CCP - Quiz, 05.17.19

Question 1

CCP, Art. 2.13. DUTIES AND POWERS.
(a) It is the duty of every peace officer to preserve the peace within the officer’s jurisdiction. To effect this purpose, the officer shall use ___ ____means.

Answer 1

all lawful

Question 2

Art. 2.13 DUTIES AND POWERS

In the execution of their duties and powers, the officer shall… (list four duties)

Answer 2

(b) The officer shall:
(1) in every case authorized…, interfere without warrant to prevent or suppress crime;
(2) execute all lawful process issued to the officer by any magistrate or court;
(3) give notice to some magistrate of all offenses committed within the officer’s jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and
(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

Question 3

CCP Art. 2.16. NEGLECTING TO EXECUTE PROCESS.
If any sheriff or other officer shall willfully refuse or fail from neglect to execute any summons, subpoena or attachment for a witness, or any other legal process which it is made his duty by law to execute, he shall be liable to a fine for contempt not less than ____ nor more than _______dollars, at the discretion of the court. The payment of such fine shall be enforced in the same manner as fines for contempt in civil cases.

Answer 3

$10 - $200

not less than $10
no more than $200

Question 4

CCP Art. 2.17. CONSERVATOR OF THE PEACE.

Each sheriff shall be a _________of the peace in his county, and shall arrest all offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial.

Answer 4

conservator

Question 5

CCP Art. 2.18. CUSTODY OF PRISONERS.

When a prisoner is committed to jail by warrant from a _________ or court, he shall be placed in jail by the sheriff.

Answer 5

magistrate

Question 6

CCP Art. 2.20. DEPUTY.

Wherever a duty is imposed by this Code upon the ________, the same duty may lawfully be performed by his deputy.

Answer 6

sheriff

Question 7

CCP Art. 2.27. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE.
(a) On receipt of a report that is assigned the highest priority in accordance with rules adopted by the Department of Family and Protective Services under Section 261.301(d), Family Code, and that alleges an immediate risk of physical or sexual abuse of a child that could result in the death of or serious harm to the child by a person responsible for the care, custody, or welfare of the child, a peace officer… shall investigate the report….as soon as possible after being notified by the department of the report, but not later ______ after being notified, the peace officer shall accompany the department investigator in initially responding to the report.

Answer 7

than 24 hours

Question 8

CCP Art. 2.271. INVESTIGATION OF CERTAIN REPORTS ALLEGING ABUSE, NEGLECT, OR EXPLOITATION.
Notwithstanding Article 2.27, on receipt of a report of _____, _______, _______, or other complaint of a resident of a nursing home, convalescent home, or other related institution or an assisted living facility, under Section 260A.007(c)(1), Health and Safety Code, the appropriate local law enforcement agency shall investigate the report as required by Section 260A.017, Health and Safety Code.

Answer 8

abuse,

neglect,

exploitation

Question 9

CCP Art. 2.28. DUTIES REGARDING MISUSED IDENTITY.
On receipt of information to the effect that a person’s identifying information was falsely given by a person arrested as the arrested person’s identifying information, the local law enforcement agency responsible for collecting identifying information on arrested persons in the county in which the arrest was made shall:

Answer 9

(1) notify the person that:

(A) the person’s identifying information was misused by another person arrested in the county;

(B) the person may file a declaration with DPS under GS Section 411.0421;

(C) the person is entitled to expunction… under CCPChapter 55;

and

(2) notify DPS regarding:

(A) the misuse of the identifying information;

(B) the actual identity of the person arrested, if known by the agency; and

(C) whether the agency was able to notify the person whose identifying information was misused.

Question 10

CCP Art. 2.29. REPORT REQUIRED IN CONNECTION WITH FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION.
(a) A peace officer to whom an alleged violation of Section 32.51, Penal Code, is reported shall make a written report to the LEA that employs the peace officer that includes the following information:

Answer 10

(1) V’s name;
(2) the name of the suspect, if known;
(3) the type of ID info obtained, possessed, transferred, or used; and
(4) the results of any investigation.

Question 11

CCP Art. 2.30. REPORT CONCERNING CERTAIN ASSAULTIVE OR TERRORISTIC OFFENSES. (a) This article applies only to the following offenses:

Answer 11

(1) assault

(2) agg. assault

(3) sexual assault

(4) agg sexual assault

(5) terroristic threat

Question 12

Art. 2.131. RACIAL PROFILING PROHIBITED.
A peace officer _______ engage in racial profiling.

Answer 12

may not

Question 13

CCP Art. 2.132. LAW ENFORCEMENT POLICY ON RACIAL PROFILING

(B) Each law enforcement agency in this state shall adopt a detailed ________ policy on racial profiling.

Answer 13

written

Question 14

CCP Art. 2.133. REPORTS REQUIRED FOR MOTOR VEHICLE STOPS.

(b) A peace officer who stops a motor vehicle for an alleged violation of a law or ordinance _____ report to the LEA that employs the officer information relating to the stop,

Answer 14

shall

Question 15

Art. 2.136. LIABILITY.
A peace officer is ______ for damages arising from an act relating to the collection or reporting of information as required by Article 2.133 Reports Requires for Motor Vehicle Stops or under a policy adopted under Article 2.132 LEA Policy on Racial Profiling.

Answer 15

not liable

Question 16

CCP Art. 2.1385. CIVIL PENALTY.
a) If the chief administrator of a local law enforcement agency intentionally fails to submit the incident-based data as required by Article 2.134 Compilation and Analysis of Information Collected, the agency is liable to the state for a civil penalty in an amount not to exceed ________ for each violation.

Answer 16

$5,000

Question 17

Art. 3.05. RACIAL PROFILING.
In this code, “racial profiling” means a law enforcement-initiated action based on an individual’s _______, _______, ______ rather than on the individual’s behavior or on information identifying the individual as having engaged in criminal activity.

Answer 17

race, ethnicity, or national origin

Question 18

CCP Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION.

All of the following courts have criminal jurisdiction in Texas except:

1. The Court of Criminal Appeals
2. District Courts
3. Texas Supreme Court
4. County Courts
5. Municipal Courts

Answer 18

Texas Supreme Court

(does not have criminal jurisdiction)

REF:

Art. 4.01. WHAT COURTS HAVE CRIMINAL JURISDICTION. The following courts have jurisdiction in criminal actions:

1. The Court of Criminal Appeals;

2. Courts of appeals;

3. The district courts;

4. The criminal district courts;
5. The magistrates appointed by the judges of the district courts of Bexar County, Dallas County, Tarrant County, or Travis County that give preference to criminal cases and the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County;

6. The county courts;

7. All county courts at law with criminal jurisdiction;
8. County criminal courts;
9. Justice courts;

10. Municipal courts; and

11. The magistrates appointed by the judges of the district courts of Lubbock County.

Question 19

CCP Art. 4.03. COURTS OF APPEALS.
The Courts of Appeals shall have appellate jurisdiction coextensive with the limits of their respective districts in all criminal cases except those in which the _________ has been assessed.

Answer 19

death penalty

Question 20

CCP Art. 4.04. COURT OF CRIMINAL APPEALS

Sec. 1. The Court of Criminal Appeals and each judge thereof shall have, and is hereby given, the power and authority to grant and issue and cause the issuance of ____________, and, in criminal law matters, the writs of mandamus, procedendo, prohibition, and ___________.

Answer 20

writs of habeas corpus

certiorari

Question 21

CCP Art. 4.05. JURISDICTION OF DISTRICT COURTS.
District courts and criminal district courts shall have _________ jurisdiction in criminal cases of the grade of felony, of all misdemeanors involving official misconduct, and of misdemeanor cases transferred to the district court under Article 4.17 of this code.

Answer 21

original

Question 22

CCP Art. 4.07. JURISDICTION OF COUNTY COURTS.
The county courts shall have original jurisdiction (the first court to rule on this type of case) of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed __________.

Answer 22

five hundred dollars

Question 23

CCP Art. 4.08. APPELLATE JURISDICTION OF COUNTY COURTS.
The county courts shall have appellate jurisdiction in criminal cases of which _________ courts and other __________ courts have original jurisdiction.

Answer 23

justice

inferior

Question 24

CCP Art. 4.09. APPEALS FROM INFERIOR COURT.
If the jurisdiction of any county court has been transferred to the district court or to a county court at law, then an appeal from a justice or other inferior court will lie to the court __________________.

(it’s not the right of the county court rule anymore after the jurisdiction has been passed)

Answer 24

to which such appellate jurisdiction has been transferred.

Question 25

CCP Art. 4.11. JURISDICTION OF JUSTICE COURTS.

(a) Justices of the peace shall have original jurisdiction in criminal cases:
(1) punishable by fine only

OR

punishable by ____________

Answer 25

fine and a sanction

not consisting of confinement or imprisonment

Question 26

CCP Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.

(d) A defendant who is taken before a magistrate in accordance with Article 15.18 Arrest for Out-of-County Arrest, may waive trial by _____ and enter a written plea of _______ or nolo contendere.

Answer 26

jury

guilty

Question 27

CCP Art. 4.13. JUSTICE MAY FORFEIT BOND.
A justice of the peace shall have the power to take forfeitures of all bonds given for the _______ of any party at his court, regardless of the amount.

Answer 27

appearance

Question 28

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT.
(a) A municipal court, including a municipal court of record, shall have __________ original jurisdiction within the territorial limits of the municipality in all criminal cases that:

(1) arise under the _______ of the municipality;

Answer 28

exclusive

ordinances

Question 29

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FINES

Municipal Court fines are not to exceed $______ in all cases arising under municipal ordinances that govern fire safety, zoning, or public health and sanitation, other than the dumping of refuse

OR

$_______ in all other cases arising under a municipal ordinance.

Answer 29

$2,000

$500

Question 30

CCP Art. 4.14. JURISDICTION OF MUNICIPAL COURT - FORFEITURE

(e) The municipal court has jurisdiction in the forfeiture and final judgment of all ______ and _______ bonds taken in criminal cases of which the court has jurisdiction.

Answer 30

bail bonds

personal

Question 31

CCP Art. 59.01 FORFEITURE OF CONTRABAND, DEFINITIONS

(2) “Contraband” means property of any nature, including real, personal, tangible, or intangible, that is:

Answer 31

(A) used in the commission of a felony;

(B) used or intended to be used in the commission of a felony;

(C) the proceeds gained from the commission of a felony;

(D) acquired with proceeds gained from the commission of a felony

Question 32

CCP Art. 59.02. FORFEITURE OF CONTRABAND.
(a) Property that is contraband is subject to __________________ under this chapter.

Answer 32

seizure and forfeiture

Question 33

CCP Art. 59.03. SEIZURE OF CONTRABAND.
(a) Property subject to forfeiture under this chapter, other than property described by Article 59.12 Seizure of Account and Assets at Regulated Financial Institution, may be seized by any peace officer under authority of a _________________.

Answer 33

search warrant

Question 34

CCP Art. 59.04. NOTIFICATION OF FORFEITURE PROCEEDING.
(a) If a peace officer seizes property under this chapter, the attorney representing the state (aka prosecution) shall commence proceedings under this section not later than the ______ day after the date of the seizure.

Answer 34

30th

Question 35

What is Writ of Certiorari?

Answer 35

• Latin: to be informed of a means of gaining appellate review.*
• The Supreme Court decides if it wants to hear a case.*

A common-law writ, issued from a superior court, directed to one of inferior jurisdiction, commanding the latter to certify and return to the former the record in the particular case. The writ is issued in order that the court issuing the writ may inspect the proceedings and determine whether there have been any irregularities. In the United States Supreme Court the writ is discretionary with the Court and will be issued to any court in the land to review a federal question if at least 4 out of 9 justices vote to hear the case. A similar writ used by some state courts is called certification.

Question 36

What is Nolo Contendere?

Answer 36

• Latin: no contest*
• Cover both fine and imprisonment.*

In a criminal proceeding, a defendant may enter a plea of nolo contendere, in which the defendant does not accept or deny responsibility for the charges but agrees to accept punishment.

The plea differs from a guilty plea because a “no contest” plea cannot be used against the defendant in another cause of action.

Some states do not allow defendants to ask the court’s permission to plead nolo contendere. In federal cases, the Rules of Federal Criminal Procedure allow such pleas, with the court’s permission.

https://www.law.cornell.edu/wex/nolo_contendere

Question 37

What is Writ of Habeas Corpus?

Answer 37

Latin: produce the body

A court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person’s detention. The procedure provides a means for prison inmates, or others acting on their behalf, to dispute the legal basis for confinement. Habeas corpus has deep roots in English common law.

Often, the court holds a hearing on the matter, during which the inmate and the government can both present evidence about whether there is a lawful basis for jailing the person. The court may also issue and enforce subpoenas in order to obtain additional evidence.

Depending on what the evidence reveals, the judge may grant the inmate relief such as:

Release from prison
Reduction in the sentence
An order halting illegal conditions of confinement, or
A declaration of rights.

It’s important not to confuse habeas corpus with the right of direct appeal. Criminal defendants are always entitled to appeal a conviction or sentence to a higher court, which then reviews the trial judge’s rulings. Habeas corpus provides a separate avenue for challenging imprisonment, and is normally used after a direct appeal has failed. It often serves as a last resort for inmates who insist that a miscarriage of justice has occurred.

Question 38

What is Writ of Prohibition?

Answer 38

Superior court rules on… not your place.

A prerogative writ issued by a superior court that prevents an inferior court or tribunal from exceeding its jurisdiction or usurping jurisdiction which it has not been given by law. It is an extraordinary writ and is only issued when the party seeking it is without other means of redress for the wrong about to be inflicted by the act of the inferior court. Where the action sought to be prohibited it judicial in nature, the writ may be exercised against public officers. Sometimes it is referred to simply as prohibition.

Question 39

What is Writ of Procedendo?

Answer 39

• Latin: duty to have proceeded.*
• To proceed about the case; on pause to figure out if the evidence will be allowed or not.*

Refers to writ issued by a superior court when a cause has been improperly removed to it, as by certiorari, commanding the inferior court from which it was removed to assume jurisdiction and proceed to judgement on the cause. It is more frequently called a remand (back down).

Question 40

What is Writs of Mandamus?

Answer 40

• Latin: we command*
• Man, damn do your job! Higher court ordering lower to do its job*

An extraordinary writ issued from a court to an official compelling performance of a ministerial act that the law recognizes as an absolute duty, as distinct from other types of acts that may be a matter of the official’s discretion. It is extraordinary in the sense that it is used only when all other judicial remedies have failed.