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Civil Procedure Course Law Enforcement II Unit VIII Civil Law and Procedure Essential Question What role does Law Enforcement play on the civil process? TEKS §130.294(c) (8)(A)(B)(C) Prior Student Learning None Estimated Time 4 hours

Rationale Law Enforcement officers primarily handle criminal law activities. However, there are some circumstances in which a law enforcement officer may become involved in the civil process. Officers must understand the different types of civil service, the limits on the use of force and entry, and the civil process that has criminal penalties. Objectives The student will be able to:

1. Identify key terms in the civil process. 2. Examine the role of law enforcement in civil law. 3. Research civil law procedures such as attachment, garnishment, claim

and delivery. 4. Identify the limits on the use of force and entry to private property during

civil process service. 5. Differentiate between domestic violence, protective orders, order of no

contact, and order to pick up children. 6. Explore criminally enforceable laws related to child custody.

Engage Ask students to tell you what they know about civil law/procedures. Discuss what areas of life are covered under civil law. Write the students’ ideas on the board. Students may be able to relate to civil laws in terms of television courtroom shows. Show a video clip if available. Ask the students, “What makes a case civil instead of criminal?” You may also wish to discuss civil law as it relates to “common law marriage.” Use the Discussion Rubric for assessment. Key Points I. Key Terms

A. Alternative Service − a method of delivering to an uncooperative defendant

B. Answer − a defendant’s written reply to a plaintiff’s petition C. Applicant − a party making application to the court or petitioning for

some action D. Attachment − a procedure or writ which may be used to bring a person

or property into the custody of the court E. Citation − an official notice from a court of competent jurisdiction, issued

to a defendant after a plaintiff’s petition is filed; the citation commands the defendant to answer and appear in court at a specific time

F. Civil Law − portion of the law which defines the personal and property rights of individuals, the rights of an individual to seek redress or to prevent a wrong, and any action other than criminal proceedings

G. Civil subpoena − a command to appear at a certain time and place to give testimony upon a certain matter


H. Contempt − proceedings held to determine whether a person has violated a lawful court order and to set punishment if a violation is found

I. Default judgment − can result when there is a failure to perform some action required by law within the specified time. May be rendered against a party who has failed to answer or appear as directed

J. Diligent effort − persistent activity, prudence or care; what is properly expected from a reasonable and prudent person under the particular circumstances

K. Ex Parte − any proceedings which are held for the benefit of, or on application of only one party; in the absence of one party

L. Execution of judgment − most common writ, issued to seize property to satisfy a judgment

M. Garnishment − a writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant but to deliver or hold it for the plaintiff or as directed by the court

N. Habeas Corpus − a writ which orders that a person be brought before the court in order to test the legality of his detention by the person to whom the writ is directed

O. Injunction − a writ issued by a court that demands or prohibits specified actions

P. Instanter − immediate; now or instantly Q. Judgment − The final order of a court in a civil suit which settles all

disputed issues and determines the rights of the parties with regard to the subject matter of the suit, and which is subject to being enforced by a writ

R. Jurisdiction − the power of a court to lawfully act with regard to persons and property

S. Orders − the directions of a court or judge; a mandate or command T. Petition − A document filed by the plaintiff with the clerk of the court

which outlines the basis of the complaint against the defendant and the relief being sought from the court

U. Plaintiff − a party in a civil suit; mainly the one who initiates the suit by filing a petition

V. Possession − a writ employed to enforce a judgment to recover possession of real or personal property (used in eviction process)

W. Process − all writs and official documents issued by courts in connection with pending suits

X. Respondent − defendant in a civil suit Y. Restraining Order − an order to the defendant prohibiting him or her from

performing an act prohibited in the order until a formal hearing can be conducted

Z. Return − the endorsement made by a constable or sheriff upon process; writ or notice stating what has been accomplished, and the time and mode of service

AA. Service − the delivery of a writ, notice or injunction, etc. by an authorized


person, to a person who is thereby officially notified of some proceeding concerning him or her

BB. Sequestration − an order directing the sheriff or constable to take into his or her possession certain property of which another person has possession until the suit can be decided or as the court directs

CC. Show cause − a notice to the defendant to either appear in court or prepare a written answer to show cause for failing to respond to a previous order of the court (a.k.a. notice)

DD. Style or format − the prescribed structure for the clerks of the court to use in developing the process

EE. Subpoena Duces Tecum − process by which a court, at the direction of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial

FF. Tort − any one of various legally recognized private injuries or wrongs; a civil action

GG. Writ − a legal order issued by the court, in the name of the state to compel a person to do something specifically ordered

II. The Role of Law Enforcement in Civil Law

A. Sheriff and Constables 1. Constitutionally created and elected officials 2. Usually execute and demonstrate the civil process 3. Must take an oath of office and provide a surety bond as required

under law B. Police

1. Any peace officer may serve the civil process if authorized by law or directed to by the court

2. Most city departments require an order from a court and approval from the administration for the officers to serve the civil process

C. Eviction Process (Property Code (PC) § 24.005) 1. Eviction − the complete process used by a landlord to regain

possession of rented property 2. Requirements before the filing of the eviction process

a) 72-hours (three days) written notice to the defendant if the suit is for past due money (nonpayment of rent)

b) 30 day notice for all other reasons c) The suit must be filed in the justice precinct in which the

property is located 3. Procedures for filing and service of the eviction process

a) After notice is given, the plaintiff may file suit in the appropriate justice or probate court

b) The suit is called Forcible Entry and Detainer (Citation) – this proceeding requests of the court the right to regain possession for a plaintiff or landlord

c) The procedure for a forcible entry and detainer suit is the same

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm


for other civil suits with the following exceptions: (1) If stated, anyone 16 years or older may be served with the

process (2) A hearing must be held no less than six days and no more

than 10 days from the date of issuance (3) Alternate service is available (4) The appeal time after the rendering of judgment is five

days, as opposed to 30 days 4. Enforcement of the eviction process (PC § 24.0061)

a) Upon expiration of the appeal time the plaintiff may obtain a Writ of Possession to regain possession of the property

b) The Writ commands the sheriff or constable to regain the possession of the property by using reasonable force, if necessary

c) The sheriff or constable is responsible for restoring possession of the property to the plaintiff

d) Property that is removed by the landlord or plaintiff may be stored or placed outside the premises. No property shall be placed outside by the landlord, sheriff, or constable while it is raining, sleeting, or snowing

(1) Procedures for the sheriff/constable to assist the tenant in gaining entry to his or her property

(a) A tenant who has been unlawfully denied access to a leased premise by a landlord may obtain a Writ of Reentry from a Justice of the Peace. The sheriff/constable would serve the Writ

(b) A Writ of Reentry allows the tenant back into the premises

(c) A Writ of Possession supersedes a Writ of Reentry III. Civil Law Procedures (Texas Rules of Civil Procedure ((RCP)))

A. Civil suit process 1. An incident occurs resulting in a civil wrong 2. The style or format is developed. The plaintiff and the defendant are

identified. There can be multiple plaintiffs and/or multiple defendants. Either side may be individuals, partnerships, or corporations

3. Some type of demand is made to the defendant, and if the parties are unable to resolve the dispute, a suit may commence

4. Plaintiffs must be within the statute of limitations to file a suit. The statute is a) Two years b) Unless a written agreement of the parties extends it to four

years 5. The petition is prepared. The petition explains what the suit is about 6. It is determined what court the suit should be filed in. Remember


http://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf


that some courts have concurrent jurisdiction and sometimes specific suits have to be filed in specific courts

7. The petition is then filed in the proper court 8. The complaining party may also file certain additional documents

with the original petition (for example, temporary restraining orders, show cause orders, etc.)

9. Upon filing the petition, court clerk issues a citation or cover document for service. The citation must be a) Styled in the name of “The State of Texas” b) Signed by the clerk under seal c) Directed by the defendant d) In plain language (“You have been sued”)

10. The citation must include a) Name and location of the court b) Date of filing c) Date of issuance d) The names of the parties e) The file number f) Name and address of the attorney or otherwise the plaintiff g) Notice of filing of a written answer in a specified time h) Address of the clerk i) Notification to the defendant that failure to file a written answer

can result in a judgment of default B. Process of Service

1. The citation may be served by the constable, sheriff, or other authorized person approved by the court

2. It may be served by one of the following methods: a) In person face-to-face (this is the preferred method) b) By registered or certified mail c) By publication d) Alternative service − a method of delivering to an

uncooperative defendant 3. A citation may not be served on a Sunday; however, most other

civil documents can be served or executed at any time 4. Every officer or authorized person receiving the process shall

endorse the date and time of receipt, and without delay and upon service by any method shall state when and by what manner served and endorsed by signature (RCP 105)

5. Person serving the process can be held in contempt of court for failure to execute or return the process (Code of Criminal Procedure ((CCP)) Art. 2.16) and RCP 107)

6. It is the duty of the sheriff and the constable to execute and make a return to the court of civil process documents. (CCP Art. 24.04)

7. After service has been effected and the defendant does not make a written answer, a default judgment may be rendered by the court against the defendant


http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.2.htm#2.13





8. Upon completion of the trial, the court will render a decision based upon preponderance of the evidence, either in favor of the plaintiff or defendant, or somewhere in between

9. Following the rendering of a decision by the court, both parties have 30 days to appeal that decision to the next highest court

C. Enforcement documents of lawsuits 1. Civil Subpoena 2. Subpoena Duces Tecum (CCP Art. 24.02) 3. Writs

a) Requirements (1) Styled “The State of Texas” (2) Directed to the person or persons enjoined (3) State the name of the parties to the proceedings, the

request of the plaintiff, and the action taken by the judge (4) Commands the person or person to whom it is directed to

desist and refrain from the commission or continuance of the act enjoined, or to obey and execute such an order as the judge has seen proper to make

(5) If it is a temporary restraining order, it shall state the day and time set for hearing, which shall not exceed fourteen days from the date the temporary injunction was issued after notice; it shall be made returnable at or before 10 a.m. of the Monday next after the expiration of twenty days from the date of the service thereof, as in the course of ordinary citations

(6) It shall be dated and signed by the clerk with his or her seal and the date of issuance

b) Types of Writs (1) Sequestration (Civil Practice and Remedies Code

((CPRC)) Ch. 62) − an order directing the sheriff or constable to take into his possession certain property of which another person has possession until the suit can be decided or as the court directs

(2) Garnishment (CPRC Ch. 63) − a writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant, but to deliver or hold it for the plaintiff or as directed by the court

(3) Attachment (CPRC Ch. 61) − a procedure or writ which may be used to bring a person or property into the custody of the court

(a) Such property is seized and maintained in the custody of a designated official, under order and supervision of the court

(b) Commonly use the plaintiff to secure a contingent lien on a defendant’s property in event that the


http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.62.htm





plaintiff obtains a judgment against the defendant (4) Possession (PC § 24.0061) – (claim and delivery) a writ

employed to enforce a judgment to recover possession of real or personal property (used in the eviction process). Procedures are used

(a) To obtain possession of tangible property that is security for a debt in default

(b) To reclaim chattels that have been loaned or leased to another and not returned

(c) To obtain property whose ownership is in dispute (5) Habeas Corpus (CCP Ch. 11) − a writ which orders that a

person be brought before the court in order to test the legality of his detention by the person to whom the writ is directed

4. Other Documents a) Distress Warrant (PC § 54.006) − a writ issued by a Justice of

the Peace court directing the seizure of a tenant’s property for failure to pay rent as due; can only be issued for commercial tenant/landlord relationships

b) Notices c) Show cause − a notice to the defendant to either appear in

court or prepare a written answer to show cause for failing to respond to a previous order of the court; also known as a notice

d) Restraining Order (CPRC § 65.002) − an order to the defendant prohibiting him from performing an act prohibited in the order until a formal hearing can be conducted

IV. Use of Force and Entry (PC § 24.0061)

A. After a Writ of Possession has been issued, the sheriff is directed to remove the property of the tenant out of the home to the closest public property, normally the street curb

B. In nearly all states, process servers are restricted from trespassing on property as a means of serving process

C. Under any circumstance, an officer may not use more force than is reasonably necessary

V. Civil Orders

A. Protective Order – the court may order any member of the family or household who is alleged to have committed family violence to do or refrain from doing specified acts (Family Code ((FC)) Ch. 85)

1. Valid for two years 2. Civilly and criminally enforceable 3. After one year, the subject of the protection can file for a rehearing

and ask that the order to be lifted 4. If the subject is imprisoned, the protective order can be extended


http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.11.htm

http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.54.htm#54.005


http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.24.htm#24.0061

http://www.statutes.legis.state.tx.us/SOTWDocs/FA/htm/FA.85.htm


for one year from the date of his or her release 5. Protective orders protect against

a) Committing further acts of violence b) Harassing or threatening a victim, either directly or indirectly, by

communicating the threat through another person c) Going to or near a school or daycare center that a child

protected under the order attends 6. Who can file a Protective order

a) An adult member of the family or household b) Any adult for the protection of a child c) A prosecuting attorney d) The Department of Human and Regulatory services

7. The alleged victim of family violence is the applicant 8. Violation of an order is a Class A misdemeanor 9. Violation of Protective Order (Penal Code § 25.07)

a) Authorizes arrest without warrant based on probable cause. Probable cause can be based on witness statements, physical evidence such as bruises, or from your own admissions

b) The violator will be held without bail until the judge determines the immediate threat to the victim is gone

B. Emergency Protective Order − allows any magistrate to issue a protective order against someone arrested for assault or family violence (CCP Art. 17.292)

1. Good for 31 to 61 days after issuance 2. May be requested by several people, including a peace officer 3. Must be issued if the arrest for family violence or stalking involves

the use of exhibition of a deadly weapon or serious bodily injury 4. Victim does not have to be present for order to be issued 5. Violation is a class A misdemeanor 6. Who can file for an Emergency Protective Order?

a) The victim b) The guardian of the victim c) The attorney representing the state

C. Order of No Contact − An emergency injunction that prohibits the suspect from contacting the victim through physical contact, telephone, email, text messages, letters, or messages delivered by third party (CCP Art. 17.292)

1. Used when a party fears for personal safety of themselves or others 2. Fears can be actual or threatened domestic violence, or actual or

threatened violence in any other situation 3. Length of the order is decided by the judge

VI. Criminally Enforceable Laws (Penal Code Ch. 25)

A. Child Custody in Texas 1. Unless there is a court order granting custody, both parents have

equal rights to their child(ren)

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.25.htm#25.07




http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.25.htm


2. Either parent may take a child anywhere they choose, and the other parent does not have to be notified about the child’s whereabouts

3. Law enforcement involvement in child custody is very limited and they can only intervene if someone’s safety is threatened

4. Law enforcement mostly documents instances of violations of court orders of custody

5. Law enforcement cannot search out a child who has not been returned, unless the child is in danger

B. Interference with Child Custody (Penal Code § 25.03) 1. A person commits an offense by retaining custody of a child under

18: a) Knows taking or retaining violates the terms of a judgment or

order, including a temporary order OR b) Has not been awarded custody, knows that divorce, civil suit, or

application for habeas corpus to dispose of the child’s custody has been filed

c) Takes the child out of a geographic area of counties composing the judicial district without permission of the court and with intent to deprive the court of authority over the child

d) A noncustodial parent commits, with intent to interfere with lawful custody of a child under 18, a non-custodial parent knowingly entices or persuades a child to leave the custody of a custodial parent or guardian

e) Defense to prosecution that actor returned the child to geographic area of jurisdiction within 3 days after the date of offense

f) Offense is a State Jail Felony C. Agreement to Abduct from Custody (Penal Code § 25.031)

1. A person commits an offense if he or she agrees, for payment or promise of payment, to a) Abduct a child under 18 by

(1) Force (2) Threat of force (3) Misrepresentation (4) Stealth (5) Unlawful entry

b) Knowing the child is under the care and control of a person having custody or physical possession of the child under court order, OR under the care and control with consent of a person having custody or physical possession under court order

c) Offense is Class B misdemeanor D. Enticing a Child (Penal Code § 25.04)

1. A person commits an offense if a) With intent to interfere with the lawful custody of a child under

18 b) Knowingly entices, persuades, or takes the child from the





custody of a parent or guardian c) Class B misdemeanor

Activities 1. Vocabulary Bingo. Have students create bingo cards by drawing a grid that is

five columns by six rows. Have the students label the columns: B, I, N, G, O. Then have them write a key term in each of the squares (Note: key terms should be placed into the boxes randomly). Then have the students tear small pieces of paper to use to cover the squares later. When you are ready to begin call out a definition from the Civil Procedure Key Terms handout. Have the students cover the square with the appropriate key term on their cards. The first student to fill in a line of squares (vertical, horizontal or diagonal) and to shout, “bingo!” wins. You may choose to offer bonus points or treats as awards for winning. Play several times until all of the vocabulary words have been used. Check the winning students’ cards against the definitions you read to determine if student covered the correct words. Use the Individual Work Rubric for assessment.

2. Civil Research. Assign each student one of the following terms:

Attachment

Garnishment

Claim

Delivery Have the students research the civil law procedure for each and prepare a short presentation to share their research with the class. Use the Research Rubric and the Presentation Rubric for assessment.

Assessments Civil Procedure Exam and Key Civil Procedure Key Term Quiz and Key Discussion Rubric Individual Work Rubric Presentation Rubric Research Rubric Writing Rubric Materials Civil Procedure computer-based presentation Civil Procedure Key Terms handout Paper and pencils Computers with Internet access or other resources for research Computers with desktop-publishing software or paper and colored pencils Resources Texas Constitution and Statutes http://www.statutes.legis.state.tx.us/

Civil Practice and Remedies Code (CPRC)

http://www.statutes.legis.state.tx.us/


Code of Criminal Procedure (CCP)

Family Code

Penal Code

Property Code (PC) Texas Rules of Civil Procedure (RCP)

http://www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf Arlington Police Academy, Civil Process and Procedure, Judge Milner www.mountvernonnews.com/local/10/08/07/law-enforcement-limited-in-child-custody-issues www.oag.state.tx.us/victims/protective.shtml www.usmarshals.gov/process/attachment.htm www.civil.lasd.org/civilprocess/cwig04.html?1 Do an Internet search for the following:

Answers topic garnishments

Accommodations for Learning Differences For reinforcement, students will research what types of civil law exists in Texas, and which courts have jurisdiction over those types of civil law (i.e. family law, small claims, business law). Use the Research Rubric for assessment. For enrichment, students will create a pamphlet detailing instructions for one of the following processes in civil procedure. The pamphlet needs to contain definitions, key terms and step-by-step instructions. Students may choose any one of the following:

Eviction process

Civil suit process

Process of service

Types of writs

Protective orders

Laws related to child custody Use the Individual Work Rubric for assessment. State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education §130.294. Law Enforcement II (One to Two Credits).

(8) The student explores civil law enforcement procedures for serving writs, warrants, and summons. The student is expected to: (A) research civil law procedures such as attachment,

garnishment, claim, and delivery; (B) identify limits on use of force and entry to private property

during civil process service; and (C) differentiate domestic violence Protective Orders, Order of

No Contact, and Orders to Pick up Children. College and Career Readiness Standards English/Language Arts Standards


http://www.mountvernonnews.com/local/10/08/07/law-enforcement-limited-in-child-custody-issues

http://www.mountvernonnews.com/local/10/08/07/law-enforcement-limited-in-child-custody-issues

http://www.oag.state.tx.us/victims/protective.shtml

http://www.usmarshals.gov/process/attachment.htm

http://www.civil.lasd.org/civilprocess/cwig04.html?1


V. Research A. Formulate topic and questions.

1. Formulate research questions. 2. Explore a research topic.


Civil Procedure Key Terms

Alternative Service − a method of delivering to an uncooperative defendant

Answer − a defendant’s written reply to a plaintiff’s petition

Applicant − a party making application to the court or petitioning for some action

Attachment − a procedure or writ which may be used to bring a person or property into the custody of the court

Citation − an official notice from a court of competent jurisdiction, issued to a defendant after a plaintiff’s petition is filed; the citation commands the defendant to answer and appear in court at a specific time

Civil Law − portion of the law which defines the personal and property rights of individuals, the rights of an individual to seek redress or to prevent a wrong, and any action other than criminal proceedings

Civil subpoena − a command to appear at a certain time and place to give testimony upon a certain matter

Contempt − proceedings held to determine whether a person has violated a lawful court order and to set punishment if a violation is found

Default judgment − can result when there is a failure to perform some action required by law within the specified time. May be rendered against a party who has failed to answer or appear as directed

Diligent effort − persistent activity, prudence or care; what is properly expected from a reasonable and prudent person under the particular circumstances

Ex Parte − any proceedings which are held for the benefit of, or on application of only one party; in the absence of one party

Execution of judgment − most common writ, issued to seize property to satisfy a judgment

Garnishment − a writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant but to deliver or hold it for the plaintiff or as directed by the court

Habeas Corpus − a writ which orders that a person be brought before the court in order to test the legality of his detention by the person to whom the writ is directed

Injunction − a writ issued by a court that demands or prohibits specified actions

Instanter − immediate; now or instantly

Judgment − The final order of a court in a civil suit which settles all disputed issues and determines the rights of the parties with regard to the subject matter of the suit, and which is subject to being enforced by a writ

Jurisdiction − the power of a court to lawfully act with regard to persons and property

Orders − the directions of a court or judge; a mandate or command


Petition − A document filed by the plaintiff with the clerk of the court which outlines the basis of the complaint against the defendant and the relief being sought from the court

Plaintiff − a party in a civil suit; mainly the one who initiates the suit by filing a petition

Possession − a writ employed to enforce a judgment to recover possession of real or personal property (used in eviction process)

Process − all writs and official documents issued by courts in connection with pending suits

Respondent − defendant in a civil suit

Restraining Order − an order to the defendant prohibiting him or her from performing an act prohibited in the order until a formal hearing can be conducted

Return − the endorsement made by a constable or sheriff upon process; writ or notice stating what has been accomplished, and the time and mode of service

Service − the delivery of a writ, notice or injunction, etc. by an authorized person, to a person who is thereby officially notified of some proceeding concerning him or her

Sequestration − an order directing the sheriff or constable to take into his or her possession certain property of which another person has possession until the suit can be decided or as the court directs

Show cause − a notice to the defendant to either appear in court or prepare a written answer to show cause for failing to respond to a previous order of the court (a.k.a. notice)

Style or format − the prescribed structure for the clerks of the court to use in developing the process

Subpoena Duces Tecum − process by which a court, at the direction of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial

Tort − any one of various legally recognized private injuries or wrongs; a civil action

Writ − a legal order issued by the court, in the name of the state to compel a person to do something specifically ordered


Name:________________________________ Date:___________________________

Civil Procedure Exam

1. _____ Which of the following occurs first in the civil suit process? A. Plaintiffs must be within the statute of limitations to file a suit B. The petition is filed in the proper court C. Some type of demand is made on the defendant and if the parties are unable

to resolve the dispute, suit may commence D. The petition (which tells what the suit is about) is prepared

2. _____ Which of the items below must be included on a citation?

A. Notice of filing of a written answer in a specified time B. Plain language (“You have been sued”) C. Notification to the defendant that failure to file a written answer can result in a

judgment of default D. All of the above

3. _____ A citation may be served in which of the following ways?

A. Face-to-face B. Publication C. Registered or certified mail D. All of the above

4. _____ Which of the following is a method of delivering to an uncooperative defendant?

A. Alternative service B. Answer C. Diligent effort D. Service

5. _____ Unlike other civil processes, a citation may be served on Sunday.

A. True B. False

6. _____ Which of the following is a defendant’s written reply to a plaintiff’s petition?

A. Citation B. Confession C. Order D. Show cause

7. _____ Which of the following describes a party making application to the court or petitioning

for some action? A. Citation B. Defendant C. Applicant D. Plaintiff


8. _____ Which of the following is an official notice from a court of competent jurisdiction, issued to a defendant after a plaintiff’s petition is filed; this citation commands the defendant to answer and appear in court at a specific time:

A. Default judgment B. Order C. Judgment D. Citation

9. _____ Which of the following are proceedings held to determine whether a person has

violated a lawful court order and to set punishment if a violation is found? A. Contempt B. Petition C. Service D. Tort

10. _____ Which of the following can result when there is failure to perform some action

required by law within specified time? In a civil lawsuit, this decision may be rendered against a party who has failed to answer or appear as directed.

A. Alternative service B. Default judgment C. Show cause D. Judgment

11. _____ Which of the following is persistent activity, prudence or care that is properly

expected from a reasonable and prudent person under the particular circumstances? A. Alternative service B. Process C. Diligent effort D. Petition

12. _____ Which of the following is the final order of a court in a civil suit which settles all

disputed issues, determines the rights of the parties with regard to the subject matter of the suit, and which is subject to being enforced by a writ?

A. Default judgment B. Orders C. Answer D. Judgment

13. _____ Which of the following are the directions of a court or judge (a mandate or

command)? A. Orders B. Judgment C. Process D. Contempt


14. _____ Which of the following is a document filed by the plaintiff with the clerk of the court that outlines the basis of the complaint against the defendant and the relief being sought from the court?

A. Citation B. Petition C. Default judgment D. Tort

15. _____ Which of the following includes all writs and official documents issued by courts in

connection with pending suits? A. Orders B. Petition C. Citation D. Process

16. _____ Which of the following is the defendant in a civil suit?

A. Plaintiff B. Applicant C. Defendant D. Respondent

17. _____ Every officer or authorized person, upon receipt of process, should do which of the

following? A. Endorse the date and time of receipt B. Execute without delay C. State when and by what manner served D. All of the above

18. _____ Which type of document is not an enforcement document in a lawsuit?

A. Civil subpoena B. Subpoena Duces Tecum C. Judgment D. Writ

19. _____ A Writ of Possession is also known as which of the following?

A. Garnishment B. Claim and delivery C. Attachment D. Sequestration


20. _____ Which of the following is a writ issued by a Justice of the Peace court directing the seizure of a tenant’s property for failure to pay rent as due; it can only be issued in a commercial tenant/landlord relationships:

A. Distress warrant B. Garnishment C. Possession D. Attachment

21. _____ Process servers may trespass on private property to serve civil process.

A. True B. False

22. _____ Protective Orders protect against which of the following?

A. Committing further acts of violence B. Harassing or threatening of the victim C. Going to the school or daycare center of a protected child D. All of the above

23. _____ Who can file for a Protective Order?

A. An adult member of the family or household B. A defense attorney C. A suspect D. A police officer

24. _____ Protective orders are both criminally and civilly enforceable.

A. True B. False

25. _____ A Protective Order is valid for which of the following periods of time?

A. 31 to 61 days B. 14 days C. Two years D. One year from date of imprisonment

26. _____ Emergency Protective Orders can be requested by which of the following?

A. The police officer B. The victim C. The attorney representing the state D. All of the above

27. _____ An Emergency Protective Order is valid for which of the following periods of time?

A. One year from date of release from imprisonment B. 2 years C. 31 to 61 days D. 14 days


28. _____ Which of the following is an emergency injunction that prohibits the suspect from contacting the victim through physical contact, telephone, email, text messages, letters, or messages delivered by third party?

A. Order of No Contact B. Emergency Protective Order C. Protective Order D. Restraining Order

29. _____ Which of the following is the delivery of a writ, notice or injunction, etc. by an

authorized person to a person who is thereby officially notified of some proceeding concerning him?

A. Service B. Alternative service C. Show cause D. Process

30. _____ Which of the following is a notice to the defendant to either appear in court or

prepare a written answer to show cause for failing to respond to a previous order of the court (a.k.a. notice)?

A. Citation B. Petition C. Order D. Show cause

31. _____ Which of the following is any one of various legally recognized private injuries or

wrongs (a civil action)? A. Tort B. Citation C. Answer D. Default judgment

32. _____ Which of the following is the portion of the law which defines the personal and

property rights of individuals, the rights of an individual to seek redress or to prevent a wrong, and any action other than criminal proceedings?

A. Criminal law B. Civil law C. Case law D. Statutory law

33. _____ Which of the following is an example of civil law?

A. Divorce B. Child Custody C. Personal damage D. All of the above


34. _____ Which is not an action that may result in civil action? A. Improper use of force B. Official misconduct C. Assaulting an inmate D. Civil rights violation

35. _____ In civil cases, conduct is regulated through which two functions?

A. Fines and imprisonment B. Monetary damage and injunctions C. Injunction and imprisonment D. Monetary damage and personal damage

36. _____ In a civil case, the verdict rendered by the court must be unanimous.

A. True B. False

37. _____ Which of the following is a party in a civil suit; mainly the one who initiates the suit by

filing a petition? A. Applicant B. Respondent C. Plaintiff D. Answer

38. _____ Which of the following is a procedure or writ which may be used to bring a person or

property into the custody of the court? A. Garnishment B. Attachment C. Sequestration D. Habeas Corpus

39. _____ Which of the following is a command to appear at a certain time and place to give

testimony upon a certain matter? A. Order B. Citation C. Civil subpoena D. Injunction

40. _____ Which of the following is any proceeding held for the benefit of, or on application of

only one party (in the absence of one party)? A. Process B. Show Cause C. Ex Parte D. None of the above


41. _____ Which of the following is a writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant but to deliver or hold it for the plaintiff or as directed by the court?

A. Attachment B. Subpoena Duces Tecum C. Sequestration D. Garnishment

42. _____ Which of the following is a writ which orders that a person be brought before the

court in order to test the legality of his detention by the person to whom the writ is directed?

A. Habeas Corpus B. Sequestration C. Attachment D. Garnishment

43. _____ Which of the following is a writ employed to enforce a judgment to recover

possession of real or personal property (used in the eviction process)? A. Attachment B. Possession C. Garnishment D. Sequestration

44. _____ Which of the following is an order to the defendant prohibiting him from performing

an act prohibited in the order until a formal hearing can be conducted? A. Order B. Restraining Order C. Execution of judgment D. Judgment

45. _____ Which of the following is the endorsement made by a constable or sheriff upon

process; a writ or notice stating what has been accomplished, and the time and mode of service:

A. Citation B. Petition C. Return D. None of the above

46. _____ Which of the following is an order directing the sheriff or constable to take into his

possession certain property of which another person has possession until the suit can be decided or as the court directs?

A. Writ of Possession B. Attachment C. Garnishment D. Sequestration


47. _____ Which of the following is the process by which a court, at the direction of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial?

A. Execution of judgment B. Injunction C. Civil Subpoena D. Subpoena Duces Tecum

48. _____ Which of the following is not required before filing the eviction process?

A. 72-hour written notice to the defendant if the suit is for past due money B. Upon expiration of the appeal time the plaintiff may obtain a Writ of Possession

to regain possession of the property C. 30-day notice for all other reasons D. Suit must be filed in the Justice of Peace precinct in which the property is

located 49. _____ After notice has been given in an eviction, a suit is filed that requests the court to

grant possession of the property to the plaintiff or landlord. This suit is called which of the following?

A. Writ of Possession B. Writ of Attachment C. Forcible Entry and Detainer (Citation) D. Writ of Sequestration

50. _____ Once a Writ of Possession is executed, the landlord or plaintiff may remove property

and place it in which of the following locations? A. A storage facility B. Inside the property C. Outside in the rain, sleet or snow D. Outside on public property

51. _____ A Writ of Reentry allows tenants back onto the premises of property they were

unlawfully denied access to. A. True B. False

52. _____ Which is not a criminally enforceable law regarding child custody?

A. Enticing a Child B. Agreement to abduct from custody C. Violation of a protective order D. Interference with Child Custody


53. _____ Which child custody law requires a person to agree for payment or promise of payment, to abduct a child under 18 by force, threat of force, misrepresentation, stealth, or unlawful entry?

A. Interference with Child Custody B. Agreement to Abduct from Custody C. Enticing a child D. Child custody

54. _____ A person commits which of the following if, with intent to interfere with lawful custody

of a child under 18, he or she knowingly entices, persuades, or takes the child from the custody of a parent?

A. Enticing a Child B. Agreement to Abduct from Custody C. Interference with Child Custody D. Violation of Protective Order

55. _____ Which of the following constitutes Interference with Child Custody?

A. The person retains a child B. The person removes a child from the jurisdiction of the court in an attempt to

deprive the court of the authority over the child C. A noncustodial parent, with intent to interfere, entices or persuades the child to

leave the custodial parent D. All of the above

56. _____ Interference with Child Custody is what level offense?

A. Class A misdemeanor B. Class B misdemeanor C. State Jail Felony D. 2nd Degree Felony

57. _____ Violation of Protective Order restricts a person from doing which of the following?

A. Communicating in a threatening or harassing manner B. Communicating a threat through a third party C. Going to or near the residence, employment, or business of the protected

person D. All of the above

58. _____ Which of the following is a legal order issued by the court, in the name of the state to

compel a person to do something specifically ordered? A. Writ B. Restraining order C. Sequestration D. Subpoena Duces Tecum


Civil Procedure Exam Key

1) C 2) D 3) D 4) A 5) B 6) B 7) C 8) D 9) A 10) B 11) C 12) D 13) A 14) B 15) D 16) D 17) C 18) B 19) B 20) A 21) B 22) D 23) A 24) A 25) C 26) D 27) C 28) A 29) A

30) D 31) A 32) B 33) D 34) C 35) B 36) B 37) C 38) B 39) C 40) C 41) D 42) A 43) B 44) B 45) C 46) D 47) D 48) B 49) C 50) D 51) A 52) C 53) B 54) A 55) D 56) C 57) D 58) A


Name:________________________________ Date:___________________________

Civil Law Key Term Quiz

Match the correct term with the appropriate definition.

1. _____Alternative Service

2. _____Answer

3. _____Applicant

4. _____Attachment

5. _____Citation

6. _____Civil Law

7. _____Civil subpoena

8. _____Contempt

9. _____Default judgment

10. _____Diligent effort

11. _____Ex Parte

12. _____Execution of judgment

13. _____Garnishment

14. _____Habeas Corpus

15. _____Injunction

16. _____Instanter

17. _____Judgment

18. _____Jurisdiction

19. _____Orders

20. _____Petition

21. _____Plaintiff

22. _____Possession

23. _____Process

24. _____Respondent

25. _____Restraining Order

26. _____Return

27. _____Sequestration

28. _____Service

29. _____Show cause

30. _____Style or format

31. _____Subpoena Duces Tecum

32. _____Tort

33. _____Writ


Definitions:

A. Proceedings held to determine whether a person has violated a lawful court order and to set punishment if a violation is found

B. A notice to the defendant to either appear in court or prepare a written answer to show cause for failing to respond to a previous order of the court (a.k.a. Notice)

C. The directions of a court or judge; a mandate or command

D. Defendant in a civil suit

E. A party in a civil suit; mainly the one who initiates the suit by filing a petition

F. Persistent activity, prudence, or care that is properly expected from a reasonable and prudent person under the particular circumstances

G. A method of delivering to an uncooperative defendant

H. The final order of a court in a civil suit which settles all disputed issues, determines the rights of the parties with regard to the subject matter of the suit, and which is subject to being enforced by a writ

I. Can result when there is a failure to perform some action required by law within the specified time. May be rendered against a party who has failed to answer or appear as directed

J. A document filed by the plaintiff with the clerk of the court which outlines the basis of the complaint against the defendant and the relief being sought from the court

K. All writs and official documents issued by courts in connection with pending suits

L. Any one of various legally recognized private injuries or wrongs; a civil action

M. The delivery of a writ, notice or injunction, etc. by an authorized person, to a person who is thereby officially notified of some proceeding concerning him or her

N. A defendant’s written reply to a plaintiff’s petition

O. An order directing the sheriff or constable to take into his possession certain property of which another person has possession until the suit can be decided or as the court directs

P. A legal order issued by the court, in the name of the state, to compel a person to do something specifically ordered

Q. A party making application to the court or petitioning for some action

R. An official notice from a court of competent jurisdiction, issued to a defendant after a plaintiff’s petition is filed; the citation commands the defendant to answer and appear in court at a specific time

S. A procedure or writ which may be used to bring a person or property into the custody of the court

T. A portion of the law which defines the personal and property rights of individuals, the rights of an individual to seek redress or to prevent a wrong, and any action other than criminal proceedings

U. A writ employed to enforce a judgment to recover possession of real or personal property (used in the eviction process)

V. A command to appear at a certain time and place to give testimony upon a certain matter

W. Any proceeding which is held for the benefit of, or on application of only one party; in the absence of one party

X. A writ and process directed to one who has money or property in his possession belonging to the defendant, ordering the third person not to deliver or pay it to the defendant, but to deliver or hold it for the plaintiff or as directed by the court

Y. A writ which orders that a person be brought before the court in order to test the legality of his detention by the person to whom the writ is directed

Z. A writ issued by a court that demands or prohibits specified actions

AA. The process by which a court, at the direction of a party, commands a witness who has in his possession or control some document or paper that is pertinent to the issues of a pending controversy, to produce it at the trial

BB. Most common writ, issued to seize property to satisfy a judgment


CC. The endorsement made by a constable or sheriff upon process; a writ or notice stating what has been accomplished, and the time and mode of service

DD. Immediate; now or instantly

EE. The power of a court to lawfully act with regard to persons and property

FF. An order to the defendant prohibiting him or her from performing an act prohibited in the order until a formal hearing can be conducted

GG. The prescribed structure for the clerks of the court to use in developing the process


Civil Law Key Term Quiz Key

1. G 2. N 3. Q 4. S 5. R 6. T 7. V 8. A 9. I 10. F 11. W 12. BB 13. X 14. Y 15. Z 16. DD 17. H 18. EE 19. C 20. J 21. E 22. U 23. K 24. D 25. FF 26. CC 27. O 28. M 29. B 30. GG 31. AA 32. L 33. P


Name_______________________________________ Date_______________________________

Discussion Rubric

Objectives 4 pts. Excellent

3 pts. Good

2 pts. Needs Some Improvement

1 pt. Needs Much Improvement

N/A Pts.

Participates in group discussion

Encourages others to join the conversation

Keeps the discussion progressing to achieve goals

Shares thoughts actively while offering helpful recommendations to others

Gives credit to others for their ideas

Respects the opinions of others

Involves others by asking questions or requesting input

Expresses thoughts and ideas clearly and effectively

Total Points (32 pts.)

Comments:


Name______________________________________ Date_______________________________________

Individual Work Rubric


3 pts. Good


1 pt. Needs Much Improvement N/A Pts.

Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated

Time management Student used time wisely and remained on task 100% of the time

Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved

Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved

*Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information


Comments:


Name:____________________________________ Date:_____________________________

Presentation Rubric

Comments:


3 pts. Good



N/A Pts.

Topic/Content

Topic discussed completely and in-depth

Includes properly cited sources (if used)

Creativity/Neatness

Integrates a variety of multimedia effects to create a professional presentation (transition and graphics) or appropriate visual aid used

Title slide, table of contents, bibliography are included, using acceptable format

Mechanics

Grammar, spelling, punctuation, and capitalization are correct

Image and font size are legible to the entire audience

Oral Presentation

Communicates with enthusiasm and eye contact

Voice delivery and projection are dynamic and audible

Audience Interaction

Presentation holds audience’s attention and relates a clear message

Clearly and effectively communicates the content throughout the presentation



Name______________________________________ Date_______________________________________

Research Rubric


3 pts. Good


1 pt. Needs Much Improvement N/A Pts.

Question/goal Student identified and communicated a question or goal of the research

Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information

Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner

Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research

Reflection Student reflected on the importance of the research and its potential application


Comments:


Name:____________________________________ Date:_____________________________

Writing Rubric

Comments:


3 pts. Good



N/A Pts.

The writing has all required parts from introduction to conclusion in smooth transition.

The writing is interesting, supportive, and complete.

The writing demonstrates that the writer comprehends the writing process.

Accurate spelling, grammar, and punctuation

The content of paragraphs emphasizes appropriate points.

The writer shows an understanding of sentence structure, paragraphing, and punctuation.

All sources and references are clearly and accurately documented.


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