Deck 4: Private Security Law

Question 1

The standard of proof at trial is different for criminal and civil law.The burden of proof in a civil trial is called:

A) probable cause
B) beyond a reasonable doubt
C) preponderance of the evidence
D) reasonable suspicion plus one

Answer 1

C

Question 2

What is the name of the power utilized by private security to arrest an individual who committed a crime in their presence?

A) criminal arrest
B) citizens arrest
C) civil arrest
D) corporate arrest

Answer 2

B

Question 3

What can generally be defined as a system of standards of human conduct that impose obligations, grant corresponding rights and are a system of institutional rules?

A) policies
B) laws
C) procedures
D) rights

Answer 3

B

Question 4

The courts have held that the legal authority held by private security personnel is derived from what source?

A) their employer
B) constitutional law
C) civil law
D) common law

Question 5

A detention is held proper under the shopkeeper's rule if it is based upon the following conditions:

A) guilt beyond a reasonable doubt
B) detention, probable cause, reasonableness, consistency
C) guilty knowledge, reasonable suspicion, detention, subjective stop
D) preponderance of the evidence

Question 6

What word includes all the means by which an alleged fact, the truth which is submitted for scrutiny, is established or disproved?

A) testimony
B) brief
C) evidence
D) examination

Question 7

Private security personnel are not held to the restriction of ______________, which governs the public police officer's procedures.

A) criminal procedures
B) civil procedures
C) constitutional amendments
D) Miranda warnings

Question 8

What type of law is concerned with the structures, powers and operations of a government and the rights and duties of citizens in relation to the government?

A) public law
B) private law
C) tort law
D) constitutional law

Question 9

The 4th Amendment gives protection against unlawful searches and seizures and its protection applies to government action.This right was confirmed by:

A) Miranda v.Arizona
B) Burdeau v.McDowell
C) Terry v.Ohio
D) Gamble v.Dollar General Store

Question 10

The system of law in the United States, in which the prosecution and defense both offer evidence, falls into what category?

A) inquisitorial system
B) adversarial system
C) collaborative system
D) mutually assured defense system

Question 11

The primary heritage of the U.S.legal system is _____________, which refers to a traditional body of unwritten legal precedents created through everyday practices and supported by court decisions.

A) constitutional law
B) procedural law
C) common law
D) criminal law

Question 12

The litigant has the responsibility, called ___________, to persuade the trier of fact that the allegations made against the other party to the action are true.

A) burden of proof
B) preponderance of evidence
C) innocent until proven guilty
D) expo facto

Question 13

Private security officers have the same common-law rights as:

A) police officers
B) private citizens
C) companies
D) courts

Question 14

In most states, a citizen can only make an arrest for a crime committed in her or his presence, and the citizen's actions must be based on:

A) there being at least one witness present who inferred a crime occurred
B) reasonable suspicion that it occurred, even though in fact, no crime occurred
C) the fact that a crime must actually have occurred
D) probable cause that it occurred, even though in fact, no crime occurred

Question 15

The six steps to establish probable cause for private security were recommended by which group?

A) International Association of Industrial Security
B) International Association of Professional Security Consultants
C) Association of Private Security Guards
D) Security Management Association

Question 16

The term criminal liability means:

A) admitting to a criminal action
B) a vicarious criminal action
C) responsibility for criminal action
D) deferral in a criminal action

Question 17

In some instances, retail stores have utilized ________________ against shoplifters, which allows them to recover lost revenue and deter future theft.

A) civil demand programs
B) shoplifting recovery programs
C) retail theft recovery program
D) criminal recovery programs

Question 18

What system is a concept that holds that a business or corporation might prefer to deal with crime using their own internal system and controls instead of the criminal justice system?

A) private justice system
B) corporate justice system
C) human resource system
D) employee justice system

Question 19

Persons stealing from businesses or employers are prosecuted using the statutory law of theft, which was based on the common-law tradition of:

A) merchants privilege
B) employer privilege
C) business privilege
D) retailers privilege

Question 20

Civil actions that include redress for a legal injury one person has caused another are referred to as:

A) common law
B) substantive law
C) adjective law
D) torts

Question 21

Law traditionally has been divided into two sections: public law and private law.

Question 22

The primary heritage of the U.S.legal system is derived from the English Common Law System.

Question 23

The system of law in which the court investigates the case before it is known as inquisitorial, and is used in the U.S.

Question 24

For citizen or private security arrests to legal and proper, they must be found to have been warranted by _________________, reasonable and consistent.

Question 25

Civil liabilities fall into three categories: intentional tort, negligence, and

A) causation
B) intentional liability
C) strict liability
D) limited liability

Question 26

Private security officers are not held to the same _____________ standards that govern public police officers.

Question 27

A business can be held liable under ______________ if he or she knew of any unfitness or dangerous attributes of an employee that he or she could have reasonably foreseen with the exercise of due diligence.

A) negligent hiring
B) strict hiring
C) limited hiring
D) employer negligence

Question 28

What portion of testifying in court can be the most difficult because the opposing counsel will attempt to discredit your testimony?

A) direct examination
B) indirect examination
C) cross examination
D) counsel examination

Question 29

What issue increases the problems of liability for employers because it means they will be legally responsible for the actions of their employees?

A) strict liability
B) negligence
C) intentional tort
D) vicarious liability

Question 30

Evidence is the means by which an alleged fact, the truth of which is submitted to scrutiny, is established or disproved.

Question 31

_____________citizens are permitted to search persons they have arrested or detained and recover stolen property.

Question 32

All states have some form of civil recovery law that allows businesses to recoup their losses.

Question 33

Generally, private security officers are not required to give ____________ warnings, merely because they are placing an individual under a citizen's arrest to detain them.

Question 34

The ____ Amendment, involving search and seizure, only involves public officers subsequent to an arrest and does not apply to private security officers.

Question 35

Courts have generally determined that private security derives their legal authority from governmental statutes.

Question 36

The distinction between public and private is basic to most countries' law.

Question 37

The power of arrest for a private security officer is no different than the arrest power of the average citizen.

Question 38

Law defines for a society what is proscribed (mandated) and prescribed (forbidden) for each of its members.

Question 39

Public law is concerned with the structures, power, and operations of a government and the rights and duties of its citizens in relation to the government.

Question 40

Private security officers are not required to read potential shoplifters what right, prior to questioning about the offense?

A) Miranda warning
B) right of refusal
C) right against detainment
D) right of arrest

Question 41

A detention does not need to include _________________________.

Question 42

When is detention considered to be proper and what conditions must be present as it relates to such crimes as shoplifting?

Question 43

The standard of proof used to reach a verdict in civil and criminal cases is different.Discuss how these differences affect the verdicts.If you were ever in court, which standard would you like to be held to and why.

Question 44

Using public police officers as private security can open the employer to a/n Section _________ lawsuit, which means the employer violated an individual's constitutional rights.

Question 45

Discuss 42 U.S.C Section 1983 and how it applies to private security.

Question 46

The case that established that a search conducted by a private security officer does not violate an individual's 4th amendment rights because this only applies to governmental agents was Mapp v.Ohio.

Question 47

The use of police officers moonlighting as private security officers can lead to _____________ and equity problems.

Question 48

What is the private justice system? Discuss why business may opt to use this instead of other methods available to deal with criminal actions against their business.

Question 49

In Burdeau v.McDowell, the Supreme Court refused to extend the _______________ rule to private sector searches.

Question 50

Discuss the differences between an adversarial system and an inquisitorial system as related to systems of law and give examples of the application of these systems.