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25 Cards in this Set
- Front
- Back
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Civil law |
Regulates relations between individuals, not offenses against government or society. |
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Litigation |
Process by which civil law matters are resolved in a court of law. |
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What should police officers do when receiving calls pertaining to civil matters? |
Refer the problem to the magistrate. |
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Tort |
Breach of legal duty, imposed by state, and resulting in injuries to another for which the injured party may institute a civil action. |
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Eviction |
Expulsion or removal of a tenant from possession of real property by the landlord. |
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Compensatory |
Think compensation. Intended to make up for, amend and make the plaintiff whole again. |
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In a civil action, the magistrate can take cases up to? |
$8000 |
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What does a writ of summons inform a defendant of? |
That they are being sued |
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Land, buildings, and real estate are examples of what? |
Real Property |
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How long does the magistrate have to set a hearing date after a complaint is served? |
60 days |
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Defendant can force plaintiff to file a civil action complaint within how many days? What is a civil action complaint? |
20 days and a civil action complaint explains the nature of the suit |
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Final answer in a case shall be given... |
At the hearing or within 5 working days |
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In a civil trial the level of proof needed to find guilt is? |
Preponderance of the evidence (51%) |
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When should the plantiff file a writ of execution? |
If defendant does not pay judgement after 30 days or within 5 years. |
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What is a writ of execution? |
An order of execution. It gives you personal property but not Real property. |
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What does a writ of possession do for you? |
Gives you an order of possession. This gives you Real property. |
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What's the difference between a writ of execution and a writ of possession? |
Writ of execution entitles you to personal property but not Real property. A writ of possession entitles you to real property. |
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A hearing must be set by magistrate... |
Not less than seven days or more than twenty days from filing complaint of writ of possession |
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Once an order of possession has been served, how long until tenant can be physically removed from real property? |
15 days |
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Subpoenas are: |
Computer generated; issued from magistrate, judge or district attorney; need name and address on subpoena; the date, time, place for appearance must be on subpoena |
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What are the two types of subpoenas? |
Subpoena ad testification: to testify Subpoena duces tecum: bring evidence |
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What is the punishment for contempt? |
May include a fine of $100 or 30 days in jail. |
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An injunction is... |
An order requiring that the defendant refrain from doing something and can include: temporary restraining orders, preliminary injunction, permanent injunction. |
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Who are injunctions served by? |
The sheriff of the county involved |
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Injunctions are intended to... |
Prevent future conduct, not intended to punish past conduct. |
