LATEST BASIC CODE ENFORCEMENT TEEX & TDLR
ACTUAL EXAM REAL QUESTIONS AND WELL
ELABORATED ANSWERS (100% CORRECT VERIFIED
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Absolute Immunity - ANSWER: The status of a person or body that places one
beyond the law and makes one free from legal obligations.
Affiant - ANSWER: The person who makes and subscribes an affidavit.
Affidavit - ANSWER: A voluntary, written or printed declaration of facts, confirmed by
oath of the party making it before a person with authority to administer the oath.
Civil Action - ANSWER: legal action to protect a private civil right or to compel a civil
remedy (as distinguished from criminal prosecution)
Defamation - ANSWER: That which tends to injure a person's reputation.
Dillon's Rule - ANSWER: Municipal governments only have the powers that are
expressly granted to them by the state legislature, those that are necessarily implied
from that grant of power, and those that are essential and indispensable to the
municipality's existence
Enabling Legislation - ANSWER: The act of giving or enacting laws; the power to make
laws via legislation in contrast to court-made laws.
General Law City - ANSWER: Cities operate under the laws of the state with some
exceptions to those laws.
Home Rule City - ANSWER: The power of a city to govern itself so long as charter
provisions or ordinances are not inconsistent with state law.
Home Rule Charter - ANSWER: Organizational plan or framework of a municipal
corporation like a constitution of a state or nation; it is drawn up by the municipality
and adopted by popular vote of the people.
Injunction - ANSWER: a judicial remedy issued in order to prohibit a party from doing
or continuing to do a certain activity
Libel - ANSWER: Published defamation which tends to injure a person's reputation.
Lien - ANSWER: An encumbrance or legal burden upon property.
, Lis Pendens - ANSWER: A pending lawsuit.
Preemption - ANSWER: The judicial principle asserting the supremacy of federal over
state legislation on the same subject.
Real Property - ANSWER: Land, buildings and whatever is attached or affixed to the
land; synonymous with "real estate".
Reasonable Person - ANSWER: a phrase used to denote a hypothetical person who
exercises qualities of attention, knowledge; intelligence, and judgment that society
requires of its members for the protection of their own interest and the interests of
others. Thus, the test of negligence is based on either a failure to do something that
a reasonable person, guided by considerations that ordinarily regulate conduct,
would do, or on the doing of something that a reasonable and prudent (wise) person
would not do.
Return - ANSWER: A report to a judge by police on the implementation of an arrest
or search warrant. Also, a report to a judge in response to a subpoena, civil or
criminal.
Search Warrant - ANSWER: A written order issued by a judge that directs law
enforcement officer to search a specific area for a particular piece of evidence.
Sovereign Immunity - ANSWER: an exemption that precludes bringing a suit against
the sovereign government without the government's consent
Substantive Criminal Law - ANSWER: Law with the purpose of prevention of harm to
society which prescribes punishment for specific offenses. The basic law of rights and
duties as opposed to "remedial law" which provides methods of enforcement.
Substantive Due Process - ANSWER: Due process of law; the right of all persons to
receive the guarantees and safeguards of the law and the judicial process. It includes
such constitutional requirements as adequate notice, assistance at trial, to an
impartial jury and to confront and secure witnesses.
Substantive Law - ANSWER: The statutory or written law that governs rights and
obligations of those who are subject to it.
Testimony - ANSWER: The evidence given by a witness under oath. It does not
include evidence from documents and other physical evidence.
Ultra Vires - ANSWER: Beyond the legal power or authority of a person or official or
body etc.
Venire - ANSWER: A writ summoning persons to court to act as jurors.