Civil Process Proficiency Exam - Questions With
Correct Solutions
A citation to a Political Subdivision may be served to whom? (TCPRC
17.024) Correct Answer - President of the School Board
Mayor
County Judge
All of the above
If an officer fails or refuses to levy on or sell property subject to
execution and the levy or sale could have taken place, the officer and
his sureties are liable to the party entitled for actual damages
suffered? (TCPRC 34.065) Correct Answer - True
If an officer fails or refuses to deliver money collected under an
execution when demanded by the person entitled to receive the
money, the officer and his sureties are liable to the person for the
amount collected and damages at a rate of 1% per month if proven
by injured party? (TCPRC 34.067) Correct Answer - 1%
The officer attaching personal property shall retain possession until
judgment unless the property is? (TCPRC 61.042) Correct Answer
- Replevied
Sold as provided by law
Claimed by third party who posts a bond and tries his right to the
property.
All of the above
A defendant means a person or governmental entity against whom a
plaintiff commences or maintains or seeks to commence or maintain
litigation. (TCPRC 11.001) Correct Answer - True
, Justice Court in the precinct where the property is located Correct
Answer - Has jurisdiction in ovations suits (TPC 24.004)
Plaintiff Correct Answer - an individual who commences or
maintains a litigation
In a county suit, a witness is entitled to $10 for each day the witness
attends court. Correct Answer - In a county suit, a witness is
entitled to $10 for each day the witness attends court.
An application for the Writ of Mandamus must be filed before the
later of: 90th day before the trial starts; or the 10th day after the
date the party receives notice of the trial setting. Correct Answer -
An application for the Writ of Mandamus must be filed before the
later of: 90th day before the date the trial starts; or the 10th day
after the date the party receives notice of the trial setting.
A witness is privileged from arrest while attending, going to and
returning from court. Correct Answer - A witness is privileged
from arrest while attending, going to and returning from court.
A Writ of Attachment Correct Answer - Commands a peace
officer to take the body of a witness and bring before such court on a
day named forthwith.
What steps shall an officer follow when distributing proceeds from a
sale (execution)? Correct Answer - Officer shall delivery
money collected to the entitled party at the earliest opportunity.
After judgment and cost paid-excess hall be immediately paid to the
defendant or his age or attorney.
Officer entitled to retain reasonable expenses incurred unmaking
levy and keeping property.
All of the above
Correct Solutions
A citation to a Political Subdivision may be served to whom? (TCPRC
17.024) Correct Answer - President of the School Board
Mayor
County Judge
All of the above
If an officer fails or refuses to levy on or sell property subject to
execution and the levy or sale could have taken place, the officer and
his sureties are liable to the party entitled for actual damages
suffered? (TCPRC 34.065) Correct Answer - True
If an officer fails or refuses to deliver money collected under an
execution when demanded by the person entitled to receive the
money, the officer and his sureties are liable to the person for the
amount collected and damages at a rate of 1% per month if proven
by injured party? (TCPRC 34.067) Correct Answer - 1%
The officer attaching personal property shall retain possession until
judgment unless the property is? (TCPRC 61.042) Correct Answer
- Replevied
Sold as provided by law
Claimed by third party who posts a bond and tries his right to the
property.
All of the above
A defendant means a person or governmental entity against whom a
plaintiff commences or maintains or seeks to commence or maintain
litigation. (TCPRC 11.001) Correct Answer - True
, Justice Court in the precinct where the property is located Correct
Answer - Has jurisdiction in ovations suits (TPC 24.004)
Plaintiff Correct Answer - an individual who commences or
maintains a litigation
In a county suit, a witness is entitled to $10 for each day the witness
attends court. Correct Answer - In a county suit, a witness is
entitled to $10 for each day the witness attends court.
An application for the Writ of Mandamus must be filed before the
later of: 90th day before the trial starts; or the 10th day after the
date the party receives notice of the trial setting. Correct Answer -
An application for the Writ of Mandamus must be filed before the
later of: 90th day before the date the trial starts; or the 10th day
after the date the party receives notice of the trial setting.
A witness is privileged from arrest while attending, going to and
returning from court. Correct Answer - A witness is privileged
from arrest while attending, going to and returning from court.
A Writ of Attachment Correct Answer - Commands a peace
officer to take the body of a witness and bring before such court on a
day named forthwith.
What steps shall an officer follow when distributing proceeds from a
sale (execution)? Correct Answer - Officer shall delivery
money collected to the entitled party at the earliest opportunity.
After judgment and cost paid-excess hall be immediately paid to the
defendant or his age or attorney.
Officer entitled to retain reasonable expenses incurred unmaking
levy and keeping property.
All of the above
