Shared Flashcard Set

Details

Civil Law
UHD Police Academy
23
Law
Not Applicable
05/18/2014

Additional Law Flashcards

 


 

Cards

Term

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

Definition

 

 

C. Sheriff & Constable

Term

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

Definition

 

 

A. Criminal Law

Term

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

Definition



D. A preponderance of the evidende

Term

A civil Citation shall not be served...

 

A. In the mail

B. On Sunday

C. After 5 pm

D. Any of the above

Definition

 

 

B. On Sunday

Term

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

Definition

 

 

C. Service of a citation

Term

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.

Definition

 

 

D. A and B

Term

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

 

a. certified mail

b. in person

c. publication

d. alternate service

Definition

 

 

b. in person

Term

A ____________ may serve a civil citation.

 

a. Sheriff

b. Constable

c. Authorized person.

d. Any of the above.

Definition

 

 

D. Any of the above

Term

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

Definition

 

 

b. subpoena duces tecum

Term

__________________ starts the eviction process.

 

a. writ of possession

b. writ of forcible entry and detainer

c. writ of reentry

d. none of these

Definition

 

 

b. writ of forcible entry and detainer

Term

_____________ 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

Definition

 

 

a. writ of possession

Term

______________ is responsible for "loose livestock on the roadway?"

 

a. Texas Rangers

b. All peace officers

c. Sheriff

d. Constable

Definition

 

 

c. Sheriff

Term

___________ 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

Definition

 

 

c. writ of reentry

Term

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

Definition

 

 

b. 18

Term

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

Definition

 

 

c. landlord's lien

Term

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

 

a. $5,000

b. $10,000

c. $2,500

d. $2,000

Definition

 

 

b. $10,000

Term

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

Definition

 

 

b. 536

Term

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

Definition

 

 

a. 14

Term

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

Definition

 

 

d. sequestration

Term

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

Definition

 

 

b. justice of the peace

Term

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

Definition

 

 

b. Official oppression

Term

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

Definition

 

 

c. Sunday

Term

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

Definition

 

 

c. possession

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