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District court has jurisdiction over what types of cases?
- claim for $10,000 or less
- juvenile
- 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
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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
- eminent domain
- corporate receiverships
- review admin agenciees
- criminal except misdemeanor
- partition of real property
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What is SMJ?
power to hear a particular type of suit
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What is PJ?
power over the person
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What is writ of supersedeas?
command to halt legal proceedings
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What is writ of mandamus?
demand to institute legal action
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What is writ of certiorari?
requires an inferior court to produce a record
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What is writ of prohibition?
directing pending litigation to cease
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What is writ of habeas corpus?
produce the person
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What are the 4 bases for PJ?
- presence
- domicile
- consent
- minimum contacts
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What are the exceptions to establishing PJ by presence?
- present only in obedience to a summons to attend and testify
- OR
- presence obtained thru fraud
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What is considered the residence of a corp?
- registered or principal office
- maintains a place of business
- regularly engaged in carrying on business
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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
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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
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What does in rem jurisdiction require?
- presence in the state
- adequate notice
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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
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When may court change venue?
- not brought in proper county
- convenience of the W and ends of justice promoted
- judge is interested party
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What are the 3 types of permissible pleadings?
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What must the complaint contain?
- short plain statement sufficiently particular to provide notice
- demand for judgment
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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
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The complaint must set forth what?
- division of court
- title of action
- designation of pleading
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More detailed allegations are required in the pleadings concerning what types of special matters?
- capacity
- fraud, duress, mistake, or condition of the mind
- conditions precedent
- special damages
- punitive damages
- medical malpractice
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What is service of process?
- action commenced when complaint filed with clerk
- must issue summons w/in 5 days
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Who is the proper person to serve the complaint and summons in NC?
sheriff of that county or another person authorized by law
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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
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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
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When must service of process be made?
w/in 60 days after issuance of summons
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How does D respond to P complaint?
by denying its allegations and/or by raising affirmative defenses
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When must an answer be filed?
w/in 30 days after service
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What happens if D fails to answer in a timely fashion?
default judgment may be entered
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What is a general denial?
- controverts all allegations in the complaint
- improper unless D intends in GF to context every allegation, including jurisdictional issues
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What is a specific denial?
D admits/denies paragraph by paragraph
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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
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What happens if party fails to raise an affirmative defense in his answer?
waived
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What are the affirmative defenses?
- accord & satisfaction
- arbitration and award
- AoR
- contrib
- bankruptcy
- duress
- estoppel
- failure of consideration
- fraud
- illegality
- injury by fellow servant
- laches
- license
- payment
- release
- res judicata
- SoF
- SoL
- truth in actions for defamation
- usury
- waiver
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What actions have SoL of 20 years?
action for recovery or possession of real property
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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
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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
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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
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What actions have SoL of 4 years?
breach of K of sale of goods under UCC
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What actions hae SoL of 3 years?
- K
- liability created by statute
- trespass to real property
- trepass to chattels or conversion
- criminal conversation
- fees
- fraud/mistake
- public officer trespass under color of title
- neg
- assualt, battery, false imprisonment
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What actions have SoL of 2 years?
- actions to recover double the amount of usurious interest paid
- establish forfeiture of all interest for usury
- wrongful death
- claims against counties, cities, and towns of NC
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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
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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
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What are the 12(b) defenses?
- lack of SMJ
- lack of PJ
- improper venue
- improper service
- improper servce of process
- failure to state a claim upon which relief can be granted
- failure to join nec party
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Which 12(b) defenses are waived if not raised in first communication with court?
- lack of PJ
- improper venue
- improper service
- improper service of process
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Which 12(b) defenses aren't waived?
- lack of SMJ
- failure to state a claim
- failure to join nec party
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