BPOC - Civil Process
Questions and Complete
Solutions Graded A+
PC 39.02 - Abuse of official capacity - Answer: A public servant commits an offense if, with intent to
obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the
government that has come into the public servant's custody or possession by virtue of the public
servant's office or employment.
Personal property is exempt from seizure if it is__________ dollars or less for a married person,
_________for single. - Answer: 60,000, 30,000
Civil procedures are legal actions that take place before __________ are filed (USUALLY) - Answer:
criminal cases
AD LITEM - Answer: AD LITEM (Latin) - At pleasure. • The modern term ad-lib (adj. & Vb.). borrowed
from drama and music, is essentially the same; it means "at the performer's pleasure," and allows the
performer discretion in innovating a part impromptu. Black's P46. For the purposes of the suit; a
guardian ad litem is a person appointed by the court to represent a minor, an incompetent person or
any other person entitled to such protection by law.
JURISDICTIONAL AMOUNT - Answer: The money amount involved in the particular case or dispute by
which the jurisdiction of the court to determine the case is measured; part of "subject matter"
jurisdiction. Up to $10,000 or less. District court handles child support and titles on land.
PERSONAL PROPERTY - Answer: Articles associated with a person, as opposed to real property (land).
(land and all the improvements they are on)
DUCES TECUM - Answer: Bring with you. Black's P 538 Common use is a Subpoena Duces Tecum to
secure records in a criminal case. The term was removed from civil law when the rules were revised to
, allow a Subpoena to require an individual appear in court or require records and other things to be
produced in court. Subpoena Duces Tecum is still issued in criminal law cases.
The first legal remedy a plaintiff has in collecting a judgement is a writ of execution. They are ___,___,
and ___ day timelines. Unless otherwise noted, it is ___ days. - Answer: 30,60,90,90
TORT - Answer: 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.
Maximum amount heard in JP court is____________ - Answer: $10,000
The attorney at charge in civil cases - Answer: Represents the plaintiff.
In a civil case, a judgment is rendered in favor of the complaining party or the defendant or somewhere
in between based upon the ________________ before a judge or jury. - Answer: preponderance of the
evidence
The 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 _________or___________ that represents the commissioning authority of the officer. -
Answer: agency or political sub-division
Why documents are signed and dated: - Answer: Texas rules of courts say it is necessary, and it aides in
prioritizing issuance of funds (first come first serve)
ATTACHMENT - Answer: The 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.
AFFIANT - Answer: The person who swears to an affidavit or statement. (the officer)
AFFIDAVIT - Answer: A written or printed statement or declaration of facts, made voluntarily and sworn
to or affirmed by an affiant before a person having authority to administer an oath or affirmation.
Questions and Complete
Solutions Graded A+
PC 39.02 - Abuse of official capacity - Answer: A public servant commits an offense if, with intent to
obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant's office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the
government that has come into the public servant's custody or possession by virtue of the public
servant's office or employment.
Personal property is exempt from seizure if it is__________ dollars or less for a married person,
_________for single. - Answer: 60,000, 30,000
Civil procedures are legal actions that take place before __________ are filed (USUALLY) - Answer:
criminal cases
AD LITEM - Answer: AD LITEM (Latin) - At pleasure. • The modern term ad-lib (adj. & Vb.). borrowed
from drama and music, is essentially the same; it means "at the performer's pleasure," and allows the
performer discretion in innovating a part impromptu. Black's P46. For the purposes of the suit; a
guardian ad litem is a person appointed by the court to represent a minor, an incompetent person or
any other person entitled to such protection by law.
JURISDICTIONAL AMOUNT - Answer: The money amount involved in the particular case or dispute by
which the jurisdiction of the court to determine the case is measured; part of "subject matter"
jurisdiction. Up to $10,000 or less. District court handles child support and titles on land.
PERSONAL PROPERTY - Answer: Articles associated with a person, as opposed to real property (land).
(land and all the improvements they are on)
DUCES TECUM - Answer: Bring with you. Black's P 538 Common use is a Subpoena Duces Tecum to
secure records in a criminal case. The term was removed from civil law when the rules were revised to
, allow a Subpoena to require an individual appear in court or require records and other things to be
produced in court. Subpoena Duces Tecum is still issued in criminal law cases.
The first legal remedy a plaintiff has in collecting a judgement is a writ of execution. They are ___,___,
and ___ day timelines. Unless otherwise noted, it is ___ days. - Answer: 30,60,90,90
TORT - Answer: 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.
Maximum amount heard in JP court is____________ - Answer: $10,000
The attorney at charge in civil cases - Answer: Represents the plaintiff.
In a civil case, a judgment is rendered in favor of the complaining party or the defendant or somewhere
in between based upon the ________________ before a judge or jury. - Answer: preponderance of the
evidence
The 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 _________or___________ that represents the commissioning authority of the officer. -
Answer: agency or political sub-division
Why documents are signed and dated: - Answer: Texas rules of courts say it is necessary, and it aides in
prioritizing issuance of funds (first come first serve)
ATTACHMENT - Answer: The 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.
AFFIANT - Answer: The person who swears to an affidavit or statement. (the officer)
AFFIDAVIT - Answer: A written or printed statement or declaration of facts, made voluntarily and sworn
to or affirmed by an affiant before a person having authority to administer an oath or affirmation.
