North Carolina Basic Law Enforcement Training (BLET) State Practice Exam

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The prejudgment remedy allowing the use of force under NC General Statute is known as what?

Ex parte order
Claim and delivery
Injunction
Mandamus

The correct answer is: Claim and delivery

The correct answer is Claim and delivery. This legal remedy allows a party to recover specific personal property that is wrongfully taken or retained by another party before a final judgment in a lawsuit. Under North Carolina General Statute, this process can involve the use of force, particularly when a sheriff is involved in retrieving property. In this context, claim and delivery provides a mechanisms to resolve disputes over property issues without waiting for the lengthy process of a full trial. It can enable individuals to reclaim their possessions swiftly and effectively, which is critical in situations where time-sensitive issues arise. The other options, while relevant legal concepts, do not pertain directly to the prejudgment remedy allowing the use of force. An ex parte order is typically granted to address urgent situations on one side of a conflict without the other party being present. An injunction is a court order requiring a party to refrain from specific acts, while a mandamus is a directive from a court to a lower court or government official to perform a duty they are obligated to complete. Each of these serves different legal purposes and does not facilitate the same remedies as claim and delivery.