Question 1

The law that prohibits the armed forces from executing civil law in the United States, its territories, and possessions is:

Accepted Answer

The Posse Comitatus Act prohibits the use of the armed forces to execute civil law within the United States, its territories, and possessions. Title 18, U.S. Code is a criminal code, the Delimitations Agreement pertains to boundary disputes between nations, and the Armed Services Act of 1950 is a law that regulates the organization and structure of the U.S. military.

Question 2

The authority of a private person to make an arrest is usually:

Accepted Answer

The authority of a private person to make an arrest varies depending on the state law. In some states, private citizens have broad arrest powers, while in others they are limited to making an arrest only in certain circumstances (such as when a felony is committed in their presence). Therefore, the correct answer is C.

Question 3

A "de minimis" violation of the OSHA Act is:

Accepted Answer

A "de minimis" violation is one that has no immediate or direct relationship to safety or health. It is a technical violation that does not have an impact on workers' safety and health.

Question 4

Under OSHA regulations, the employer is responsible to see that every recordable injury or illness is listed on the log within:

Accepted Answer

Under OSHA regulations, employers must record each recordable injury or illness on the OSHA 300 Log within 7 calendar days of receiving information that a recordable injury or illness has occurred. However, the closest option provided is 6 days.

Question 5

According to the U.S. Code, a felony is:

Accepted Answer

The U.S. Code defines a felony as any offense punishable by death or imprisonment for a term exceeding one year. Therefore, choice D is the correct answer.

Question 6

When a law enforcement agent induces the commission of an offense, the process is called:

Accepted Answer

The process of inducing the commission of an offense by a law enforcement agent is called entrapment. It involves the officer encouraging or convincing a suspect to commit a crime that they may not have committed without the influence of the officer. This is considered unethical and may lead to the dismissal of the case.

Question 7

The Freedom of Information Act, passed in 1966, applies to:

Accepted Answer

The Freedom of Information Act applies only to the federal government, not state governments or private industry.

Question 8

The actual use of force against another, which involves physical touching, is a willful tort called in common law:

Accepted Answer

Battery is the willful tort that involves actual use of force against another, which involves physical touching. Assault, on the other hand, is the threat of force or harm to another. Felonious assault and aggravated assault are variations of assault, but not the actual use of force.

Question 9

The general rule as to the amount of force a guard is permitted to use in order to accomplish a lawful arrest is:

Accepted Answer

Guards are only permitted to use such force as is reasonably necessary in order to accomplish a lawful arrest. The amount of force used should be proportionate to the resistance offered by the person being arrested. Using excessive force can lead to legal consequences for the guard.

Question 10

The Fourth Amendment of the U.S. Constitution does not apply to:

Accepted Answer

The Fourth Amendment applies to government searches and seizures, not private searches. Therefore, a search by a private person is not subject to the Fourth Amendment.

Question 11

Statements by persons that things done or said by them are actually as they are described or said to be constitute:

Accepted Answer

These statements are known as warranties, which are promises made about the quality, condition, or performance of a product or service. They can be expressed or implied, but in this case, the prompt specifically mentions statements made by persons, indicating that they are expressed warranties. Therefore, the best choice is B.

Question 12

The makeup of a federal grand jury is:

Accepted Answer

A federal grand jury is composed of 16 to 23 jurors, as specified by the Federal Rules of Criminal Procedure.

Question 13

Wrongful appropriation of the personal property of another to the use of the taker is a tort called:

Accepted Answer

Conversion is the tort of wrongfully taking or using another person's property without their consent or authority, and treating that property as if it belongs to them. Larceny is a type of theft involving the taking and carrying away of someone else's property with the intent to steal it. Trespass is the act of entering someone else's property without their permission. Embezzlement is the fraudulent appropriation of funds or property by a person who was entrusted with that property.

Question 14

Which of the following is not true of common law?

Accepted Answer

Common law originated in England, not France.

Question 15

Which of the following would be considered a primary tort relevant to security officers?

Accepted Answer

The answer of Which of the following would be considered...

Question 16

If a grand jury determines that probable cause exists and that the accused committed a crime, the grand jury then:

Accepted Answer

If a grand jury determines that probable cause exists and that the accused committed a crime, the grand jury issues an indictment, which is a formal accusation that initiates a criminal prosecution.

Question 17

Rules issued by administrative agencies are published in the:

Accepted Answer

Rules issued by administrative agencies are published in the Federal Register, which is the official daily publication for presidential documents and federal regulations. The Congressional Record is a daily record of the proceedings and debates of the US Congress, the US Code is a compilation of federal laws currently in force, and the Statutes at Large contain the permanent laws of the United States in chronological order of their enactment.

Question 18

An arrest made by a guard who has not been deputized is called:

Accepted Answer

A guard who has not been deputized may make an arrest under certain circumstances, but it is considered a citizen's arrest.

Question 19

The federal criminal law is set forth in the following title of the U.S. Code:

Accepted Answer

Title 18 of the U.S. Code contains the federal criminal law.

Question 20

A writ issued by a court directing the recipient to appear and testify is a:

Accepted Answer

A writ issued by a court directing the recipient to appear and testify is known as a subpoena. A warrant is a writ issued by a court authorizing the arrest or detention of a person or the search or seizure of property. A writ of mandamus is a court order requiring a government official to perform their duty. A writ of prohibition is a court order prohibiting a lower court from exercising its jurisdiction over a particular case.

Exam 1: ASIS Certified Protection Professional