Question 1

A case that is proved "on the face of it" is known as:

Accepted Answer

A case that is proved "on the face of it" is known as a prima facie case. This means that there is enough evidence to establish a fact or convince a court to rule in favor of the plaintiff, without the need for further evidence or argument. It is a preliminary, initial stage of a case, and does not necessarily mean that the plaintiff will win the case overall.

Question 2

A legal doctrine that holds that the master is responsible for the actions of his servant while his servant is acting in his master's behalf is known as:

Accepted Answer

The legal doctrine described in the question is respondeat superior, which holds that the master (or employer) is responsible for the actions of his servant (or employee) while acting in the master's behalf. Therefore, the best choice is D.

Question 3

To obtain information concerning marriage licenses, an investigator would contact the:

Accepted Answer

The Bureau of Vital Statistics keeps records of marriages and would have information regarding marriage licenses. The health department, tax bureau, and Social Security office would not have information about marriage licenses. The appropriate court may have information, but that would depend on the specific case and jurisdiction.

Question 4

Which of the following is true with regard to the law of arrest?

Accepted Answer

A) Force may be used if it is reasonable and necessary: This is true as per the law of arrest.
B) The deputized private agent has powers similar to the police: This is not true. The private security agent's powers are limited and they cannot perform all the tasks that the police can.
C) Citizen's arrest is not a right, it is a privilege: This is true as per the law of arrest.
D) The private security agent should understand what his or her powers and limitations are according to law: This is true as it is the responsibility of the private security agent to know their powers and limitations when it comes to arrest.

Question 5

Defenses and immunities that protect a person from liability resulting from a private arrest include:

Accepted Answer

All of the choices listed (self-defense, defense of property, crime prevention) can be valid defenses or immunities for a person who has made a private arrest. However, it's important to note that the use of force in a private arrest must be reasonable and proportional to the situation at hand. Otherwise, the person making the arrest could still be liable for assault, battery, false imprisonment, or other crimes.

Question 6

In an investigation concerning regulations of common carriers in interstate commerce or investigation of railroad accidents, a good source of information would be the:

Accepted Answer

The Interstate Commerce Commission specifically deals with regulations of common carriers in interstate commerce and investigations of railroad accidents. The other options do not have a direct connection to this topic.

Question 7

Which of the following is not subject to public disclosure under the Freedom of Information Act?

Accepted Answer

All of the options listed are not subject to public disclosure under the Freedom of Information Act. Classified information, internal personnel rules, personal medical records, and confidential informants are all exempted from public disclosure under the act.

Question 8

The Act that deals with the release and disclosure of certain kinds of information by the federal government is:

Accepted Answer

The Freedom of Information Act (FOIA) is a federal law that provides the public the right to request access to records or information held by any federal agency. It establishes a presumption that records should be provided upon request unless they fall within specific exemptions. The other choices deal with different aspects of government operations but do not specifically address the release and disclosure of information.

Question 9

When it is necessary to question a witness about sexual deviation all of the following should be avoided except:

Accepted Answer

Allowing the witness to frame the testimony in his or her own words is generally acceptable as it can provide a more accurate and personal account of events.

Question 10

Generally, a private citizen has the right to initiate arrest for a misdemeanor if the:

Accepted Answer

According to the Fourth Amendment, a private citizen has the right to initiate an arrest for a misdemeanor only if the misdemeanor was committed in their presence. If the misdemeanor was not committed in their presence, they must seek the assistance of a law enforcement officer to make the arrest.

Question 11

Which of the following is not correct with regard to the grand jury?

Accepted Answer

A witness may not be accompanied by his or her attorney inside the grand jury room; the attorney must wait outside.

Question 12

Some facts about drug users that may assist in recognizing problem areas during a drug investigation are set forth as follows. Indicate the one that is erroneous.

Accepted Answer

Chronic abuse of drugs is often considered a symptom of mental or emotional illness.

Question 13

Which of the following is not usually applicable to a confession?

Accepted Answer

Confessions are typically used in criminal cases and not civil transactions.

Question 14

In investigating homicide and suicide, the best source of information would probably be the:

Accepted Answer

The county coroner's office is responsible for determining the cause of death in cases of homicide and suicide. They conduct autopsies and other forensic examinations to gather evidence and determine the manner of death. As such, they are the best source of information for these types of cases.

Question 15

Rules promulgated by administrative agencies are ultimately published in the:

Accepted Answer

Rules promulgated by administrative agencies are ultimately published in the Code of Federal Regulations (CFR), which is the official record of all rules and regulations issued by federal agencies.

Question 16

A sudden, violent, and noisy eruption, outburst, or discharge by material acted upon with force, such as fire, shock, or electrical charge, which causes the material, either solid or liquid, to convert into gas and violently expand or burst is the definition of:

Accepted Answer

The answer of A sudden, violent, and noisy eruption, outburst,...

Question 17

The process whereby the determinations and actions of an administrative agency are reviewed by the courts is:

Accepted Answer

Judicial review is the process by which courts review the actions of administrative agencies to determine whether they are in compliance with the law and the Constitution. This helps to ensure that agencies do not overstep their authority or violate individual rights. Stare decisis is a legal principle that refers to the reliance on past court decisions to guide current cases. Certiorari is a process by which a higher court reviews a lower court’s decision. Mandamus is a court order that requires a government official to perform a specific duty. None of these other options accurately describes the process of judicial review.

Question 18

In conducting a "claim" investigation where the claim is a serious one and where there is cause for doubt in connection with the loss or claim, the type of investigation to be used is:

Accepted Answer

When conducting a serious claim investigation where there is doubt, personal contact is the most effective approach. This allows the investigator to gather information through face-to-face conversations, observe and assess behavior, and gather physical evidence. Telephone and mail investigations may not provide enough information or may be easily manipulated, while undercover or clandestine methods may not be legal or ethical in the context of a claim investigation.

Question 19

A police officer may make an arrest without a warrant:

Accepted Answer

The answer of A police officer may make an arrest...

Question 20

Which of the following investigative resources should not normally be used in a gambling investigation conducted by a proprietary investigative force?

Accepted Answer

Telephone surveillance is typically reserved for law enforcement investigations and requires a court order. A proprietary investigative force would not have the authority to conduct such surveillance. The other options listed - closed-circuit TV cameras, undercover operatives, fluorescent powder, and physical surveillances - are all common investigative resources that may be used in a gambling investigation.

Exam 1: ASIS Certified Protection Professional