Week 6 Tests
Understanding Writs and Property Law
Test your knowledge of writs, landlord-tenant relationships, and property laws with this comprehensive quiz. Designed to help you learn the intricacies of civil litigation and eviction processes, it covers essential concepts that every legal enthusiast should know.
Key Topics:
- Legal Writs and Their Purposes
- Landlord-Tenant Rights and Responsibilities
- Property Repossession Processes
A landlord can lock residential tenants out when
5 days after they fail to pay rent
A writ of replevin has been served
A writ of restitution has been served
Which is NOT a way a landlord can recover possession of a rented apartment/home
Voluntary surrender
Abandonment
Eviction
Failure to pay rent/utilities
A landlord cannot keep a tenant's possessions until rent is paid
True
False
Which is not true relating to a landlord taking possession of a renters property upon service of a writ of restitution
Must hold possessions for up to 21 days after eviction
Return possessions within 5 days of written notification by tenant
Tenant must pay for cost of moving/storage
Landlord may sell property within 21 days of service to cover unpaid rent
Which is false regarding civil litigation
An action brought to enforce, redress or protect private rights
Remedies private wrongs
All types of actions including some criminal proceedings
What ways may property be repossessed w/o a court order (multiple)
Auto repossessions
Commercial tenancies
Innkeepers
Writ of restitution
By the sheriff/constable
Residential landlords
Which is false regarding auto repossessions
A repossession must be stopped if there is a breach of peace & no writ of replevin
A secured party is a creditor who has filed proper paperwork & does not need a court order to repossess
A breach of peace is not a criminal violation
If the tow truck has a court order and the peace is breached, they must stop the repossession
Which is false regarding commercial tenancies
Rules are different from residential property
A written agreement establishes relationship
After 5 days of rent due, they may lockout the tenant
Commercial landlords do not have the ability to lien the tenants property pending payment of rent
Which Writ? Employed to enforce a judgement to recover possession of land
Writ of restitution
Writ of garnishment
Writ of attachment
Force may be used by sheriff/constable to enter house/apartment ONLY AFTER writ of restitution is served?
True
False
Which Writ? Seizes property to being under control of court prior to final judgement in case
Writ of restitution
Writ of garnishment
Writ of attachment
Which Writ? Seeks to satisfy debt (control) out of property in possession of third party
Writ of garnishment
Writ of general execution
Writ of restitution
Which Writ? Obtain sufficient amount of property to be sold at auction to satisfy judgement
Writ of general execution
Writ of restitution
Writ of attachment
Which Writ? Seize a specific item and return it to entitled party
Writ of special execution
Writ of restitution
Writ of attachment
Select who may repossess property
Sheriff/constable
Innkeepers
Commercial landlords
Residential landlords
Local law enforcement
Which leins allow a person to legally retain property of another
Towed vehicles by law enforcement
Towed vehicles by owner
Garage/mechanic leins
Material/labor leins
A tow from public/private property
An order of protection is a court order to (best answer)
Prohibit someone from doing a specified act
Prohibit the defendant from possessing a firearm
Restrain a person from committing acts of domestic violence
Jack and Jill (who are just friends) went up the hill when Jill pushed Jack into the well and told him to fetch a pail of water. After jack fell down and upon going to the courthouse, he was issued a [blank] to prevent jill from going w/ in 500ft of his house or contacting him.
Order of Protection
Restraining order
Injunction against harassment
Pigeon message
What is not true about an injunction?
Prohibits someone from doing a specific action
Disobedience is not punishable by arrest warrant for contempt
Gives a specific reason for issuance
Primary purpose of law enforcement in a civil issue (Select all)
Keep the peace
Prevent injury or death
Prevent destruction of property
Take enforcement action on civil issue
The residential landlord/tenant relationship exempt except for:
Fraternities/sororities
Federal public housing
Dorms/residential halls
Occupancy under contract
Residential homes
Can a landlord put a lein on personal property of a tenant?
Yes
No
Eviction notices can be obtained for all, except:
Non-compliance with rental agreement by tenant
10 day notice given by landlord for breach of contract
5 day notice for health violations
Immediate termination for firearm discharge or serious bodily injury
After abandonment, how many days must pass after posting a written notice of abandonment
7 days
5 days
10 days
How many days after declaration of abandonment must the landlord wait before selling property
21 days
10 days
12 months
7 days
Which is NOT a remedy to an innkeeper
Hold personal property as lein until bill is paid
Sell property at public auction to pay debt after 4 months
Required to post innkeepers lein statute in each room
Privately sell property after 10 days
Which is not a basic responsiblity of police at a civil dispute
Keep the peace
Determine if there are criminal charges
Provide for safety of individuals/property
Take enforcement action on civil charges
Attempt to refer/resolve problem
Be tactful
Retain reasoning
A written statement of essential facts consituting a public offense
Subpoena
Complaint
Summons
A complaint is based on
Reasonable suspicion
Probable cause
Unarticulable facts & circumstances
Purpose: form to inform defendant of the specific crime(s) they are being charged with
Summons
Adjudication hearing
Complaint
Order by magistrate identifying the defendant commanding their arrest
Summons
Subpoena
Arrest warrant
An arrest warrant is issued in all cases except:
Defendent fails to appear for summons
Reason to believe the defendant will appear
Defendant cannot be served with summons
Defendant fails to appear for subpoena
Which is not true regarding an arrest warrant
Officer does not have to have in hand
Without the warrant, the officer must inform of the warrants charges
Show the warrant as soon as practical if requested by defendant
Must immediately show the warrant on the squad computer (MDC) if no physical copy is available
Order commanding the defendant to appear in court to answer criminal charge
Subpoena
Arrest warrant
Summons
Charles receives a summons in the mail, however, he doesn't go to court - what is most likely to happen next?
An subpoena is issued
An arrest warrant is issued
Charles doesn't have to worry about going to court
Order requesting a person to appear to give verbal testimony
Subpoena
Summons
Subpoena duces tecum
What is a subpoena duces tecum
Issued to obtain documentary evidence
Notification stating you no longer need to appear for initial summons
Document requesting specific charges on the defendant
Which option is not included in the definition of victimology
Study of individuals killed, destroyed, injured, or harmed by criminal act, condition or circumstance
Compile statistical data for analysis by FBI UCR
Methods of intervention strategies or assistance to aid victim recuperation
All of these are feelings of psychological trauma except?
Anger
Denial
Helplessness
Lack of control
Self blame/blaming others
Fear
Talking to detectives and going to trial are considered:
Primary factors of victimization
Secondary factors of victimization
Psychological trauma
What is "compassion fatigue"
Changes in helpers view of world/inner-experience
Being too nice to others
Burn-out
Which is not a symptom of compassion fatigue
Social withdrawal/disconnect from loved ones
Generalized despair and hopelessness
Changes in world view
Extreme anger towards others at work
Altered sensory experiences
No time or energy for self
Which is not a way to defuse a crisis situation
Acknowledge situation & reassure safety
Be an active listener & be there to help
Ask diversionary/reality questions
Pose simple questions to help them regain control
Explain options & procedures
Make eye contact, body posture, voice control
Elevate the situation & instill fear
Select the three phases of crisis? (from speaker, not lesson plan)
Crisis phase: incident itself
Recall phase: telling another what happened
Reorganization: what to do from here
Relapse: becoming a victim again
What are emotional/psychological/physical reactions to trauma?
Screaming, crying, hysterical outbursts
Fearfulness, vulnerability, depression
Thoughts of suicide/self destructive behavior
Contradictory behavior
Physical responses
Disbelief
Agner
Self-blame
Officers should fill out victims rights when they have extra time
True
False
If the victim isn't able to invoke rights, it's presumed they want to
Invoke
Waive
Who has the responsibility to update personal information for victim's rights?
The officer
The victim
The sheriff/constable
Refreshing your memory before testifying is not important
True
False
What shouldn't you do when considering a professional appearance for testimony
Be punctual and on time
Dress appropriately
Leave sunglasses on your head
For testimony, all are important except?
Contact witnesses when appropriate
Ensure evidence/reports are accessible
Keep professional appearance
Wait to review the case until you're with the prosecutor when you arrive to testify
Honesty is whether the trier of facts believes you
True
False
Which is not an avenue of attack for a defense attorney
Memory
Perception
Narration
Honesty
Brevity
Brevity is: answering only the question asked, not volunteering information.
True
False
What is not important on the stand?
Emotional Control
Objectivity
Clarity
Brevity
Honesty
All are important
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