14 Civil Process - BPOC 736, Module C, Chapter 14 Flashcards
What consequences could result from an officer’s failure to follow procedure?
Arrest and prosecution criminally, civil prosecution, embarrassment for both the officer, the department, and the profession, alienation of the profession from the people they serve, the city, county, state, municipality, and/or special district could be held liable for money damages, an officer may be held liable in their individual capacity
What can officers do to prevent these actions?
Understand the responsibility they are held to, have a thorough knowledge of the laws of the state, have a thorough knowledge of the application of Constitutional restraints on police officers and the due processes due to citizens
According to TCPRC 7.001, can an officer be held personally liable for actual damages to a person injured by the officer’s neglect or refusal to perform a required duty?
Yes
Can an officer be held in contempt of court for neglecting or refusing to perform a duty under TCPRC 7.001?
Yes
What is the range of punishment for contempt of court for refusal to perform a duty?
Not less than $10 or more than $100 plus costs
How much notice must an officer be given of a contempt hearing against him?
10 days
Can a party seek both contempt sanctions and damages?
No.
Is an officer liable for damages resulting from the execution of a writ issued by a court of Texas if the officer in good faith executes or attempts to execute the writ as provided by law and by the Texas Rules of Civil Procedure?
No.
Does bond need to be posted for an officer to execute a writ issued by a court in Texas?
No.
Is there a defense to an officer’s conduct?
Yes. The officer can show that he acted in good faith by proving that a reasonably prudent officer, in the same or similar circumstances, could have believed that the officer’s conduct was justified based on the information the officer possessed when the conduct occurred.
Who is designated to execute all process and precepts directed by legal authority?
The Sheriff or the Constable
When does the Sheriff or Constable shall commit an offense related to service of process?
If he fails to return a process or precept as required or if he makes a false return
What is the punishment for failure to serve process?
A fine not more than $100 deposited into the county treasury
What laws cover criminal cases?
Texas Penal Code and Code of Criminal Conduct
What laws cover civil matters
Texas Civil Practice and Revenues Code
What is the standard used to convict in a criminal case?
Beyond a reasonable doubt
What is the standard to reach a verdict in a civil case?
By a preponderance of the evidence
What law provides the authority to establish the criminal laws?
The !0th Amendment to the US Constitution
What law provides the authority for our civil laws?
The U.S. Constitution and the State laws
What are the possible remedies for a criminal case
Fine, imprisonment, execution
What are the possible remedies for civil cases?
Injunction or compensation
Are courts established on a state-wide basis or federal basis?
State
What is a crime?
Conduct that has been identified as being unacceptable and punishable by a defined penalty
What is a civil lawsuit?
One party alleges some type of harm has been inflicted as a result of the action(s) of another party.
What is general “contempt of court”?
Conduct that obstructs the proper administration of justice; i.e., conduct that brings disrespect or disregard to the authority and administration of the law; conduct that interferes with or harms parties or witnesses during litigation; conduct which otherwise tends to impede, embarrass, or obstr8ct the court in the discharge of its duties
What is “constructive contempt”?
Objectionable behavior that occurs outside the presence of the court
What is the fine for contempt of court (except justice or municipal court)?
No more than $500 fine or confinement in the county jail for not more than six months or both
What is the fine for contempt of court in justice or municipal court?
Fine not more than $100 or confinement in county jail no more than 3 days or both
Can an officer charged with contempt be released on his own recognizance?
Yes.
Can a person be confined in order to compel the contemnor to obey the court order?
Yes
What is the maximum period a person can be confined for contempt?
18 months
What source creates “Constitutional courts” in Texas?
The Texas Constitution
What sources creates Texas “courts at law”?
The The Texas Legislature
What source creates “Municipal Courts” in Texas?
A governing body of a chartered municipality
What is the “jurisdiction” of a court?
The power of a court to hear a case
What is jurisdiction over a criminal case determined by?
The severity of the offense as specified by the Texas Penal Code.
What is the jurisdiction of a civil court determined by?
The amount of compensation requested.
How is a civil case initited?
A party who feels they have been harmed by another files a pleading in civil court entitled “Original Petition” which states the facts they are claiming occurred, who they believe wronged them, and the amount of money they believe will make them whole. The person filing the Original Petition is called the “Plaintiff.”
What is the person the Petition claims has damaged them referred to throughout trial?
Defendant
How does the defendant gain knowledge he is being sued?
He receives personal service of the Original Petition against him.
What happens next, after the defendant is notified of the case against him?
He must file an answer with the court. If he refuses to file an answer, it can result in a default judgment against him where the judge finds him responsible and orders him to pay whatever the plaintiff is asking for
When parties fail to reach an agreement, what is the next step?
The case goes to trial
What are the steps in the trial process
Complaint, discovery, pre-trial, trial, verdict
