CIVIL PROCESS- TCOLE EXAM
QUESTIONS AND ANSWERS 100%
ACCURATE
a process that is used in a civil lawsuit - ANSWER-Civil Process
all writs and official documents issued by courts in connection with proceedings -
ANSWER-process
a court's written order, in the name of the State or other competent legal authority,
commanding the addressee to do or refrain from doing some specific act - ANSWER-
writ
something tangible on which words, symbols, or markings are recorded - ANSWER-
document
o Civil Jurisdiction- $200.00-$10,000.00
o Non contested probate matters
o Class A and B misdemeanors
o Appeals from Justice of the Peace and Municipal Courts
o The County Judge presides over the Commissioner Court - ANSWER-Constitutional
County Court
o Established by Legislation and has the power established by Legislation
o Civil and Criminal appeals from lower courts
o Civil Suits- $200-$200,000
o Criminal Class A and B Misdemeanors - ANSWER-Statutory County Court (County
Courts at Law)
o Limited to primarily probate matters
o Contested wills
o Appointment of guardians
o Appointed next friends of the court - ANSWER-Probate County Courts
o Regulates the conduct of individuals through threats of fines and imprisonment
o State brings an action against an individual to punish him for breaking one of their
laws
o Peace officer may assume direct responsibility of the investigation and filing criminal
charges against the defendant
, o Criminal judgments may result in the guilty party being assessed a fine only or a fine
and period of confinement or community service when the court finds the defendant
committed the illegal act, beyond a reasonable doubt - ANSWER-Criminal Law
o Defines the legal significance of public and private acts and regulates conduct through
injunctions and the award of money damages
o The plaintiff's suit
o Peace officer should not assume ownership of the suit
o Peace officer is required to follow the rules and the laws that govern the execution of
the civil documents
o A person brings a lawsuit seeking some sort of redress for an injury he claims to of
suffered
o The redress that the person seeks is usually in the form of money. He ask the court to
order his opponent to pay him monetary compensation or an injunction to the defendant
for the wrongful act
o Civil judgments usually require the part adjudge of a wrongful act to compensate the
wronged party in the form of money of the return or possession of property
o A judgment is rendered in favor of the complaining party or the defendant or
somewhere in between based upon the preponderance of evidence before a jud -
ANSWER-Civil Law
o County and District Courts
o Fine and/or Jail
o $500.00 fine and/or
o 6 months in Jail - ANSWER-General Contempt of Court
• Fine and/or Jail
• 3 days in Jail and/or
• $100.00 fine - ANSWER-Justice of the Peace and Municipal Courts
Who may serve non-seizure civil processes? - ANSWER-• Sheriff or Constable and
their deputies
• A private process server certified by the Supreme Court
• The clerk of the court may serve by registered mail if the plaintiff or his attorney
request that they do so
__________ is the only thing wages can be garnished for in Texas - ANSWER-Child
Support
Federal authorities can garnish wages for thing such as income tax for student loans
True or False - ANSWER-True
• Both parties claim an ownership interest in the property commonly known as a
Repossession Writ
• Executed by a Sheriff or Constable only
QUESTIONS AND ANSWERS 100%
ACCURATE
a process that is used in a civil lawsuit - ANSWER-Civil Process
all writs and official documents issued by courts in connection with proceedings -
ANSWER-process
a court's written order, in the name of the State or other competent legal authority,
commanding the addressee to do or refrain from doing some specific act - ANSWER-
writ
something tangible on which words, symbols, or markings are recorded - ANSWER-
document
o Civil Jurisdiction- $200.00-$10,000.00
o Non contested probate matters
o Class A and B misdemeanors
o Appeals from Justice of the Peace and Municipal Courts
o The County Judge presides over the Commissioner Court - ANSWER-Constitutional
County Court
o Established by Legislation and has the power established by Legislation
o Civil and Criminal appeals from lower courts
o Civil Suits- $200-$200,000
o Criminal Class A and B Misdemeanors - ANSWER-Statutory County Court (County
Courts at Law)
o Limited to primarily probate matters
o Contested wills
o Appointment of guardians
o Appointed next friends of the court - ANSWER-Probate County Courts
o Regulates the conduct of individuals through threats of fines and imprisonment
o State brings an action against an individual to punish him for breaking one of their
laws
o Peace officer may assume direct responsibility of the investigation and filing criminal
charges against the defendant
, o Criminal judgments may result in the guilty party being assessed a fine only or a fine
and period of confinement or community service when the court finds the defendant
committed the illegal act, beyond a reasonable doubt - ANSWER-Criminal Law
o Defines the legal significance of public and private acts and regulates conduct through
injunctions and the award of money damages
o The plaintiff's suit
o Peace officer should not assume ownership of the suit
o Peace officer is required to follow the rules and the laws that govern the execution of
the civil documents
o A person brings a lawsuit seeking some sort of redress for an injury he claims to of
suffered
o The redress that the person seeks is usually in the form of money. He ask the court to
order his opponent to pay him monetary compensation or an injunction to the defendant
for the wrongful act
o Civil judgments usually require the part adjudge of a wrongful act to compensate the
wronged party in the form of money of the return or possession of property
o A judgment is rendered in favor of the complaining party or the defendant or
somewhere in between based upon the preponderance of evidence before a jud -
ANSWER-Civil Law
o County and District Courts
o Fine and/or Jail
o $500.00 fine and/or
o 6 months in Jail - ANSWER-General Contempt of Court
• Fine and/or Jail
• 3 days in Jail and/or
• $100.00 fine - ANSWER-Justice of the Peace and Municipal Courts
Who may serve non-seizure civil processes? - ANSWER-• Sheriff or Constable and
their deputies
• A private process server certified by the Supreme Court
• The clerk of the court may serve by registered mail if the plaintiff or his attorney
request that they do so
__________ is the only thing wages can be garnished for in Texas - ANSWER-Child
Support
Federal authorities can garnish wages for thing such as income tax for student loans
True or False - ANSWER-True
• Both parties claim an ownership interest in the property commonly known as a
Repossession Writ
• Executed by a Sheriff or Constable only
