a writ employed to enforce a judgment to recover possession of real or Possession − personal property (used in eviction process) Process all writs and official documents issued by courts in connection with − pending suits defendant in a civil suit Respondent − 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 2 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 Materials/Specialized Civil Procedure Key Terms handout Equipment Needed Paper and pencils Computers with Internet access or other resources for research Computers with desktop-publishing software or paper and colored pencils Anticipatory Set (May include pre-assessment for prior knowledge) II. The Role of Law Enforcement in Civil Law Direct Instruction * 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
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 2 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 Materials/Specialized Equipment Needed 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 Anticipatory Set (May include pre-assessment for prior knowledge) Direct Instruction * 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