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Multiple Choice

Which term refers to an order of arrest issued by the clerk of the court?

Capias is the term for an arrest order issued by the clerk of the court. It functions as a writ directed to law enforcement to arrest a person and bring them before the court, typically to compel appearance or compliance with a court order. This differs from a summons, which merely notices someone to appear without authorizing immediate arrest, and from a standard warrant, which is usually issued by a judge to arrest someone suspected of a crime. A bench warrant is an arrest order issued by a judge when someone fails to appear or violates court orders. So, when the order comes from the clerk to arrest someone, the appropriate term is capias.

Capias is the term for an arrest order issued by the clerk of the court. It functions as a writ directed to law enforcement to arrest a person and bring them before the court, typically to compel appearance or compliance with a court order. This differs from a summons, which merely notices someone to appear without authorizing immediate arrest, and from a standard warrant, which is usually issued by a judge to arrest someone suspected of a crime. A bench warrant is an arrest order issued by a judge when someone fails to appear or violates court orders. So, when the order comes from the clerk to arrest someone, the appropriate term is capias.