How do criminal laws regulate the conduct of individuals? pg 242

Through the threat of fines and imprisonment.

Who brings an action against an individual for criminal cases?

The State

What can a criminal judgement result in? pg 242

It may result in the guilty party being assessed a fine only, or a fine and period of confinement, or community service, when the defendent is found guilty of committing an illegal act, beyond a reasonable doubt.

What is civil law for? pg 242

It defines the legal significance of public and private acts and regulates conduct through injunctions and award of money damages.

What is a peace officer required to do with civil law? pg 242

A peace officer is required to follow the rules and laws that govern the execution of civil documents.

What is a civil case? pg 242

When a person brings a lawsuit  seeking some sort of redress for an injury they claim to have suffered.

Awards from a civil case are done based on what? pg 242

The preponderance of the evidence before a jury or judge.

What do civil judgements usually require? pg 242

The part adjudged of a wrongful act to compensate the wronged party in the form of money or the return or possession of property.

What is constructive contempt of court? pg242

A contempt of court that is committed out side of the court where a person refuses to accept a summons.

What is a General Contempt of Court? pg 242

Contempt of court committed by a person who does any act in willful contravention of its or dignity, or tending to impede or frustrate the administration of justice, or by one who , being under the courts authority as a party to a proceeding therein, willfully disobey it's lawful orders or fails to comply with an undertaking which they have been given.

What/who is an affiant?

The person who swears to an affidavit or statement.

What is an affidavit?

A written or printed statement or declaration of facts, made voluntarily and sworn to or affirmed by an affiant before a person having authority to administer an other or affirmation.

What is a court approved method of delivering a court document to an uncooperative defendant?

Alternate Service.

What is a pleading called in a civil matter in which one party (defendant) responds to the claim of another party (plaintiff) ?

Answer

In an answer, what are the options for a defendent?

Defendent can deny the allegations

Defendant can agree with the facts but allege new information which should prevent the plaintiff from recovering on facts originally presented.

What is an appeal?

A request or complaint to a higher court to correct injustice or error committed by a lower court.

What is a Writ of attachment or attachment?

The seizure of a person or  property so that they will come under the custody of the court.

What is a Capias?

A Writ similar to an arrest warrant; a judicial writ commanding a peace officer to take a person into custody to answer specific charges.

What is an official process by which a plaintiff gives a defendant official notice of a suit called?

A citaition.

What is an affidavit or sworn statement called which charges the Commision of an offense within the jurisdiction of the court?

A complaint.

What is a court of record?

A court whose proceedings are recorded by a court reporter.

Is a justice court a court of record?

No

Are County and District Courts courts of record?

Yes

What is a default judgement?

A judgement entered by the court upon failure of a party to plead or appear at the appointed time.

What is diligent effort?

persistent activity, prudence or care.  That whit is properly expected from a reasonable and prudent person under particular circumstances.

What is a Writ issued by a court of competent jurisdition called commanding an officer to collect the judgement amount and cost, or to levy upon non-exempt property of a defendent, in satisfaction of a previous judgement rendered by the issuing court?

An Execution

In civil matters, what is non exempt property?

Property specified by statue, which may not be seized or sold to satisfy an Execution or Attachment.

What is an Ex Parte protective order?

An order issued by a family court to prohibit a defendant from certain acts.

What is Forcible Entry and Detainer for?

Provides a summary, speedy, simple and inexpensive remedy for determination of who is entitled to possession of real property and/or past due rent.

What is garnishment?

A statutory proceeding whereby a person's property, money, or credits of a debtor in possesion or under control of or owing by another is applied to debt of the debtor.

What is Good Faith?

Honesty of intention; sincerity.

What is a Guardian Ad Litum?

A person appointed by the court to represent a minor; incompetent person or any other person entitled to such protection by law.

What is (writ of) Habeas Corpus?

A court order that commands anyone having custody or or their control to produce the person at a rime and place named in the writ and to show why that person is being held or under restraint.

A suitor who, on account of poverty, is allowed to sue or defend without being chargeable with cost.  Also  an indigent is a criminal defendant has a write to.assigned defense councel.

What is an injuction?

It commands a person to whom it is directed to desist or refrain from the Commision or continuance of an act enjoined or to obey and execute such order as the court has seen proper to issue.

What is Jurisdictional Amount?

The money amount involved in the particular case or dispute by which the jurisdiction of the court to determine the case is measured.  Part of "subject matter" jurisdiction.

What is the definition of Levie?

To collect, gather, take up, seize, or execute on monies, real or personal property under lawful issued writ.

What is the definition of Liability?

Being responsible for actual damages, punitive damages or possible loss.

Who is a magistrate?

A civil public officer invested with powers and functions, which may be judicial, executive, or legislative in nature.

What is a Motion?

A written or oral application for a ruling.or order from the court.

What is a Move?

To make an application to a court to rule, order, or take action in a matter.

What is a Notice?

An order, writ or process.  An order or direction, Emin a ting from authority to an officer, or body of officers, commanding the officers to do some act within the officers powers.

What is a precept?

Same as a Notice.

What is any form of affirmation by which a person agrees to be bound in conscience to perform an act faithfully and truthfully called?

An Oath.

What is the definition of Officially Attested?

An acknowledgement of an individual acting in the individual's official capacity bearing witness to another's signature being affixed to a document.

What is an order?

Every direction of a court or judge.  A mandate or command.

What is personal property?

Articles associated with a person, as opposed to real property.

What is a document called that is filed by the plaintiff with the clerk of the court that outlines the basis of the complaint or suit against the defendant and the relief being sought from the court?

A Petition.

What is a person called who complains or sues in a civil lawsuit and is so named on record.

A Plantiff

What is the answer the defendant in a legal proceeding makes to the complaint against the defendant called?

A Plea

What are oral or written statements made to the court presenting claims and defenses of the parties called?

Pleadings

What is a Precept?

Sam as a Notice.  An order or direction coming from a.court or other authority, to an officer or body of officers , commanding the officers to do some act within the scope of their powers.  A rule which imposes a standard of conduct.

What is a Protective Order?

An order issued by a family court to order the protection of a family member or member of a household against further family violence.

What is Real Property?

Land and anything build, growing upon or a fixed to it.

What is replevy?

To re-deliver goods, that have been seized by an officer, to the original possessor of them.

What does Re Entry allow?

It allows a commercial or residential tenant to resume possession of a leased premises after an unlawful lockout.

What is the endorsement by an officer upon a process stating what , where, when, how, why  and to whom a service and compliance of the commands within the process are made, called?

A Return.

What are Rules of Civil Procedure?

The body of law promulgated by the Texas Supreme Court to establish the manner and means by which civil cases are determined by the courts.

What is sequestration?

The temporary seizure or setting aside specific property to which a party to a suit has claimed ownership.

What is the purpose of sequestration?

To allow parties to protect and preserve the property during a suit.

What is a Service?

The delivery of a Writ, notice, injuction, etc..., by an authorized person to a person who is there by officially notified oof some proceeding concerning that person.

What is an order called that is issued to a party to appear as directed and present to the court reasons or considerations why a particular order or decree should not be acted on?

Show Cause

What is a subpeonas?

A process initiated by a party commanding a witness to appear and give testimony, at a specified place and time to testify upon a certain matter.

What is a substitute service?

A delivery of process in a method other than personal service.

What are examples of Substitute Services?

Mail or by publication.

What is a Summons?

An order to a person to appear in court at a specific time and place to answer a case filed against the person.  A method by which the court acquires jurisdiction over a party.

What is a Temporary Restraining Order?

An order issued by a court to a defendant restraining them from or prohibiting certain acts.

What is this the definition of: A private or civil wrong or injury, including action on bad faith breach of contract, for which the court provided a remedy in the form of an action for damages called?

Tort

What is a trial?

A proceeding in open court during which the ultimate issues in a case are determined by a fact finder (judge or jury).

A venue is:

The place where a case us tried?

Who is a witness?

A person whose declaration under oath is recieved as evidence for any purpose.

What is a Writ of possession for eviction?

An eviction notice.  It allows a landlord who prevails in an eviction suit to regain possession of the premises that were in dispute.

What is Writ Of Possession for Particular Property?

When a judgement is for personal property and is shown by the pleadings and evidence and verdict, if any, that such property has an especial value to the plaintif. 

What is ad litem?

From latin, for the pleasure of.

Duces Tecum

Bring with you.

et al

And other persons

Ex Parte

A party given when someone gets a divorce.  Just kidding.  Done or made at the instance  and for the benefit of one party. 

In Re

Gault ' s first and middle name.  Just kidding.  " in the matter of judicial proceedings"

In Rem

"against a thing".  Involving or determining the status and the rights of a person generally with respect to the thing.

Nulla Bona

"no goods".  A form of return by a sheriff or constable upon an Execution when judgement debtor has no sizable property within the jurisdiction.

Pro Se

Ones self.  On one's own behalf.

Prima Facia

Sufficient to establish a fact or raise presumption unless disproved or rebutted.