Civil Process
Learning Objectives for Civil Process
1 Occupations Code and Texas Commission on Law Enforcement
(Commission) Rules
1.1.1 The student will be able to identify the selected statutory requirements of Chapter 1701 of the Occupations Code.
1.1.2 The student will be able to identify Commission Rules for officer reporting, continuing education, and achievement awards.
2 Criminal Justice System
2.1.1 The student will be able to define types of law.
2.1.2 The student will be able to identify differences between civil and criminal law.
2.2.1 The student will be able to identify the court structure of Texas.
3 Civil Process
3.1 Rules of Civil Procedure
3.1 The student will be able to identify the basis of the TRCP.
3.2 Fees
3.2.1 The student will be able to identify the statutes that relate to the fees for Civil Process.
3.3 Civil Citations
3.3.1 The student will be able to identify sections in PC, Chapter 38, Obstructing Governmental Operations.
3.3.2 The student will be able to define citation.
3.3.3 The student will be able to identify the TRCP sections which apply to citations.
3.4 Civil Subpoenas
3.4.1 The student will be able to identify the rules which apply to civil subpoenas.
3.5 Criminal Subpoenas
3.5.1 The student will be able to identify the rules that apply to criminal subpoenas.
3.6 Eviction Suits
3.6.1 The student will be able to define Eviction suits.
3.6.2 The student will be able to identify which court has jurisdiction over Eviction proceedings.
3.6.3 The student will be able to identify the sections of the TPC that define the difference between Forcible Entry and Detainer and Forcible Detainer.
3.6.4 The student will be able to identify the sections of the TPC that govern Notice to Vacate requirements.
3.6.5 The student will be able to identify the TRCP that describe the methods of service for Forcible Entry and Detainer citations.
3.7 Writ Of Possession
3.7.1 The student will be able to identify Writ of Possession.
3.8.1 Writ Of Execution
3.8.1.1 The student will be able to define writ of execution.
3.8.1.2 The student will be able to identify the requisites of an execution.
3.8.1.3 The student will be able to identify when an execution can be issued.
3.8.1.4 The student will be able to identify the sections of the TRCP and CRPC that direct the officer once an Execution is received.
3.8.1.5 The student will be able to identify what liabilities are imposed by the CPRC upon the officer when executing writs.
3.8.1.6 The student will be able to identify and discuss the sections of the TPC that pertain to exemptions.
3.8.1.7 The student will be able to identify the requirements for selling seized property.
3.8.1.8 The student will be able to identify requirements of and calculations for judgements.
3.8.2 Tax Suits
3.8.2.1 The student will be able to identify requirements for Tax Suits according to the Tax Code.
3.9 Distress Warrant
3.9.1 The student will be able to define Distress Warrant.
3.9.2 The student will be able to identify the sections of the TRCP as they apply to a Distress Warrant.
3.9.3 The student will be able to identify the sections of the TPC as they apply to a Distress Warrant.
3.10 Writ Of Reentry
3.10.1 The student will be able to define reentry.
3.10.2 The student will be able to identify sections of the TPC and CPRC as they apply to residential and commercial property.
3.11 Writ Of Attachment
3.11.1 The student will be able to define writ of attachment.
3.11.2 The student will be able to identify which courts may issue writs of attachment on property.
3.11.3 The student will be able to identify duties related to writ.
3.11.4 The student will be able to identify “Exempt Property” as described in the TPC.
3.12 Writ Of Sequestration
3.12.1 The student will be able to define Writ of Sequestration
3.12.2 The student will be able to identify general provisions of sequestration.
3.13 Writ Of Garnishment
3.13.1 The student will be able to define garnishment.
3.13.2 The student will be able to identify general provisions of garnishment.
3.14 Writ Of Habeas Corpus
3.14.1 The student will be able to define habeas corpus
3.14.2 The student will be able to identify courts with jurisdiction to issue Habeas Corpus.
3.14.3 The student will be able to identify the purpose of the Habeas Corpus Writ
3.14.3 The student will be able to identify the statutes which gives the authority to issue:
3.15 Capias & Attachments
3.15.1 The student will be able to define Capias and Attachments.
3.15.2 The student will be able to identify who may issue.
3.15.3 The student will be able to identify the statutes which gives the authority to issue:
3.16 Temporary Restraining Order And Injunctions
3.16.1 The student will be able to define temporary restraining orders and injunctions.
3.16.2 The student will be able to identify general provisions of temporary restraining orders and injunctions.
3.16.3 The student will be able to identify examples that writ may be issued for.
3.17 Protective Orders
3.17.1 The student will be able to define family violence terms from the FC.
3.17.2 The student will be able to identify general provisions of Protective Orders.
3.17.3 The student will be able to explain the application procedure for a Protective Order.
3.17.4 The student will be able to describe the Protective Order court hearing process.
3.17.5 The student will be able to discuss what a Protective Order is, what it means, and consequences of violation.
3.17.6 The student will be able to identify law enforcement duties relating to protective orders
3.17.7 The student will be able to identify a Magistrate's Order for Emergency Protection.
3.17.8 The student will be able to identify Temporary ex parte Orders.
3.17.9 The student will be able to identify Final Orders.
3.17.10 The student will be able to identify the ability of family violence victims to receive compensation.
3.18 Mental Health Services
3.18.1 The student will be able to identify HSC sections governing cases dealing with chemical dependency
3.18.2 The student will be able to identify HSC sections governing cases dealing with mental impairments.
3.19 Estray
3.19.1 The student will be able to identify sections of the Agriculture Code relating to the Sheriff's duty for Estray.
1 Occupations Code and Texas Commission on Law Enforcement
(Commission) Rules
1.1.1 Learning Objective: The student will be able to identify the selected statutory requirements of Chapter 1701 of the Occupations Code.
1.1.2 Learning Objective: The student will be able to identify Commission Rules for officer reporting, continuing education, and achievement awards.
2.1.1 Learning Objective: The student will be able to define types of law.
2.1.2 Learning Objective: The student will be able to identify differences between civil and criminal law.
2.2.1 Learning Objective: The student will be able to identify the court structure of Texas.
3.1 Learning Objective: The student will be able to identify the basis of the Texas Rules of Civil Procedure (TRCP).
3.2.1 Learning Objective: The student will be able to identify the statutes that relate to the fees for Civil Process.
3.3.1 Learning Objective: The student will be able to identify sections in the PC, Chapter 38, Obstructing Governmental Operations.
3.3.2 Learning Objective: The student will be able to define citation.
3.3.3 Learning Objective: The student will be able to identify the TRCP sections which apply to citations.
3.4.1 Learning Objective: The student will be able to identify the rules which apply to civil subpoenas.
3.5.1 Learning Objective: The student will be able to identify the rules that apply to criminal subpoenas according to the CCP.
3.6.1 Learning Objective: The student will be able to define Eviction suits.
3.6.2 Learning Objective: The student will be able to identify which court has jurisdiction over Forcible Entry and Detainer proceedings.
3.6.3 Learning Objective: The student will be able to identify the sections of the TPC that define the difference between Forcible Entry and Detainer and Forcible Detainer.
3.6.4 Learning Objective: The student will be able to identify the sections of the TPC that govern Notice to Vacate requirements.
3.6.5 Learning Objective: The student will be able to identify the TRCP sections that describe the methods of service for Forcible Entry and Detainer citations.
3.7.1 Learning Objective: The student will be able to identify Writ of Possession.
3.8.1.1 Learning Objective: The student will be able to define writ of execution .
3.8.1.2 Learning Objective: The student will be able to identify the requisites of an execution.
3.8.1.3 Learning Objective: The student will be able to identify when an execution can be issued.
3.8.1.4 Learning Objective: The student will be able to identify the sections of the TRPC and CRPC that direct the officer once an Execution is received.
3.8.1.5 Learning Objective: The student will be able to identify what liabilities are imposed by the CPRC upon the officer when executing writs.
3.8.1.6 Learning Objective: The student will be able to identify and discuss the sections of the TPC that pertain to exemptions.
3.8.1.7 Learning Objective: The student will be able to identify the requirements for selling seized property.
3.8.1.8 Learning Objective: The student will be able to identify requirements of and calculations for judgements according to the Finance Code.
3.8.2.1 Learning Objective: The student will be able to identify requirements for Tax Suits according to the Tax Code.
3.9.1 Learning Objective: The student will be able to define Distress Warrant.
3.9.2 Learning Objective: The student will be able to identify the sections of the TRCP as they apply to a Distress Warrant.
3.9.3 Learning Objective: The student will be able to identify the sections of the TPC as they apply to a Distress Warrant.
3.10.1 Learning Objective: The student will be able to define reentry.
3.10.2 Learning Objective: The student will be able to identify sections of the TPC and CPRC as they apply to residential and commercial property.
3.11.1 Learning Objective: The student will be able to define writ of attachment.
Attachment - A writ ordering legal seizure of property (especially to satisfy a creditor's claim) or of a person (Black's Law Dictionary, 1996).
3.11.2 Learning Objective: The student will be able to identify which courts may issue writs of attachment on property.
3.11.3 Learning Objective: The student will be able to identify duties related to writ.
3.11.4 Learning Objective: The student will be able to identify “Exempt Property” as described in the TPC.
3.12.1 Learning Objective: The student will be able to define Writ of Sequestration
3.12.2 Learning Objective: The student will be able to identify general provisions of sequestration.
3.13 Writ Of Garnishment
3.13.1 Learning Objective: The student will be able to define garnishment.
3.13.2 Learning Objective: The student will be able to identify general provisions of garnishment.
3.14 Writ Of Habeas Corpus
3.14.1 Learning Objective: The student will be able to define habeas corpus
3.14.2 Learning Objective: The student will be able to identify courts with jurisdiction to issued Habeas Corpus.
3.14.3 Learning Objective: The student will be able to identify the purpose of the Habeas Corpus Writ
3.14.3 Learning Objective: The student will be able to identify the statutes which gives the authority to issue:
3.15.1 Learning Objectives: The student will be able to define Capias and Attachments.
3.15.2 Learning Objective: The student will be able to identify who may issue.
Justice Courts
County Courts
District Courts
3.15.3 Learning Objective: The student will be able to identify the statutes which gives the authority to issue:
3.16.1 Learning Objective: The student will be able to define temporary restraining orders and injunctions.
3.16.2 Learning Objective: The student will be able to identify general provisions of temporary restraining orders and injunctions.
3.16.3 Learning Objective: The student will be able to identify examples that writ may be issued for.
Martial disputes
Neighborhood disputes over use of property
Labor disputes
Prohibit use of property for illegal activities
Infringement on commercial goods rights
3.17.1 Learning Objective: The student will be able to define family violence terms from the Family Code (FC).
3.17.2 Learning Objective: The student will be able to identify special law enforcement responses to family violence.
3.17.3 Learning Objective: The student will be able to identify general provisions of Protective Orders.
3.17.4 Learning Objective: The student will be able to explain the application procedure for a Protective Order.
3.17.5 Learning Objective: The student will be able to describe the Protective Order court hearing process.
3.17.6 Learning Objective: The student will be able to discuss what a Protective Order is, what it means, and consequences of violation.
3.17.7 Learning Objective: The student will be able to identify law enforcement duties relating to protective orders
3.17.8 Learning Objective: The student will be able to identify a Magistrate's Order for Emergency Protection.
3.17.9 Learning Objective: The student will be able to identify Temporary ex parte Orders.
3.17.10 Learning Objective: The student will be able to identify Final Orders.
3.17.11 Learning Objective: The student will be able to identify the ability of family violence victims to receive compensation.
3.18.1 Learning Objective: The student will be able to identify HSC sections governing cases dealing with chemical dependency
3.18.2 Learning Objective: The student will be able to identify HSC sections governing cases dealing with mental impairments.
3.19.1 Learning Objective: The student will be able to identify sections of the Agriculture Code relating to the Sheriff's duty for Estray.