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BPOC · Chapter 14Free chapter guide

Civil Process.

This chapter covers what a Texas peace officer must know about civil Process, along with the statute limits that shape each element, at the level of detail the TCOLE tests.

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Some of what’s covered

A few learning objectives from this chapter.

Sample of 6
LO 14.1
Identify possible imposed liabilities for improper acts by the officer and the outcomes occurring in that course of action. Because of the responsibility a peace officer has in protecting society, the chance for misapplication of law or procedure can result in damages or harm to those served. This may lead to civil action against the officer and employing agency. To reduce this potential, officers must understand the responsibility they have, have a thorough knowledge of the laws of the State, and the application of Constitutional restraints on them and processes due citizens. Failing to do so increases liability potentials, which could result in settlements being paid out, embarrassment for the agency and profession, personal civil responsibility, and alienation of the law enforcement profession from those served. In terms of liability potential:
LO 14.2
Describe the difference between civil and criminal law. Criminal Law: Under the authority of the 10th Amendment of the U.S. Constitution states have reserved, or police powers. These powers allow states to regulate the conduct of people within its borders. Criminal laws are enacted by the state legislature and define what is considered a violation of law. Referred to as a crime, a particular conduct is identified as being unacceptable and if a person engages in the defined conduct a penalty may be prescribed. When a crime is committed in Texas, it is done so “Against the Peace and dignity of the State.” The conducts and penalties are identified in the Penal Code. Based on the mandates of the U.S. Constitution, the state’s constitution, and the Code of Criminal Procedures, when a person is charged with a crime that 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: fine, imprisonment, or execution. The standard required in a criminal case for conviction is proof beyond a reasonable doubt. (Texas Penal Code Sec. 2.01)
LO 14.3
Describe the differences and penalties between general contempt of court and constructive contempt of court. In general, contempt is conduct that obstructs the proper administration of justice. It may be conduct that tends to bring the authority and administration of the law into disrespect or disregard; interferes with or harms parties or witnesses during litigation; or otherwise tends to impede, embarrass, or obstruct the court in discharge of its duties. Objectionable behavior that occurs outside the presence of the court is called constructive (or indirect) contempt. The judge has no personal knowledge of the act(s), and so it is necessary for the judge to conduct a hearing to consider evidence. The alleged contemnor–the person accused of contempt of court–is entitled to formal notice of the allegation of contempt and must be afforded a hearing; oral notice is insufficient.
LO 14.4
Identify the constitutionally and legislatively created courts of Texas. Courts in Texas are created by one of three sources of authority. A court may be created under the authority of the state’s constitution and are referred to as constitutional courts. Courts may be created by acts of the state legislature and are referred to as courts at law. A court may be created by the acts of the governing body of a chartered municipality. These courts are referred to as municipal courts.
Key statutes cited

The law that drives the questions.

Tex. Penal Code 9.05STATUTE
Tex. Penal Code 2.01STATUTE
Common questions

What recruits ask about this chapter.

How does a Texas peace officer identify possible imposed liabilities for improper acts by the officer and the outcomes occurring in that course of action?

Identify possible imposed liabilities for improper acts by the officer and the outcomes occurring in that course of action. Includes: a level of government may be held liable in an action including the state, county, municipality, or special district;

How does the TCOLE curriculum describe difference between civil and criminal law?

Civil Law: involves legal actions between two individual parties that may include individuals, corporations, associations, or levels of government. In a civil action, one party is alleging some type of harm, or tort that has been inflicted as a result of the action(s) of another individual party.

How does the TCOLE curriculum describe differences and penalties between general contempt of court and constructive contempt of court?

Section 21.002, Government Code Contempt of Court (a) Except as provided by Subsection (g), a court may punish for contempt. (b) The punishment for contempt of a court other than a justice court or municipal court is a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail.

How does a Texas peace officer identify constitutionally and legislatively created courts of Texas?

Identify the constitutionally and legislatively created courts of Texas. Courts in Texas are created by one of three sources of authority. A court may be created under the authority of the state’s constitution and are referred to as constitutional courts. Courts may be created by acts of the state legislature and are referred to as courts at law. A court may be created by the acts of the governing body of a chartered municipality. These courts are referred to as municipal courts.

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