaint and summons
leaving copies at dwelling place with person of suitable age and discretion
mailing copy by certified or registered mail
How may a corporation be served?
personally or by certified or registered mail on officer, director, managing agent, or resident agent
publication if can't be done personally with due diligence
When must service of process be made?
w/in 60 days after issuance of summons
How does D respond to P complaint?
by denying its allegations and/or by raising affirmative defenses
When must an answer be filed?
w/in 30 days after service
What happens if D fails to answer in a timely fashion?
default judgment may be entered
What is a general denial?
controverts all allegations in the complaint
improper unless D intends in GF to context every allegation, including jurisdictional issues
What is a specific denial?
D admits/denies paragraph by paragraph
What is the effect of an allegation that isn't denied or is improperly denied?
deemed to have been admitted and is binding on parties
What happens if party fails to raise an affirmative defense in his answer?
What are the affirmative defenses?
accord & satisfaction
arbitration and award
failure of consideration
injury by fellow servant
truth in actions for defamation
What actions have SoL of 20 years?
action for recovery or possession of real property
What actions have SoL of 10 years?
action upon a judgment/decree of any state or fed court
action for the foreclosure of a mortgage of real prop
action for the redemption of mortgage
actions not specifically provided for by statute
What actions have SoL of 7 years?
action to recover possession of real property under color of title
actions against decedent's administrator or executor
What actions have SoL of 6 years?
action for damages to property or for injury or wrongful death resulting from unsafe condition of an improvement of real prop
What actions have SoL of 4 years?
breach of K of sale of goods under UCC
What actions hae SoL of 3 years?
liability created by statute
trespass to real property
trepass to chattels or conversion
public officer trespass under color of title
assualt, battery, false imprisonment
What actions have SoL of 2 years?
actions to recover double the amount of usurious interest paid
establish forfeiture of all interest for usury
claims against counties, cities, and towns of NC
What actions have SoL of 1 year?
libel & slander
against sheriff or other officer for escape of prisoner
applications for widow's year's allowance
deficiency judgment after foreclosure
What actions have SoL of 6 months?
K, transfer, assignment, power of attorney, or other instrument transferring or affecting unearned salaries or wages or future earnings
claim against city arising in tort or K
What are the 12(b) defenses?
lack of SMJ
lack of PJ
improper servce of process
failure to state a claim upon which relief can be granted
failure to join nec party
Which 12(b) defenses are waived if not raised in first communication with court?
lack of PJ
improper service of process
Which 12(b) defenses aren't waived?
lack of SMJ
failure to state a claim
failure to join nec party