KLETC TEST 9 STUDY GUIDE 2025 QUESTIONS
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Civil Process 02.06
1 Define the differences between civil law and criminal law.
Ans: Criminal law's purpose is to punish the offenders, it is the people that
bring the action, they are punished by incarceration or fines, and the burden of
proof is beyond a reasonable doubt.
Civil law's purpose is compensation to the victim, the aggrieved person is the one
that brings the action, they are punished by monetary damages, and the burden of
proof in civil law is generally preponderance of guilt.
They overlap in punitive damages and in restitution.
2 Define the common types of civil actions, e.g. small claims, eviction proceeding,
writ, nuisance abatements, etc.
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Ans: Injunctions- orders to do or not do something
Restraining Order- maintain status quo while a lawsuit is pending (must be
personally served).
PFA- Protection from Abuse a restraining order that is applicable in domestic
violence situation. Must be served personally - for PFS too).
Citation for Contempt - Bring person before a court and have them explain why
they have not complied with court order (not the same as FTA).
Also called SHOW CAUSE order.
Garnishments - process where defendant's property is seized while a 3rd party is
in possession of the property.
Attachments- procedure by which a defendants by property while it is in
Habeas Corpus- a writ used to challenge the legality of any detention,
confinement or restraint.
Forcible Detainer - is the removal from real property of a person who was at
some time before the action in lawful possession of the property.
Forcible Ejectment - is the removal from real property of a person who was
never in the lawful possession of the property.
Subpoenas- are orders from a court commanding the appearance of a person in
court, or the presentation of documents in court.
3 Define the responsibilities of those against whom a civil action has been
initiated.
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Ans: They are responsible for doing or not doing what that action tells them to,
also for providing the information that is asked for or to appear when and where
they are ordered to.
4 Define sources of information and referral sources for those facing civil legal
actions.
Ans: The officer can give no legal advice, and shall not refer the defendants to
any specific lawyer. He can tell the person about things like legal aid, bar
associations, and the yellow pages for the person to find good legal counsel.
5 Identify and explain the purpose of a subpoena.
Ans: Subpoena for the attendance of witnesses
A subpoena is an order from a court or other authorized entity commanding the
attendance of a person to attend and give testimony at a time and place specified
in the subpoena.
Subpoena for the production of documentary evidence
● A subpoena may command the person to appear and produce books, papers,
documents, or tangible things designated in the subpoena.
● Subpoena duces tecum - may be satisfied by production of the requested
records without the need for the person to actually appear. (bring documents)
● Subpoena Ad Testification - show up to court to testify in person.
6 Define how to serve a subpoena.
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Ans: Service may be accomplished by any method authorized under KSA 60-
303. Approved methods include:
Personal service- is delivery of the process into the physical custody of the
intended recipient. Offer plus refusal is equal to service, meaning that if they
refuse to take the papers they have still been served. (OFFER + REFUSAL =
SERVICE)
Residential Service- is the accomplished by leaving a copy of the process at the
target's house or usual place of abode with some person of suitable age and
discretion.
Tacking
● Process of affixing service to the usual place of abode of the target. This must
only be done if residential service is not available. (LAST RESORT)
● Can't do to minor/institutionalized/disabled person
Return Receipt Delivery- mailing of the process to the target using some sort of
mail that has a receipt, including using certified mail, priority mail, commercial
courier service, overnight delivery service, other reliable personal delivery
service.
Publication- is service by publication in a newspaper that is authorized. There are
several things that make it authorized, normally lawyers will do this.
7 Define the remedies for failure to obey a subpoena.
Ans: Failure to comply with a subpoena without excuse is punishable by
contempt. If the subpoena is to trial or a hearing, the court may issue a bench
warrant commanding that the person be arrested and brought before the judge.
8 Define the legal requirements for arresting a person who has failed to obey a
subpoena.
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