Civil Process Word Scramble
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Term | Definition |
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
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