LAW Flashcards
CIVIL DISPUTE
A conflict between two or more parties where no criminal investigation or enforcement action is warranted because no crime has occurred.
What is the difference between a Civil and Criminal case?
Civil almost always private citizen filing the case where as criminal the charges are from the government
Types of civil disputes?
Suicide
Domestic disputes
Child custody issues
Landlord/Tenant Issues
Neighbor disputes
Disputes over property ownership
Eviction - Including hotel evictions
Enforcement of civil court orders
Vehicle repo
Non-criminal road rage
Responsibilities in all civil disputes as law enforcement:
Keep the peace
Determine if a crime has been committed
Provide safety to individuals and property
Attempt to help find solutions without giving legal advice or getting involved
Complete a report to document matter
Summons
A call issued by a court or administrative authority to appear, come, or do something
LIENS
A legal claim or hold over the property to secure the payment of a debt
WRIT OF REPLEVIN
Order or write issued to recover personal property
What is a writ?
Court order
Writ of attachment
Order to withhold non-exempt personal property or money owed to third party
Writ of Replevin
Order or writ issued to recover personal
Writ of Garnishment
Order to withhold wages or property
Temporary Restraining Order
Order issued by a court restraining the conduct of a person and protecting a victim from the activities of an abusive person for a temporary amount of time
Protective Order
Order issued by a court meant to protect a person from harm or harassment
(Generally limited to domestic cases)
Notice of Evection
Removal of a tenant from rental property by the landlord
Custody Decree
Court judgment which names the parent with whom the child will live, how visitation will be handled, and who will provide financial support
Civil Bench Warrant
Arrest warrant issued by a judge in a civil case
Driving Privilege Card
Issued to applicants who cannot prove legal presence
Used to drive in Utah only (only for driving privilege)
Only good for 1 year at a time renews on date of birth
Applicant needs to provide photo and fingerprints from BCI
Not valid for identification purposes
Limited Term License
License is old until their legal presence expires
Must provide proof of their legal presence
Regular License
Good for 8 years
Always expires on drivers birthday
DL, CDL, and ID Cards
Skeleton Record
Created for someone who has never had a license or ID in Utah
Used to track drivers, violations, and sanctions
Class “X”
5 Steps to a DUI
Vehicle in motion
Personal contact
Standardized field sobriety test
Arrest
Chemical test