Civil Process Exam Study Guide
Peace Officers Potential for Civil Liabilitycorrect answerThe potential for civil liability in any action a peace officer takes has greatly increased in recent years. When an alleged civil wrong occurs, the civil action is not usually limited to just the individual officer, but also involves the agency or political sub-
division that represents the commissioning authority of the officer. (Title 42 Section 1983 United States Code)
Although there are specific statutory prohibitions against these actions, agencies and officers may also be held civilly responsible. Officer civil liability is addressed in the Texas Administrative Code (TAC).
Difference between Civil and Criminal Liability for Wrongful Actions of Peace Officerscorrect answerIf the
disposition (from a grand jury review and criminal charges are filed) results in a conviction and punishment are rendered, the officer(s) and his or her commissioning authority are most likely to be involved in civil action and is a totally separate action.
Criminal Lawcorrect answerRegulates the conduct of individuals through threats of fines and imprisonment.
Civil Lawcorrect answerDefines the legal significance of public and private acts and regulates conduct through injunctions and the award of money damages.
General Contempt of Courtcorrect answerBeing rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge.
Constructive Contempt of Courtcorrect answerGenerally used to gain compliance with civil court orders. This would occur outside the courtroom once a judgment has been rendered or some other type of court order has been handed down.
Alternative Servicecorrect answerA court approved method of delivering a court document to an uncooperative defendant. Attachmentcorrect answerThe seizure of persons or property so that they will come under the custody and control of the court; the process occurs by virtue of a writ, summons or other judicial order.
Citationcorrect answerOfficial process by which a plaintiff gives a defendant notice of suit. The purpose is
to give the court jurisdiction over the parties, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend himself.
Default Judgmentcorrect answerA judgment entered by the court upon the failure of a party to plead or appear at the appointed time.
Ex Parte Protective Ordercorrect answerAn order issued by a family court (district or county court) to prohibit a defendant from certain acts including further family violence, and requiring the defendant to appear in court on a specified date and time. It may include an order directing a law enforcement officer to inform a defendant to vacate a premise.
Liability (or Liable)correct answerBeing responsible for actual damages, punitive damages or possible loss.
Plaintiffcorrect answerA person who complains or sues in a civil lawsuit and is so named on the record.
Protective Ordercorrect answerAn order issued by a family court (district or county court) to order the protection of a family member or member of a household against further family violence. It is criminally enforceable under Section 25.074 of the Texas Penal Code.
Servicecorrect answerThe delivery of a writ, notice, injunction, etc., by an authorized person, to a person
who is thereby officially notified of some proceeding concerning that person.
Temporary Restraining Ordercorrect answerIssued by a court to a defendant restraining them from doing
or prohibiting certain acts. It is date sensitive and has a hearing date commanding appearance no more than 14 days from date of issuance. It is enforceable by the court only by a contempt proceeding.
Venuecorrect answerThe place where a case is tried.
Peace Officers Potential for Civil Liabilitycorrect answerThe potential for civil liability in any action a peace officer takes has greatly increased in recent years. When an alleged civil wrong occurs, the civil action is not usually limited to just the individual officer, but also involves the agency or political sub-
division that represents the commissioning authority of the officer. (Title 42 Section 1983 United States Code)
Although there are specific statutory prohibitions against these actions, agencies and officers may also be held civilly responsible. Officer civil liability is addressed in the Texas Administrative Code (TAC).
Difference between Civil and Criminal Liability for Wrongful Actions of Peace Officerscorrect answerIf the
disposition (from a grand jury review and criminal charges are filed) results in a conviction and punishment are rendered, the officer(s) and his or her commissioning authority are most likely to be involved in civil action and is a totally separate action.
Criminal Lawcorrect answerRegulates the conduct of individuals through threats of fines and imprisonment.
Civil Lawcorrect answerDefines the legal significance of public and private acts and regulates conduct through injunctions and the award of money damages.
General Contempt of Courtcorrect answerBeing rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge.
Constructive Contempt of Courtcorrect answerGenerally used to gain compliance with civil court orders. This would occur outside the courtroom once a judgment has been rendered or some other type of court order has been handed down.
Alternative Servicecorrect answerA court approved method of delivering a court document to an uncooperative defendant. Attachmentcorrect answerThe seizure of persons or property so that they will come under the custody and control of the court; the process occurs by virtue of a writ, summons or other judicial order.
Citationcorrect answerOfficial process by which a plaintiff gives a defendant notice of suit. The purpose is
to give the court jurisdiction over the parties, to satisfy due process requirements, and to provide the defendant the opportunity to appear and defend himself.
Default Judgmentcorrect answerA judgment entered by the court upon the failure of a party to plead or appear at the appointed time.
Ex Parte Protective Ordercorrect answerAn order issued by a family court (district or county court) to prohibit a defendant from certain acts including further family violence, and requiring the defendant to appear in court on a specified date and time. It may include an order directing a law enforcement officer to inform a defendant to vacate a premise.
Liability (or Liable)correct answerBeing responsible for actual damages, punitive damages or possible loss.
Plaintiffcorrect answerA person who complains or sues in a civil lawsuit and is so named on the record.
Protective Ordercorrect answerAn order issued by a family court (district or county court) to order the protection of a family member or member of a household against further family violence. It is criminally enforceable under Section 25.074 of the Texas Penal Code.
Servicecorrect answerThe delivery of a writ, notice, injunction, etc., by an authorized person, to a person
who is thereby officially notified of some proceeding concerning that person.
Temporary Restraining Ordercorrect answerIssued by a court to a defendant restraining them from doing
or prohibiting certain acts. It is date sensitive and has a hearing date commanding appearance no more than 14 days from date of issuance. It is enforceable by the court only by a contempt proceeding.
Venuecorrect answerThe place where a case is tried.
