Civil Process Flashcards
______ a wrongful act or an infringement of a right leading to civil legal liability.
Tort
A level of government may be held liable in an action including the state, county, municipality or special district.
True or False
True
A clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure may be punished for contempt of court for neglect or refusal in the performance of those duties. The court shall set the fine at not less than $10 or more than ____, with costs. The officer must be given 10 days’ notice of the motion. 7.001 TCPRC
$100
Liability regarding execution of writs: Is an officer liable for damages resulting from the execution of a writ issued by a court of this state 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? 7.003 TCPRC
No. an officer is NOT liable for damages resulting from the execution of a writ
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 $10 nor more than _____ at the discretion of the court. ccp 2.16
$200
The sheriff shall execute all process and precepts directed to the sheriff by legal authority and shall return the process or precept to the proper court on or before the date the process or precept is returnable.
An offense under this section is punishable by the court to which the process is returnable, as for contempt, by a fine of not more than _____. 85.021 Local Gov’t Code
$100
If a constable fails or refuses to execute and return according to law a process, warrant, or precept that is lawfully directed and delivered to the constable, the constable shall be fined for contempt before the court that issued the process, warrant, or precept on the motion of the person injured by the failure or refusal. The fine shall be set at not less than $10 or more than ____, with costs. The fine shall be for the benefit of the injured person. The constable must be given 10 days’ notice of the motion.
86.024 Local Gov’t Code
$100
What are the three types of penalty?
Fine,
Imprisonment; or
Execution.
The standard required in a criminal case for conviction is _______. PC 2.01
proof beyond a reasonable doubt
Civil actions fall into several different categories and include:
Tort Law,
Family Law,
Real Estate Law,
Business and Employment Law.
The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than ____ or confinement in the county jail for not more than _____, or both such a fine and confinement in jail.
$500;
six months
The punishment for contempt of a justice court or municipal court is a fine of not more than ____ or confinement in the county or city jail for not more than ____, or both such a fine and confinement in jail.
$100;
three days
A court created under the authority of the state’s constitution and are referred to as ________.
constitutional courts
Courts created by acts of the state legislature and are referred to as ________.
courts at law
A court created by the acts of the governing body of a chartered municipality. These courts are referred to as ________.
municipal courts
