Civil Process Exam

A court in Texas may be created under the authority of the state’s constitution and are referred to as__________________.

• Courts of law

• Municipal Courts

• Constitutional Courts

• Appeals Courts

A court in Texas may be created by the acts of the governing body of a chartered municipality. These courts are referred to as _______________________.

• Courts of law

• Municipal Courts

• Constitutional Courts

• Appeals Courts

A person is protected by the due process requirements, but once these have been followed and the person is found guilty, a penalty may be prescribed. There are three types of penalty except:

• Fine

• Imprisonment

• Supervised release

• Execution

According to Texas Civil Practice and Remedies Code, Sec. 7.001, a clerk, sheriff, or other officer who neglects or refuses to perform a duty required under the Texas Rules of Civil Procedure is liable for actual damages only in a suit brought by a person injured by the officer's neglect or refusal.

• True

• False

According to Texas Civil Practice and Remedies Code, Sec. 7.001, a party may seek actual damages under this section, or the party may seek contempt sanctions, and the party may seek both damages and contempt.

• True

• False

According to Texas Civil Practice and Remedies Code, Sec. 7.001, the officer 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 $100, with costs. The officer must be given _________ notice of the motion.

• 20 days

• 10 days

• 5 days

• 15 days

According to Texas Civil Practice and Remedies Code, Sec. 7.003, an officer shows that the officer acted in good faith when the officer shows that a_________________, under the same or similar circumstances, could have believed that the officer's conduct was justified based on the information the officer possessed when the conduct occurred.

• Reasonably prudent officer

• Reasonable citizen

• Certified citizen

• Citizens review board

According to Texas Civil Practice and Remedies Code, Sec. 7.003, An officer shall execute a writ issued by a court of this state but is required that bond be posted for the indemnification (compensate for harm or loss) of the officer.

• True

• False

According to Texas Civil Practice and Remedies Code, Sec. 7.003, an officer is not 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.

• True

• False

According to Texas Government Code, Sec. 21.002, a court may punish by contempt an employee or an agency or institution of this state for failure to initiate any program or to perform a statutory duty related to that program.

• True

• False