1. You cannot arrest someone for interfering with the execution of an eviction proceeding.
A.True
B.False


2. Who can serve civil process?
A.Any peace officer
B.Sheriffs and their deputies
C.Constables and their deputies
D.B & C only


3. If a tenant moves back into a house after being evicted, what criminal charge may be filed against him?
A.Burglary
B.Criminal Mischief
C.Criminal Trespass
D.Criminal charges cannot be filed against the tenant


4. A peace officer can arrest a person in violation of a Protective Order that occurs within the officer's presence or view.
A.True
B.False


5. Which of the following is NOT a part of the definition of law?
A.Secure justice for its members
B.Maintain peace
C.Define the legal rights of individuals and the community
D.Punish offenders for legal wrongs
E.All of the above are part of the definition


6. Civil law and criminal law are the two basic subdivisions of the main body of law.
A.True
B.False


7. The plaintiff in a civil case may be:
A.The State
B.A corporation
C.An individual
D.all of the above
E.B & C only


8.

Criminal law regulates conduct through injunctions.
A.True
B.False



9.

A civil "wrong", or tort, may also be a "criminal offense" as well.
A.True
B.False



10. A __________ is an order from a court to take a person named therein into custody and place that person before the court or in the possession of a person designated by the court.
A.Precept
B.Writ of Garnishment
C.Writ of Possession
D.Writ of Attachment for Persons
E.None of the above


11.

Identify who may serve writs and process.
A.Constable
B.Sheriff
C.Any peace officer
D.all of the above
E.A and B only



12. Small claims courts are available to individuals, lending organizations, and collection agents.
A.True
B.False


13. A citation may be sent registered or certified mail, with delivery restricted to addressee only.
A.True
B.False


14.

Justice courts hear appeals from the county courts.
A.True
B.False



15. Which of the following is NOT one of the most common papers issued as civil process which require only that a copy of the process be delivered to a person?
A.Citation
B.Subpoena
C.Writ of Attachment
D.Writs of Garnishment
E.Restraining Orders


16. The most widely recognized duty of a law enforcement officer is that which requires him not to be negligent in his work.
A.True
B.False


17. Non-criminal proceedings against sheriffs, attorneys, and other court officers are in the jurisdiction of the district courts.
A.True
B.False


18. Eviction of a tenant by a constable or sheriff is common to....
A.Writ of garnishment
B.Writ of sequestration   
C.Writ of attachment
D.Writ of execution
E.Writ of restitution


19. Which should be included in an "officers return", as it applies to civil process?
A.Time and place of service
B.The official signature of the officer
C.The day and hour of receipt
D.The manner in which the process was served or executed
E.All the above are in an officers return


20. A protective order is best associated with....
A.Civil process
B.Family violence
C.Writ of sequestration
D.Peace bond


21.

The court specifically describes the prohibited locations and the minimum distance there from , if any , that the restrained party, in a protective order, must maintain.
A.True
B.False



22.

A protective order may not exceed....
A.Six months
B.One year
C.Two years
D.Three years
E.No time limit



23.

Temporary protective orders may NOT be ordered without a court hearing.
A.True
B.False



24. Which can result in a civil suit against an officer?
A.False imprisonment
B.Wrongful death
C.Negligent vehicle operation
D.beating a prisoner
E.all of the above


25. In criminal cases, the subpoena power is limited to witnesses who reside or may be found
A.within 200 miles of the courthouse
B.within 100 miles of the courthouse
C.there is not distance limit


26.

Proper service of a citation on a partnership authorizes a judgment against the partnership if:
A.both partners are served with a citation
B.either partner is served with a citation



27.

If a suit does not involve title or the partition of real estate, a citation by publication;
A.should be published where the defendant resides
B.should be published in the county where the suit is to be tried
C.A and B



28.

Civil law is the portion of the law which defines and determines the rights of the individual in protecting his _____________ and his ______________.
A.community, person
B.dwelling, person
C.person, property



29.

A citation may be published in the newspaper
A.any day of the week
B.any day except Sunday
C.on the second Tuesday of each month



30.

Only specific Class C Warrants and Capias Pro fines may be entered in TCIC.
A.True
B.False



31.

You may arrest an individual on a warrant or capias without having the actual order in hand.
A.True
B.False



32.

The validity of a contempt judgment can only be attacked by a
A.Writ of Certiorari
B.Writ of Habeas Corpus
C.Writ of Commitment
D.Writ of Injunction



33.

The most common application of a _________________ is a process to receive a judgment, in which case it is merely a continuation of the original action.
A.Writ of Attachment
B.Writ of Garnishment
C.Writ of Sequestration



34.

A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person is a tenant or subtenant willfully and without force holding over that the termination of the tenant's right of possession.
A.True
B.False



35.

If a landlord or landlord's agent changes the door locks of a tenant who is delinquent in paying rent, the landlord or their agent must place a written notice on the tenant's front door stating the name and location of the individual from whom the new key may be obtained only during daylight hours.
A.True
B.False



36.

A Forcible Entry and Detainer may be served on the defendant or any resident that is _____ years of age or older.
A.13
B.10
C.16
D.18



37.

All personal property (things) that belong to an individual or a corporation, in relation to executions is known as a ___________
A.designation
B.homestead
C.legal description
D.chattel



38.

___________________ is a percentage of the total sale amount bid that an officer is allowed to collect on Executions, if their County Commissioners vote to include it within their "Fees of Office".
A.Fair cash value
B.Commission
C.Bill of costs
D.Legal interests



39.

The exception of not displaying property to the public at the time of sale applies only to ________________.
A.liquor
B.firearms
C.poultry
D.shares of stock



40.

(A/An) _______________ is a legal document that transfers ownership to another person, which is required to be issued by a constable if real property is sold under a constable's sale.
A.deed
B.bill of sale
C.abstract
D.notice



41.

Land belonging to an individual that is used as their principal residence is designated as their ____________ by filing it with the County Clerk.
A.homestead
B.legal description
C.real property
D.deed



42.

The _____________ gives a Magistrate the authority to verbally order a peace officer to arrest without a warrant, when a felony or breach of the peace has been committed in the presence or within the view of a Magistrate.
A.local government code
B.Texas rules of court
C.Texas rules of civil procedure
D.code of criminal procedure



43.

The _______________ requires that each constable shall attend Justice Court held in the precinct.
A.Texas rules of court
B.Texas rules of civil procedure
C.local government code
D.code of criminal procedure



44.

Which of the following would you most likely NOT go to in an attempt to locate a crook.
A.jail records
B.defendant's old neighborhood
C.defendant's privat5e physician
D.local phone company



45.

In an attempt to locate personal or real property subject to levy involving a Writ, which of the following agencies would be helpful.
A.county appraisal office
B.county clerk's office- real property records
C.local school district tax assessor-collector
D.all of the above



46.

A person who refuses to surrender possession of real property on demand commits a forcible detainer if the person is a tenant or subtenant willfully and without force holding over that the termination of the tenant's right of possession.
A.True
B.False



47.

Land belonging to an individual that is used as their principal residence, and is designated as their ____________ by filing it with the County Clerk.
A.homestead
B.legal description
C.real property
D.deed



48. The ____________ is a party in a civil suit; namely, the one who starts the suit by filing a petition.
A.defendant
B.respondent
C.principal
D.plaintiff


49. A __________ is the official notice from a court issued to a defendant after a plaintiff's petition is filed; it commands the defendant to answer and appear in court at a specific time.
A.citation
B.subpoena
C.Writ of Sequestration
D.Writ of Habeas Corpus


50.

All personal property (things) that belong to an individual or a corporation, in relation to executions is known as a ___________
A.designation
B.homestead
C.legal description
D.chattel




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