Civil Law

Who’s duty is it to execute and return Civil Process to the courts?

 

A. Sheriff only

B. Constable only

C. Sheriff and Constable

D. All peace officers

 

 

C. Sheriff ; Constable

Laws which declare what conducts is criminal and prescibes punishment to be imposed, defines…

 

A. Criminal Law

B. Civil Law

C. Trial Law

D. Torts

 

 

A. Criminal Law

In Civil Law judgement is rendered based upon… 

 

A. Evidence beyond a reasonable doubt

B. Evidence beyond all doubt

C. Reasonable suspicion

D. A preponderance of the evidende



D. A preponderance of the evidende

A civil Citation shall not be served…

 

A. In the mail

B. On Sunday

C. After 5 pm

D. Any of the above

 

 

B. On Sunday

A Civil Suit officially begins with…

 

A. Preparation of a Petition

B. Issuance of a citation

C. Service of the citation

D. Occurance of a civil wrong

 

 

C. Service of a citation

If a tenant is locked out of his apartment without judicial process, the landlord must….

 

a. place a written note on the tenant’s door stating where he may obtain the new key at any hour of the day or night.

b. Give the new key to the tenant regardless if his past due rent is paid.

c. Refuse entrance tot he tenant until past due rent is paid.

d. A and B.

 

 

D. A and B

The most preferred method of service of citation is by….

 

a. certified mail

b. in person

c. publication

d. alternate service

 

 

b. in person

A ____________ may serve a civil citation.

 

a. Sheriff

b. Constable

c. Authorized person.

d. Any of the above.

 

 

D. Any of the above

Which subpoena requires the person to bring all evidence, especially written documents?

 

a. subpoena

b. subpoena duces tecum

c. subpoena documentus

d. writ of attachment

 

 

b. subpoena duces tecum

__________________ starts the eviction process.

 

a. writ of possession

b. writ of forcible entry and detainer

c. writ of reentry

d. none of these

 

 

b. writ of forcible entry and detainer

_____________ is needed by a Peace Officer to enforce the eviction.

 

a. writ of possession

b. writ of forcible entry & detainer

c. writ of reentry

d. writ of eviction

 

 

a. writ of possession

______________ is responsible for “loose livestock on the roadway?”

 

a. Texas Rangers

b. All peace officers

c. Sheriff

d. Constable

 

 

c. Sheriff

___________ assists the tenant to get back into their apartment after being unlawfully evicted.

 

a. forcible entry & detainer

b. writ of possession

c. writ of reentry

d. writ of execution

 

 

c. writ of reentry

To be authorized by a Court to serve Civil Process, the person must be at least age ___.

 

a. 21

b. 18

c. over 18

d. over 21

 

 

b. 18

A landlord that has “non exempt” property of a delinquent tenant in storage, may seize the property for the “back rent that is due.” This is called a ____________.

 

a. writ of seizure

b. writ of possession

c. landlord’s lien

d. tenant’s lien

 

 

c. landlord’s lien

a “small claims court” has civil juridiction up to $_____________.

 

a. $5,000

b. $10,000

c. $2,500

d. $2,000

 

 

b. $10,000

Altenate Service, after diligent effort has been attempted to serve, may be requested under Rule #___ if the process is out of Justice Court.

 

a. 106

b. 536

c. 357

d. .45 cal

 

 

b. 536

When serving a citation in a Law Suit, the defendant must be informed that he has to file a written answer at the Justice Court at or before 10:00 a.m. on the Monday next after the expiration of ___ days.

 

a. 14

b. 20

c. 30

d. 15

 

 

a. 14

According to the Rules of Civil Procedure, the document that commands a sheriff or constable to take into their possession the property, if to bhe found in their county, and keep the same subject to further orders of the court, is known as a writ of ___________.

 

a. garnishment

b. possession

c. replevin

d. sequestration

 

 

d. sequestration

According to the Rules of Civil Procedure, a distress warrant may be filed with a __________.

 

a. municipal court

b. justice of the peace

c. county court

d. district court

 

 

b. justice of the peace

According to the Penal Code, sexual harassment is an element of which offense? (PC 39.03(a)(3))

 

a. Abuse of official capacity

b. Official oppression

c. Misuse of official position

d. Official misconduct

 

 

b. Official oppression

According to the Rules of Civil Procedure, a citation may normally be served on any day except a _____________.

 

a. legal holiday

b. Saturday

c. Sunday

d. national holiday

 

 

c. Sunday

According to the Property Code, a writ instructing the tenant and all persons under the tenant to leave the premises immediately is a writ of _________________.

 

a. sequestration

b. garnishment

c. possession

d. attachement

 

 

c. possession

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Civil Law

Who’s duty is it to execute and return Civil Process to the courts?

 

a.  Sheriff only

b.  Constable only

c.  Sheriff & Constable

d.  All peace officers

c.  Sheriff & Constable


Laws which declare what conduct is criminal and prescribe punishment to be imposed, defines…

 

a.  Criminal Law

b.  Civil Law

c.  Trial Law

d.  Torts

a.  Criminal Law


In Civil Law judgment is rendered based upon…

 

a.  evidence beyond a reasonable doubt.

b.  evidence beyond all doubt.

c.  reasonable suspicion.

d.  a preponderance of the evidence.

d.  a preponderance of the evidence.

A Civil Citation shall not be served…

 

a.  in the mail.

b.  on a Sunday.

c.  after 5pm.

d.  any of the above.

b.  on a Sunday.


A Civil Suit officially begins with…

 

a.  preparation of a petition.

b.  issuance of a citation.

c.  service of citation.

d.  occurrence of a civil wrong.

c.  service of citation.


A _________ may serve a civil citation.

 

a.  Sheriff

b.  Constable

c.  authorized person

d.  any of the above

d.  any of the above

If a tenant is locked out of his apartment without judicial process, the landlord must…

 

a.  place a written note on the tenant’s door stating where he may obtain the new key at any hour of the day or night.

b.  give the new key to the tenant regardless if his past due rent is paid.

c.  refuse entrance to the tenant until past due rent is paid.

d.  a & b

d.  a & b

The most preferred method of service of citation is by…

 

a.  certified mail.

b.  in person.

c.  publication.

d.  alternate service.

b.  in person.


Which subpoena requires the person to bring all evidence, especially written documents?

 

a.  subpoena

b.  subpoena duces tecum

c.  subpoena documentus

d.  writ of attachment

b.  subpoena duces tecum


_____________ starts the eviction process.

 

a.  Writ of possession

b.  Writ of forcible entry & detainer

c.  Writ of reentry

d.  None of these

b.  Writ of forcible entry & detainer


_________ is needed by a Peace Officer to enforce the eviction.

 

a.  Writ of possession

b.  Writ of forcible entry & detainer

c.  Writ of reentry

d.  Writ of eviction

a.  Writ of possession


_____________ is responsible for “loose livestock on the roadway”.

 

a.  Texas Rangers

b.  All peace officers

c.  Sheriff

d.  Constable

c.  Sheriff


______________ assists the tenant to get back into their apartment after being unlawfully evicted.

 

a.  Forcible entry & detainer

b.  Writ of possession

c.  Writ of reentry

d.  Writ of execution

c.  Writ of reentry


To be authorized by a court to serve Civil Process, the person must be at least age _____.

 

a.  21

b.  18

c.  over 18

d.  over 21

b.  18


A landlord that has “non-exempt” property of a delinquent tenant is storage, may seize the property for the “back rent that is due”.  This is called a ___________.

 

a.  writ of seizure

b.  writ of possession

c.  landlord’s lien

d.  tenant’s lien

c.  landlord’s lien


A “small claims court” has civil jurisdiction up to $_________.

 

a.  $5,000.00

b.  $10,000.00

c.  $2,500.00

d.  2,000.00

b.  $10,000.00


Alternate Service, after diligent effort has been attempted to serve, may be requested under rule #_____ if the process is out of Justice Court.

 

a.  106

b.  536

c.  357

d.  .45 cal

b.  536


When serving a citation in a Law Suit, the defendant must be informed that he mas to file a written answer at the Justice Court at or before 10:00am on the Monday next after the expiration of ___ days.

 

a.  10

b.  20

c.  30

d.  15

a.  10


According to the Rules of Civil Procedure, the document that commands a Sheriff or Constable to take into their possession the property, if to be found in their county, and keep the same subject to further orders of the court, is known at a writ of _______.

 

a.  garnishment

b.  possession

c.  replevin

d.  sequestration

d.  sequestration

According to the Rules of Civil Procedure, a distress warrant may be filed with a _______.

 

a.  municipal court

b.  justice of the peace

c.  county court

d. district court

b.  justice of the peace


According to the Penal Code, sexual harassment is an element of which offense?

(PC 39.03)(a)(3)

 

a.  abuse of official capacity

b.  official oppression

c.  misuse of official position

d.  official misconduct

b.  official oppression


According to the Rules of Civil Procedures, a citation may normally be served on any day except a _______.

 

a.  legal holiday

b.  Saturday

c.  Sunday

d.  national holiday

c.  Sunday


According to the Property Code, a writ instructing the tenant and all persons claiming under the tenant to leave the premises immediately is a writ of ________.

 

a.  sequestration

b.  garnishment

c.  possession

d.  attachment

c.  possession


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Civil Law

tort
private or civil wrong
wrong against an individual
Name 4 elements of a tort
1. duty – a legal obligation to do or not do something

2. breach of duty – violation of the duty

3. injury – arecognized harm [can be reckless but without injury]

4. causation – proof that the breach caused the injury [proximate cause]

proximate cause
when the amount of causation is great enough for it to be recognized the law

exists when it is reasonably foreseeable that a breach of duty will result in an injury

vicarious liability
When one person is liable for the torts of another
What two groups are often held responsible for another torts? [vicarious liability]
1. Parents

2. Employers

intentional tort
Requires that the breach be intentiional [not just careless or negligent]
negligence
torts based on carelessness
[not intentional]

how would a reasonable person have acted under the circumstances

contributory negligence
if a plantiff [the person bringing the complaint] contributed to damages through a breach of duty
comparative negligence
both plantiff and defendant are at fault proportional to degree of negligence
assuption of the risk
assume a risk that is posted…no damges to defendant
strict liability
Encourages responsible behavior when engaging in dangerous activites

Defendant not negligent

Name two remedies available in a civil suit:
1. Injunction

2. Damages

Compensatory Damages
An award that places the injured party in the same financial position as if the injury had not occurred.
contingency fee
Lawyers that handle a civil lawsuit for a percentage ofthe recovery
plaintiff
the party that initiates the lawsuit by filing a complaint
defendant
the party complained against in a criminal or civil proceeding
writ of execution
the process by which a judgment for money is enforced
verdict
decision of a jury
judgment
final result of a civil trial [damages are awarded to the defendant
[unless there is an appeal]
subpoena
A written order by the judge commanding a witness to appear and give testimoy.

Willful, unexpected failure to appear after receipt of such an order is contempt of court…punishable by a fine or being jailed without a trial.

Name five ‘intentional’ torts:
1. assault
2. battery
3. false imprisonment
4. defamation
5. slander
6. invasion of privacy
7. trespass to land
8. conversion
9. interference w/contracatual relations
10. fraud
assault
To put someone in reasonaable fear of an offense or bodily harm
[words and/or gestures]
battery
harmful or offensive touching of another another
false imprisonment
intentional confinement of a person against the person’s will and without lawful privilege
Name the two types of ‘defamation’
1. slander

2. libel

What three elements must be present for a statement to be ‘defamatory’?
1. be false

2. communicated to a third person

3. bring the vitim into disrepute, contempt, or ridicule by others

slander
defamation that is spoken
libel
Defamation that is written or printed
invasion of privacy
uninvited intrusion into an individual’s personal relationships and activities
trespass
entry onto the property of another without the owner’s consent
conversion
When a person’s right to control their own possessions is violated when it is stolen, destroyed, or used in a manner inconsistent with the owner’s rights
Is the innocent buyer of stolen goods a ‘converter’ [Yes | No]
Yes
Interference with Contractual Relations
When a third party encourages the breach of contract
fraud
When there is an intentional misrepresentation of an existing important fact [lie…misrepresentation must be relied on and casue the victim to part with a legal right or something of value] [not just opinion]
What is the most common type of tort: 1. Intentional

2. Negligence

3. Strict Liability

2. Negligence

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