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Civil Process

Civil Process and Liability BPOC

Title 42 Section 1983 Civil Liability for officer conduct
Potential Agency Liability Discrimination, Sexual Harassment, Wage/Hour laws, Wrongful Dismissal
Governmental Liability Property Damage, Personal Injury/Death, arising from operation of a motor driven vehicle or equipment
If governmental agency is liable, so is . . . Employee personally liable
Contempt of court Sheriff or other officer neglects/refuses to perform duty, fine $10-$100, Action started by motion from injured party
Citation Official process by which a plaintiff gives a defendant notice of a suit. Gives the court jurisdiction of the parties.
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
Attachment The seizure of persons or property so that they will come under the custody and control of the court, by virtue of a writ
Answer A pleading in a civil matter in which one party responds to the claim of another party
Affiant A person who swears to an affidavit or statement
Affidavit Written or printed statement or declaration of facts, made voluntarily and sworn to by an affiant
Alternate Service A court approved method of delivering a court document to an uncooperative defendant
Execution A writ issued by a court of competent jurisdiction, commanding an officer to collect the judgment amount and costs or to levy upon the non-exempt property of defendant
Exempt Property Property specified by statute, which may not be seized or sold to satisfy an execution or attachment
Ex Parte Protective Order May order defendant to vacate premises, Order issued by family court to prohibit defendant from certain acts
Injunction Commands the person to whom it is directed to desist or refrain from an act
Personal Property Articles associated with a person, as opposed to real property (land)
Real Property Land and whatever is general built, growing upon, or affixed to it
Re-Entry Allows tenant to resume possession after an illegal lockout
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
Show Cause Order issued to a party to appear as directed and present to the court reasons why a particular order should not be acted on
Tort A private or civil wrong or injury, including action for bad faith breach of contract for which the court will provide a remedy in the form of an action for damages
Contempt of Court Fine $500 and/or Jail 6 months, may be reviewed every 6 months. Party remains in jail until they comply with court
Courts created in the Texas Constitution Constitutional County Court, Justice of the Peace Court (JP)
Courts created in the legislature County Courts at law, District Court, Probate Court, Court of appeals, Supreme Court, Court of Criminal Appeals
County Courts Civil suits $200-$200,000
District Courts Civil actions $200 and up, Juvenile matters, Protective orders
When can Civil Process never be served On Sunday
3 Types of attachments Person Property Real Property
Only thing wages can be garnished for in Texas Child Support However Federal Authorities may Garnish for other reasons
Sequestration Both parties claim an ownership Commonly known as repossession writs May only be executed by Sheriff or Constable
Writ of Mandamus Writ instructing you to do something that you had requested to do. No liability for carrying out the instruction
Protective order is good for . . . 2 years in general
Writ of assistance Executed by peace officer, Valid for 30 days
Created by: DSO Academy
Popular Criminal Justice sets




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