Question 1

The probable cause necessary to constitute a prerequisite to arrest and search by law enforcement officers is:

Accepted Answer

Law enforcement officers must have probable cause, which means the presence of those facts that would lead a reasonable person to believe that the accused committed the offense, before they can make an arrest or conduct a search. This is a higher standard than a mere suspicion or preponderance of evidence, but does not require evidence that will prove guilt beyond a reasonable doubt.

Question 2

The United States Supreme Court consists of:

Accepted Answer

The United States Supreme Court consists of 9 members, also known as justices or judges. This number has remained constant since 1869, with the exception of a brief period in the 19th century when the number fluctuated between 6 and 10 justices.

Question 3

A law that sets forth a maximum time period from the happening of an event for a legal action to be properly filed in court is known as:

Accepted Answer

The statute of limitations sets forth a maximum time period for a legal action to be properly filed in court. The statute of frauds refers to a law that requires certain types of contracts to be in writing to be enforceable. The doctrine of estoppel refers to a legal principle that prevents a person from denying facts that have already been established as true. Stare decisis is a principle that requires courts to adhere to previous legal decisions in similar cases.

Question 4

The unlawful taking of property by force or threat of force constitutes the crime of:

Accepted Answer

The answer of The unlawful taking of property by force...

Question 5

An agent can become liable while acting for the principal if:

Accepted Answer

All of the options listed can result in an agent becoming liable while acting on behalf of a principal. If the agent violates any duties owed to the principal, they can be held responsible for any resulting damages. If the agent exceeds actual authority, they may be acting outside of the scope of their role, which can lead to liability. Finally, if the agent assumes liability for a particular transaction, they are taking on responsibility that may not be theirs to bear, which could lead to negative consequences.

Question 6

One who is actually or constructively present, aiding and abetting in the commission of the crime, is generally known as a(n):

Accepted Answer

A "Principal in the second degree" is someone who is present at the crime scene and aids or abets in the commission of the crime.

Question 7

The U.S. Supreme Court case that established the accused's right to be informed of his or her constitutional right to remain silent, to have a lawyer present, to be informed of the right to remain silent, and of the state's duty to provide a lawyer when the accused cannot afford one is:

Accepted Answer

The case that established the accused's right to be informed of their constitutional rights is Miranda v. Arizona. In this case, the Supreme Court held that the Fifth Amendment's protection against self-incrimination required that individuals in police custody who are subjected to interrogation must be informed of their right to remain silent and to have an attorney present. This warning, now known as the Miranda warning, must be given before any questioning takes place. This case has had a significant impact on the criminal justice system, particularly in the area of confessions and interrogations.

Question 8

An agent ordinarily can act for the principal in such a way to make the principal legally responsible provided:

Accepted Answer

The only requirement for an agent to make the principal legally responsible is that the agent is authorized by the principal to act in that way. The other options listed are not necessary for the principal's legal responsibility to be established.

Question 9

In some states it is a crime to begin a criminal case without probable cause in bad faith and with the intent of harassing or injuring the other party. The crime is:

Accepted Answer

The crime described is malicious prosecution, which involves the initiation of a criminal case without probable cause and with the intent to harm the other party. It is considered a form of harassment and is illegal in many states. Felonious intent and felonious harassment are not specific crimes, and misprision of a felony refers to the failure to report a known felony, which is not applicable here.

Question 10

The act of inducing a person to commit a crime for the purpose of having him or her arrested is known as:

Accepted Answer

Entrapment is a defense whereby a defendant claims that they were induced to commit a crime they would not have otherwise committed by the conduct of a government agent. This can include tactics such as persuasion, threats, flattery, or fraud. The purpose of entrapment is to catch criminals in the act, but it is not permissible for law enforcement officials to induce individuals to commit crimes they would not have committed on their own in order to make an arrest.

Question 11

The doctrine that states that an employer is not liable for injuries inflicted by one employee upon another while both are engaged in the same general enterprise is called:

Accepted Answer

The fellow-servant rule is the doctrine that states that an employer is not liable for injuries inflicted by one employee upon another while both are engaged in the same general enterprise.

Question 12

As a general rule, deadly force is justified in which of the following cases?

Accepted Answer

Deadly force is justified when someone is in immediate danger of serious injury or death. In cases of an armed robbery, the perpetrator poses a threat of serious injury or death to the victim or others, justifying the use of deadly force in self-defense or defense of others. In the other cases listed, deadly force may not be necessary or justified.

Question 13

Federal trial courts are called:

Accepted Answer

District courts are the federal trial courts responsible for hearing both criminal and civil cases. They are the lowest level of the federal court system and typically handle cases that are first filed at the federal level.

Question 14

The statute of limitations for the crime of murder is:

Accepted Answer

There is no statute of limitations for the crime of murder.

Question 15

The unlawful restraint by one person of the physical liberty of another person is the crime of:

Accepted Answer

False imprisonment is the crime of unlawfully restraining the physical liberty of another person. Kidnapping and abduction include additional elements such as intending to convey the person to a different location or using force or fear to restrain the person. Unlawful restraint is often used interchangeably with false imprisonment, but some jurisdictions may have different definitions or penalties for each.

Question 16

In a criminal prosecution, the measure of evidence used to find the accused guilty is:

Accepted Answer

Beyond a reasonable doubt is the highest standard of evidence used in criminal prosecutions. It means that the evidence presented must be so strong that there could be no other logical explanation other than guilt.

Question 17

As a general rule, the employer is not liable for a tort committed by:

Accepted Answer

Generally, an employer is not liable for torts committed by independent contractors because the employer does not have direct control over their actions. However, there are certain exceptions to this rule such as if the employer was negligent in hiring or supervising the independent contractor.

Question 18

The federal agency that has primary jurisdiction over those who print and pass counterfeit money is:

Accepted Answer

The Secret Service is the federal agency that has primary jurisdiction over those who print and pass counterfeit money. This is because the agency was originally created in 1865 to combat counterfeiting during the Civil War. While the FBI, Bureau of Alcohol, Tobacco, and Firearms, and U.S. Marshal Service all have important law enforcement roles, they do not have primary jurisdiction over counterfeit money.

Question 19

One who has knowledge of the commission of a felony and render personal assistance to the felon, such as hiding him or her, i generally liable as a(n):

Accepted Answer

One who has knowledge of the commission of a felony and renders personal assistance to the felon after the crime has been committed, such as hiding them or helping them escape, is generally considered an accessory after the fact.

Question 20

Which of the following is not an element of a serious crime that must be proved for conviction?

Accepted Answer

While motive may be relevant to a case and may help establish intent or opportunity, it is not an element of a crime that must be proved for conviction. The other choices (B, C, D) are all necessary elements for a conviction.

Exam 1: ASIS Certified Protection Professional