Civil Process and Liability
Questions and Complete
Solutions Graded A+
Government Liability
TCPRC § 101.021 - Answer: A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or
the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven
vehicle or motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the
governmental unit would, were it a private person, be liable to the claimant according to Texas law
Due Course of Law:
CCP § 1.04 - Answer: No citizen of this State shall be deprived of life, liberty, property, privileges or
immunities, or in any manner disfranchised, except by the due course of the law of the land
Search and Seizure
CCP § 1.06 - Answer: The people shall be secure in their persons, houses, papers and possessions from
all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing
shall issue without describing them as near as may be, nor without probable cause supported by oath or
affirmation.
Official Misconduct
CCP § 3.04 - Answer: when a public servant intentionally or knowingly commits an violation of a law
while acting in an official capacity as a public servant
Simulating Legal Process
Penal Code § 32.48 - Answer: (a) A person commits an offense if the person recklessly causes to be
delivered to another any document that simulates a summons, complaint, judgment, or other court
process with the intent to:
, (1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with
the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the
intended recipient is a sufficient showing that the document was delivered.
Violations of Civil Rights - Person in Custody
Penal Code § 39.04 - Answer: (a) An official of a correctional facility, an employee of a correctional
facility, a person other than an employee who works for compensation at a correctional facility, a
volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or
immunity knowing his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in
custody or, in the case of an individual in the custody of the Texas Youth Commission, employs,
authorizes, or induces the individual to engage in sexual conduct or a sexual performance.
Civil law - Answer: as a legal system is often compared with common law.
The main difference that is usually drawn between the two systems is:
common law draws abstract rules from specific prior cases,
whereas civil law starts with abstract rules, which judges must then apply to the various cases before
them
Criminal law - Answer: sometimes called penal law, refers to any of various bodies of rules in different
jurisdictions whose common characteristic is the potential for unique and often severe impositions as
punishment for failure to comply.
Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty,
government supervision (parole or probation), or fines.
Acts that are forbidden may be inconsistent between different criminal codes, and even within a
particular code
Civil infractions may give rise also to criminal consequences.
Questions and Complete
Solutions Graded A+
Government Liability
TCPRC § 101.021 - Answer: A governmental unit in the state is liable for:
(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or
the negligence of an employee acting within his scope of employment if:
(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven
vehicle or motor-driven equipment; and
(B) the employee would be personally liable to the claimant according to Texas law; and
(2) personal injury and death so caused by a condition or use of tangible personal or real property if the
governmental unit would, were it a private person, be liable to the claimant according to Texas law
Due Course of Law:
CCP § 1.04 - Answer: No citizen of this State shall be deprived of life, liberty, property, privileges or
immunities, or in any manner disfranchised, except by the due course of the law of the land
Search and Seizure
CCP § 1.06 - Answer: The people shall be secure in their persons, houses, papers and possessions from
all unreasonable seizures or searches. No warrant to search any place or to seize any person or thing
shall issue without describing them as near as may be, nor without probable cause supported by oath or
affirmation.
Official Misconduct
CCP § 3.04 - Answer: when a public servant intentionally or knowingly commits an violation of a law
while acting in an official capacity as a public servant
Simulating Legal Process
Penal Code § 32.48 - Answer: (a) A person commits an offense if the person recklessly causes to be
delivered to another any document that simulates a summons, complaint, judgment, or other court
process with the intent to:
, (1) induce payment of a claim from another person; or
(2) cause another to:
(A) submit to the putative authority of the document; or
(B) take any action or refrain from taking any action in response to the document, in compliance with
the document, or on the basis of the document.
(b) Proof that the document was mailed to any person with the intent that it be forwarded to the
intended recipient is a sufficient showing that the document was delivered.
Violations of Civil Rights - Person in Custody
Penal Code § 39.04 - Answer: (a) An official of a correctional facility, an employee of a correctional
facility, a person other than an employee who works for compensation at a correctional facility, a
volunteer at a correctional facility, or a peace officer commits an offense if the person intentionally:
(1) denies or impedes a person in custody in the exercise or enjoyment of any right, privilege, or
immunity knowing his conduct is unlawful; or
(2) engages in sexual contact, sexual intercourse, or deviate sexual intercourse with an individual in
custody or, in the case of an individual in the custody of the Texas Youth Commission, employs,
authorizes, or induces the individual to engage in sexual conduct or a sexual performance.
Civil law - Answer: as a legal system is often compared with common law.
The main difference that is usually drawn between the two systems is:
common law draws abstract rules from specific prior cases,
whereas civil law starts with abstract rules, which judges must then apply to the various cases before
them
Criminal law - Answer: sometimes called penal law, refers to any of various bodies of rules in different
jurisdictions whose common characteristic is the potential for unique and often severe impositions as
punishment for failure to comply.
Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty,
government supervision (parole or probation), or fines.
Acts that are forbidden may be inconsistent between different criminal codes, and even within a
particular code
Civil infractions may give rise also to criminal consequences.
