KLETC TEST 9 STUDY GUIDE 2025 QUESTIONS WITH 100% CORRECT
ANSWERS!!/NEWEST UPDATE
Terms in this set (140)
Criminal law's purpose is to punish the offenders, it is the
people that bring the action, they are punished by incarceration
or fines, and the burden of proof is beyond a reasonable doubt.
Civil Process 02.06
Civil law's purpose is compensation to the victim, the aggrieved
1 Define the differences between
person is the one that brings the action, they are punished by
civil law and criminal law.
monetary damages, and the burden of proof in civil law is
generally preponderance of guilt.
They overlap in punitive damages and in restitution.
Injunctions- orders to do or not do something
Restraining Order- maintain status quo while a lawsuit is
pending (must be personally served).
PFA- Protection from Abuse a restraining order that is applicable
in domestic violence situation. Must be served personally - for
PFS too).
Citation for Contempt - Bring person before a court and have
them explain why they have not complied with court order (not
the same as FTA).
Also called SHOW CAUSE order.
2 Define the common types of civil
actions,
Garnishments - process where defendant's property is seized
e.g. small claims, eviction
while a 3rd party is in possession of the property.
proceeding, writ, nuisance
abatements, etc.
Attachments- procedure by which a defendants by property while it is in
Habeas Corpus- a writ used to challenge the legality of any
detention, confinement or restraint.
, Forcible Detainer - is the removal from real property of a person
who was at some time before the action in lawful possession
of the property.
Forcible Ejectment - is the removal from real property of a
person who was never in the lawful possession of the
property.
Subpoenas- are orders from a court commanding the appearance
of a person in court, or the presentation of documents in
court.
3 Define the They are responsible for doing or not doing what that action
responsibilities of those tells them to, also for providing the information that is asked for
against whom a civil action or to appear when and where they are ordered to.
has been initiated.
4 Define sources of information The officer can give no legal advice, and shall not refer the
and defendants to any specific lawyer. He can tell the person about
referral sources for those facing
things like legal aid, bar associations, and the yellow pages for
civil legal actions.
the person to find good legal counsel.
Subpoena for the attendance of witnesses
A subpoena is an order from a court or other authorized entity commanding
the
attendance of a person to attend and give testimony at a time and
place specified in the subpoena.
5 Identify and explain the purpose
of a subpoena. Subpoena for the production of documentary evidence
● A subpoena may command the person to appear and produce
books, papers, documents, or tangible things designated in
the subpoena.
,● Subpoena duces tecum - may be satisfied by production of the
requested records without the need for the person to actually
appear. (bring documents)
● Subpoena Ad Testification - show up to court to testify in person.
, Service may be accomplished by any method authorized under
KSA 60-303. Approved methods include:
Personal service- is delivery of the process into the physical
custody of the intended recipient. Offer plus refusal is equal to
service, meaning that if they refuse to take the papers they have
still been served. (OFFER + REFUSAL = SERVICE)
Residential Service- is the accomplished by leaving a copy of the
process at the target's house or usual place of abode with some
person of suitable age and
6 Define how to serve a subpoena. discretion.
Tacking
● Process of affixing service to the usual place of abode of the
target. This must only be done if residential service is not
available. (LAST RESORT)
● Can't do to minor/institutionalized/disabled person
Return Receipt Delivery- mailing of the process to the target
using some sort of mail that has a receipt, including using
certified mail, priority mail, commercial courier
service, overnight delivery service, other reliable personal delivery
service.
Publication- is service by publication in a newspaper that is
authorized. There are several things that make it authorized,
normally lawyers will do this.
Failure to comply with a subpoena without excuse is punishable
7 Define the remedies for failure to
by contempt. If the subpoena is to trial or a hearing, the court may
obey a subpoena.
issue a bench warrant commanding that the person be arrested
and brought before the judge.
8 Define the legal requirements There must be a bench warrant issued for the person's arrest.
for
arresting a person who has failed
to obey a subpoena.
● An injunction is a court order commanding a person to do
9 Define the remedies for failure to something or refrain from doing something.
obey an injunction. ● Failing to honor an injunction may result in either contempt
ANSWERS!!/NEWEST UPDATE
Terms in this set (140)
Criminal law's purpose is to punish the offenders, it is the
people that bring the action, they are punished by incarceration
or fines, and the burden of proof is beyond a reasonable doubt.
Civil Process 02.06
Civil law's purpose is compensation to the victim, the aggrieved
1 Define the differences between
person is the one that brings the action, they are punished by
civil law and criminal law.
monetary damages, and the burden of proof in civil law is
generally preponderance of guilt.
They overlap in punitive damages and in restitution.
Injunctions- orders to do or not do something
Restraining Order- maintain status quo while a lawsuit is
pending (must be personally served).
PFA- Protection from Abuse a restraining order that is applicable
in domestic violence situation. Must be served personally - for
PFS too).
Citation for Contempt - Bring person before a court and have
them explain why they have not complied with court order (not
the same as FTA).
Also called SHOW CAUSE order.
2 Define the common types of civil
actions,
Garnishments - process where defendant's property is seized
e.g. small claims, eviction
while a 3rd party is in possession of the property.
proceeding, writ, nuisance
abatements, etc.
Attachments- procedure by which a defendants by property while it is in
Habeas Corpus- a writ used to challenge the legality of any
detention, confinement or restraint.
, Forcible Detainer - is the removal from real property of a person
who was at some time before the action in lawful possession
of the property.
Forcible Ejectment - is the removal from real property of a
person who was never in the lawful possession of the
property.
Subpoenas- are orders from a court commanding the appearance
of a person in court, or the presentation of documents in
court.
3 Define the They are responsible for doing or not doing what that action
responsibilities of those tells them to, also for providing the information that is asked for
against whom a civil action or to appear when and where they are ordered to.
has been initiated.
4 Define sources of information The officer can give no legal advice, and shall not refer the
and defendants to any specific lawyer. He can tell the person about
referral sources for those facing
things like legal aid, bar associations, and the yellow pages for
civil legal actions.
the person to find good legal counsel.
Subpoena for the attendance of witnesses
A subpoena is an order from a court or other authorized entity commanding
the
attendance of a person to attend and give testimony at a time and
place specified in the subpoena.
5 Identify and explain the purpose
of a subpoena. Subpoena for the production of documentary evidence
● A subpoena may command the person to appear and produce
books, papers, documents, or tangible things designated in
the subpoena.
,● Subpoena duces tecum - may be satisfied by production of the
requested records without the need for the person to actually
appear. (bring documents)
● Subpoena Ad Testification - show up to court to testify in person.
, Service may be accomplished by any method authorized under
KSA 60-303. Approved methods include:
Personal service- is delivery of the process into the physical
custody of the intended recipient. Offer plus refusal is equal to
service, meaning that if they refuse to take the papers they have
still been served. (OFFER + REFUSAL = SERVICE)
Residential Service- is the accomplished by leaving a copy of the
process at the target's house or usual place of abode with some
person of suitable age and
6 Define how to serve a subpoena. discretion.
Tacking
● Process of affixing service to the usual place of abode of the
target. This must only be done if residential service is not
available. (LAST RESORT)
● Can't do to minor/institutionalized/disabled person
Return Receipt Delivery- mailing of the process to the target
using some sort of mail that has a receipt, including using
certified mail, priority mail, commercial courier
service, overnight delivery service, other reliable personal delivery
service.
Publication- is service by publication in a newspaper that is
authorized. There are several things that make it authorized,
normally lawyers will do this.
Failure to comply with a subpoena without excuse is punishable
7 Define the remedies for failure to
by contempt. If the subpoena is to trial or a hearing, the court may
obey a subpoena.
issue a bench warrant commanding that the person be arrested
and brought before the judge.
8 Define the legal requirements There must be a bench warrant issued for the person's arrest.
for
arresting a person who has failed
to obey a subpoena.
● An injunction is a court order commanding a person to do
9 Define the remedies for failure to something or refrain from doing something.
obey an injunction. ● Failing to honor an injunction may result in either contempt
