Shared Flashcard Set

Details

Civil Law Class 42
Week 5
58
Law
Professional
08/24/2010

Additional Law Flashcards

 


 

Cards

Term
Civil Action against a police officer in not dependent upon a ________ action.
Definition
Criminal
Term
________, or lack of it, is one of the most common basis for a civil action against an officer and his employer
Definition
Training
Term
A civil action is most commonly referred to as a ________
Definition
Lawsuit
Term
Which of the following alleged actions of a police officer ofter result in civil suits against the officer and or his employer?
A. Improper use of force
B. Official misconduct
C. Disorderly conduct
D. A and C
E. A and B
Definition
E. A and B
Term
A _____ is any one of various legally recognized private injuries or wrongs and is a ____ action
Definition
Tort
Civil
Term
The portion of laws which are not passed by the legislature but are decided in the courts is called ____ law
Definition
Case
Term
List five examples of the basis of civil suits?
Definition
Divorce
Child Custody
Protective Orders
Injunctions
Personal Damages
Term
Six examples of criminal laws?
Definition
Murder
Assault
Theft
Criminal Trespass
DWI
Speeding
Term
Criminal law regulates the conduct of individuals through the threat of _____ and _____.
Definition
Fines
Imprisonment
Term
Civil law regulates the conduct through ________ and _______ damage awards.
Definition
Injunctions
Monetary
Term
In a civil lawsuit, the person seeking some sort of redress for an injury is called the _______.
Definition
Plaintiff
Term
In a civil lawsuit the person being sued is called the _______.
Definition
Defendant
Term
The standard of proof in a criminal case the the state must prove is _____ _ _________ ______.
Definition
Beyond a reasonable doubt
Term
A civil verdict can be rendered by a judge or a ______ out of six or ______ out of twelve jurors.
Definition
Five
Ten
Term
A jury in a criminal trail will be composed of __ Members.
Definition
6
12
Term
Police officers of incorporated cities are listed as peace officers in section ______ of the ______ __ ________ _________.
Definition
2.12
Code Of Criminal Procedure
Term
The peace officer who most commonly executes and carries out civil Process is the _______.
Definition
Sheriff
Term
Private process servers must have permission from a ______ to serve process.
Definition
Court
Term
Ant _____ _______ may serve process if authorized by law or directed to by the court
Definition
Peace Officer
Term
Arlington Police officers (are/are not) allowed to serve process when directed to do so by a court under arrangement with the police admin.
Definition
Are
Term
The __________ of a Municiple police officer to enforce laws extends to the county in which the city he is employed in exists.
Definition
Jurisdiction
Term
Concurrent jurisdiction means that more than one ______ may have jurisdiction over one particular case.
Definition
Court
Term
A small claims court has jurisdiction over civil actions requesting money awards up to $_______
Definition
10,000.00
Term
A municipal court has ______ jurisidiction over minor civil matters.
Definition
Limited
Term
The difference between a Justice Court and a Constitutional County Court
Definition
Justice Courts have jurisdiction over cases involving $.01-$200.00
Term
The ______ County Court has jurisdiction over appeals from the Texas Worker's Compensation Commission
Definition
Statuory
Term
A County Court at Law is a court which has its jurisdiction specifically set out by _________.
Definition
Statute
Term
Name the two examples of County courts at law.
Definition
Probate
County Criminal
Term
Which Court has criminal jurisdiction oer all felony offenses?
Definition
District Court
Term
A forcible entry and detainer suit could be hears in which court?
Definition
Justice Court
Term
Courts which hear divorce and child custody issues are examples of _______ ________ courts
Definition
Family District
Term
These are Examples from the proper courts: Execution, possession, garnishment, injunction....
Definition
Writ of...
Term
A party in a civil suit, mainly the one who initiates the suit by filing a petition.
Definition
Plaintiff
Term
A method of delivering to an un-cooperative defendant
Definition
Alternative Service
Term
An official notice from a court of competent jurisdiction, issued to a defendant after a plaintiff's petition is filed; it commands the difendant to answer and appear in court at a specific time.
Definition
Citation
Term
A defendant's written reply to a plaintiff's petition.
Definition
Answer
Term
A party making application to the court or petitioning for some action.
Definition
Application
Term
Proceeding held to determine whether a person has violated a lawful court order and to set punishment if a violation id found. Where a officer refuses to carry out lawfully imposed duties, such refusal is punishable as this.
Definition
Contempt
Term
This can result when there is a fialure to perform some action required by law within the specified time. In a civil lawsuit, it may be rendered against a party wh has failed to aanswer or apperar as directed.
Definition
Default Judgment
Term
Persistant activity, prudence or care; what is properly expected from a reasonalbe and prudent person under the particular circumstances.
Definition
Diligent Effort
Term
Immediate, now or instantly.
Definition
Insanter
Term
The final order of a court in a civil suit which settles all disputed issues.
Definition
Judgment
Term
The power of a court to lawfully act with regard to persons and property.
Definition
Jurisdiction
Term
The directions of a court or Judge: A mandate or command
Definition
Order(s)
Term
A document filed by the plaintiff with the clerk of the court which outlines the basis of the complaint against the defendant and the relief being sought from the defendant and /or the court
Definition
Petition
Term
All writs and official documents issued by courts in connection with pending suits
Definition
Process
Term
Representing one's self in a court action
Definition
Pro Se
Term
No fee, usually work provided by attorneys at no cost
Definition
Pro Bono
Term
No goods or no funds
Definition
Nulla Bona
Term
In the interest of
Definition
In Re
Term
Any proceding wich is held for the benefit of, or on application of, only one party, in the absence of one party.
Definition
Ex Parte
Term
A notice to the defendant to either appear in court or prepare a written answer to show cause for failing to respond to a resond to a previous order of the court. It may also be known as a notice.
Definition
Showcause
Term
And all others
Definition
Et Al
Term
An offical notice from a court of competent jurisdiction, issued to a defendant after a plaintiff's petition is filed; it commands the defendant to answer and apper in court at a specific time.
Definition
Applicant
Term
Also known as the defendant
Definition
Respondent
Term
The endorsement made by a constable or sheriff upon process. Writ or notice stating what has been accomplished, and the time and mode or service.
Definition
Return
Term
The prescribed structure for the clerks of the court to use in developing the process. The names of hte people involved in the suit
Definition
Style
Term
The deivery of a writ, notice, injunction, ETC., by and authorized person, to a person who is thereby officially notified of some proceeding concering him
Definition
Service
Supporting users have an ad free experience!