Deck 3: Legal Aspects of Security

Question 1

In a civil case, a plaintiff sues a respondent to:

A) Enforce an obligation.
B) Pay compensation to the respondent.
C) Pay damages to the respondent.
D) Prove guilt beyond a reasonable doubt.
E) All of the above.

Answer 1

Enforce an obligation.

Question 2

________ are the trial courts of general jurisdiction in the United States court system.

A) U.S. Magistrate Courts
B) U.S. Superior Courts
C) U.S. Courts of Appeal
D) U.S. District Courts
E) None of the above.

Answer 2

U.S. District Courts

Question 3

When the United States Supreme Court ________ the decision of a lower court, it lets the decision of the lower court stand.

A) Remands
B) Reverses
C) Overturns
D) Affirms

Answer 3

Affirms

Question 4

________ involves the official recording of an arrest in the records of the arresting agency.

A) First appearance
B) Booking
C) Arraignment
D) Bail

Question 5

At an arraignment, a defendant may enter any one of the following pleas except:

A) Guilty
B) Not guilty
C) Nolo contendere
D) Nolle prosequi

Question 6

During a trial, the case for the ________ is always presented first.

A) Prosecution
B) Defense
C) Judge
D) Jury

Question 7

A ________ in a trial is always the finder of fact.

A) Judge
B) Prosecutor
C) Defense counsel
D) Jury

Question 8

An appeal is taken from the state's court of last resort to the:

A) U.S. Supreme Court
B) U.S. Court of Appeals
C) U.S. District Court
D) U.S. Court of Patent Appeals

Question 9

An accusation by a grand jury is in the form of:

A) An indictment.
B) A presentment.
C) An information.
D) A complaint.

Question 10

During an attorney's voir dire examination of potential jurors, the attorney is entitled to an unlimited number of

A) Peremptory challenges.
B) Challenges for cause.
C) Challenges for which no reason need be given.
D) Motions to dismiss.

Question 11

A sentence imposed by a judge may involve all but which of the following?

A) Fine
B) Executive clemency
C) Imprisonment
D) Probation

Question 12

The stage in the criminal pretrial process in which probable cause to hold a person on a felony charge is determined is the:

A) Preliminary hearing.
B) Arraignment
C) Bail action.
D) Discovery and inspection.
E) Presentence investigation.

Question 13

In civil lawsuits, proof of liability must be established:

A) Beyond a reasonable doubt.
B) By clear and convincing evidence.
C) By a preponderance of the evidence.
D) Through prima facie (on its face) evidence.
E) None of the above.

Question 14

After closing arguments and prior to deliberations in a jury trial, the judge:

A) Asks the prosecution and defense for rebuttal agreements.
B) Instructs the jury on the law that applies in the case.
C) Determines if probably causes exists to send the case to the jury.
D) Sequesters the jurors and all witnesses in the case.
E) All of the above.

Question 15

Intentional torts include all but which of the following?

A) Assaults
B) Wrongful death
C) False imprisonment
D) Fraud
E) Accidents

Question 16

Defamation involves libel or slander intended to:

A) Jeopardize another's reputation.
B) Jeopardize another's means of livelihood.
C) Prejudice others against an individual.
D) Damage another through false and malicious statements.
E) All of the above.

Question 17

Unintentional tort liability may arise when a person:

A) Fails to exercise ordinary care.
B) Is negligent.
C) Fails to perform an act in a reasonable manner.
D) Performs a legal act in a wrongful or unlawful manner.
E) All of the above.

Question 18

A legally binding contract includes all but which of the following?

A) An offer by one party and an acceptance by another party.
B) An exchange of promises for something of value.
C) Legal subject matter, including breach of contract.
D) Contractual capacity of the parties.

Question 19

A(n) ________ contract results from the actions of the parties.

A) Expressed
B) Spoken
C) Written
D) Implied
E) All of the above.

Question 20

________ clauses in a contract are used when one party agrees to reimburse another party for expenses associated with loss, damage, or liability.

A) Indemnification
B) Hold harmless
C) Competent party
D) Mutual assent
E) All of the above.

Question 21

In the United States, property refers to:

A) Tangible items.
B) Intangibles.
C) A legally protected interest or group of interests.
D) Rights to lawful possession, use, or ownership.
E) All of the above.

Question 22

Statutory law usually refers to:

A) Law effected by legislative enactment.
B) The fundamental law that creates and regulates government through tradition or custom.
C) Customary law.
D) All of the above.

Question 23

A crime may be defined as:

A) A public wrong that is an offense against society.
B) An act or omission forbidden by law for which the state prescribes a punishment.
C) Any harm defined and made punishable by the criminal law.
D) All of the above.

Question 24

In most jurisdictions, ________ involves two or more persons who agree to commit a crime coupled with an overt act toward completion of the intended crime.

A) Criminal attempt
B) Solicitation
C) Conspiracy
D) Unlawful assembly
E) All of the above.

Question 25

________ involves procuring someone to willfully lie under oath.

A) Perjury
B) Subornation of perjury
C) Bribery
D) Extortion
E) All of the above.

Question 26

________ is a crime against property.

A) Theft
B) False pretenses
C) Arson
D) Burglary
E) All of the above.

Question 27

A person breaks into a house with the intent to steal a stereo. The person has committed:

A) Robbery
B) Breaking and entering
C) Burglary
D) Theft by false pretenses
E) All of the above.

Question 28

In many states, an assault may be defined simply as:

A) An attempted battery.
B) Placing someone in fear of an immediate battery.
C) Placing someone in fear of harmful, unconsented to, contact.
D) All of the above.

Question 29

________ is an example of unlawful homicide.

A) Justifiable homicide
B) Excusable homicide
C) Motor vehicle homicide
D) All of the above are examples of unlawful homicide.

Question 30

Sources of evidence law include state and federal statutes that focus on all but which of the following?

A) Aggravating circumstances
B) Introduction of writings
C) Witness testimony
D) Privileged communications
E) Hearsay evidence

Question 31

________ evidence includes fruits of a crime and contraband.

A) Testimonial
B) Documentary
C) Physical
D) Demonstrative
E) Irrelevant

Question 32

________ evidence has a tendency to prove or disprove a disputed fact in a court case.

A) Testimonial
B) Documentary
C) Physical
D) Demonstrative
E) Relevant

Question 33

A ________ is a search of an arrested person and the area within the arrestee's immediate control for possible weapons and other items prescribed by law.

A) Consent search
B) Frisk
C) Probable cause search
D) Plain view search
E) Search incidental to a lawful arrest.

Question 34

A search warrant is not required:

A) When legal consent is given.
B) Incidental to a lawful arrest.
C) When evidence is in plain view.
D) When an emergency (exigency) exists.
E) All of the above.

Question 35

Generally, the question of who is responsible for securing data stored in the "cloud" (cyberspace) is:

A) Unsettled.
B) Not yet identified.
C) Still sparking debate.
D) Uncertain.
E) All of the above are correct.

Question 36

In the future, the Federal Equal Employment Opportunity Commission (EEOC) may determine that poor individual credit histories are a(n) ________ to employment in a poor economy.

A) Help
B) Asset
C) Valued commodity
D) Obstacle
E) All of the above are correct.

Question 37

The legal aspects of security focus primarily on the administration of the criminal law.

Question 38

The judicial process in the United States is largely inquisitorial rather than adversarial.

Question 39

In a civil case, a plaintiff sues a respondent in an effort to establish proof of guilt beyond a reasonable doubt.

Question 40

Courts of limited jurisdiction are "limited"
in the sense that they cannot try criminal cases.

Question 41

Most defendants are detained in jail while awaiting trial.

Question 42

State courts restricted to misdemeanor cases are generally referred to as courts of limited jurisdiction.

Question 43

In most states, trial courts of general jurisdiction try felony cases.

Question 44

The stage in the criminal trial process in which the accused is asked to enter a plea to the criminal charge is the arraignment.

Question 45

In states that do not routinely use a grand jury, an individual is usually brought to trial after the preliminary hearing when the prosecutor files an indictment.

Question 46

When a jury is sequestered, the jurors are isolated so they are not influenced by others.

Question 47

A tort is a private wrong (excluding breach of contract) for which the law provides a remedy.

Question 48

As a tort, defamation includes libel and slander.

Question 49

Although employers may be sued for defamation of character for providing derogatory information on a current or former employee, the truth of the information provided is usually a complete defense unless actual malice exists.

Question 50

Managers may be held liable for negligent hiring and termination of employees but not for negligent supervision.

Question 51

Enforcement of non-compete and non-solicitation agreements are limitless.

Question 52

Administrative law is a product of judicial decisions regarding administrative agencies.

Question 53

In the United States, personal property includes intangibles, such as information, as well as tangibles, such as physical objects, land, and buildings.

Question 54

Employment laws cover a vast array of common law and statutory provisions designed to regulate contractual relationships.

Question 55

Common law is the product of a legislative enactment and is the primary law in the United States today.

Question 56

A crime involves an intentional act or omission to act that is committed in violation of the criminal law.

Question 57

If a private citizen effects an arrest for a felony crime that the citizen did not observe, and no felony crime was in fact committed, the arresting person has protection from civil liability but not criminal liability.

Question 58

A person, whether a police officer or a private citizen, may use whatever non-deadly force is reasonably necessary to protect property.

Question 59

Private (civil) law includes contracts, torts, property law and criminal code violations.

Question 60

Embezzlement refers to misappropriation of property by one to whom the property, usually liquid assets, is entrusted.

Question 61

Proof is the desired result of evidence.

Question 62

An admission is a statement by a suspect admitting liability for a crime.

Question 63

A seizure involves intrusion into an area where a person has a reasonable expectation to privacy.

Question 64

Before a private security person interrogates a suspect, the Miranda rights advisory must be communicated to the person being interrogated.

Question 65

Compare and contrast civil with criminal pretrial and trial processes.

Question 66

What constitutes criminal activity? In other words, what are the essential elements of a crime?