Civil Procedure
Course
Rationale
Law
Law Enforcement officers primarily handle criminal law activities. However, there
Enforcement II are some circumstances in which a law enforcement officer may become
involved in the civil process. Officers must understand the different types of civil
Unit VIII
service, the limits on the use of force and entry, and the civil process that has
Civil Law and criminal penalties.
Procedure
Objectives
Essential
The student will be able to:
Question
1. Identify key terms in the civil process.
What role
2. Examine the role of law enforcement in civil law.
does Law
3. Research civil law procedures such as attachment, garnishment, claim
Enforcement
and delivery.
play on the
4. Identify the limits on the use of force and entry to private property during
civil process?
civil process service.
5. Differentiate between domestic violence, protective orders, order of no
TEKS
contact, and order to pick up children.
§130.294(c)
6. Explore criminally enforceable laws related to child custody.
(8)(A)(B)(C)
Engage
Prior
Ask students to tell you what they know about civil law/procedures. Discuss what
Student
areas of life are covered under civil law. Write the students’ ideas on the board.
Learning
Students may be able to relate to civil laws in terms of television courtroom
None
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
Estimated
“common law marriage.” Use the Discussion Rubric for assessment.
Time
4 hours
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
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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
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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
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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
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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
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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
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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
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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)
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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
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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)
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 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-childcustody-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
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V. Research
A. Formulate topic and questions.
1. Formulate research questions.
2. Explore a research topic.
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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
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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
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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
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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
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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
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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
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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
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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
20
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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
21
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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
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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
23
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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
24
Copyright © Texas Education Agency, 2012. All rights reserved.
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
25
Copyright © Texas Education Agency, 2012. All rights reserved.
Definitions:
A.
Proceedings held to determine whether a person has violated a lawful court order and to set
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
T.
U.
V.
W.
X.
Y.
Z.
AA.
BB.
punishment if a violation is found
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)
The directions of a court or judge; a mandate or command
Defendant in a civil suit
A party in a civil suit; mainly the one who initiates the suit by filing a petition
Persistent activity, prudence, or care that is properly expected from a reasonable and prudent
person under the particular circumstances
A method of delivering to an uncooperative defendant
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
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
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
All writs and official documents issued by courts in connection with pending suits
Any one of various legally recognized private injuries or wrongs; a civil action
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
A defendant’s written reply to a plaintiff’s petition
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 legal order issued by the court, in the name of the state, to compel a person to do something
specifically ordered
A party making application to the court or petitioning for some action
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
A procedure or writ which may be used to bring a person or property into the custody of the
court
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
A writ employed to enforce a judgment to recover possession of real or personal property
(used in the eviction process)
A command to appear at a certain time and place to give testimony upon a certain matter
Any proceeding which is held for the benefit of, or on application of only one party; in the
absence of one party
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 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 writ issued by a court that demands or prohibits specified actions
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
Most common writ, issued to seize property to satisfy a judgment
26
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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
27
Copyright © Texas Education Agency, 2012. All rights reserved.
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
28
Copyright © Texas Education Agency, 2012. All rights reserved.
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:
29
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Name______________________________________
Date_______________________________________
Individual Work Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
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
Total Points (20 pts.)
Comments:
30
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Name:____________________________________
Date:_____________________________
Presentation Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
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
Total Points (20 pts.)
Comments:
31
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Name______________________________________
Date_______________________________________
Research Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
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
Total Points (20 pts.)
Comments:
32
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Name:____________________________________
Date:_____________________________
Writing Rubric
4 pts.
Excellent
Objectives
3 pts.
Good
2 pts. Needs Some
Improvement
1 pt. Needs Much
Improvement
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.
Total Points (28 pts.)
Comments:
33
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