Private Investigator Exam Questions And Answers
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What is examination in cheif? - ANSWER -- questions where the witness will tell
the story
- leading questions are not allowed except to introduce the witness
What is cross examination? - ANSWER -- conducted by the opposing side and the
opportunity to show inconsistencies in the witnesses story
- leading questions are permitted with the approval of the court
What is re-examination? - ANSWER -- conducted for the purpose of clarifying a
particular point - no new evidence can be introduced and no new leading questions
are permitted
What is rebuttal evidence? - ANSWER -- evidence to deal with new points
produced by the defence which the prosecution could not have foreseen
- example could be the weather (was warm and there was no rain)
Surrebuttal Evidence: - ANSWER -- evidence is only to deal with rebuttal
evidence and no new issues can be raised such as the rain question (opposing side
made question if the qualification of the weather expert or the validity of his/her
machines to accurately record the weather
Under the Trespass to Property Act, every person who is not acting under a right
or authority conferred by law and who without the express permission of the
occupier the proof which rests on the defendant, enters on-premises when entry is
prohibited or does not leave the premises immediately after he or she is directed to
do so by the occupier of the premises or a person authorized by the occupier is
guilty of an offence and on conviction is liable to a fine of not more than -
ANSWER -$10,000
What is the colour of right as a defence? - ANSWER -- it is a defence to charge in
respect of a premises that is land where the person charged reasonably believed
that he or she was entitled to or an interest in the land entitled him or her to do the
act complained of
, What is the prohibition of entry under the Trespass to Property Act whether there
is a notice or not? - ANSWER -- a garden, field or other land that is under
cultivation, including a lawn, orchard, vineyard and premises on which trees have
been planted and have not attained an average height of more than 2 meters in
woodlots on land used primarily for agricultural purposes
- or that is enclosed in a manner than indicates the occupier's intention to keep
persons off the premises or to keep animals on the premises
What is the implied permission of use approach to door? - ANSWER -- there is a
presumption that access for lawful purposes to the door of a building on premises
by a means apparently provided in use for the purposes of access is NOT
prohibited
What is limited permission under the Trespass to Property Act? - ANSWER --
where there is a notice given that one or more particular activities are allowed, all
other activities and entries for the purposes are prohibited and any additional notice
that an entry is prohibited or a particular activity is prohibited on the same
premises shall be constructed to be for greater certainty only
How can a method of giving notice be given under the Trespass to Property Act? -
ANSWER -- a notice under this act may be given orally or in writing
- a sign that is clearly visible
- by means of marking system set out in section 7
Are yellow markings sufficient for the purpose of giving notice that entry is
prohibited except for the purchase of certain activities and shall be deemed to be
noticed of the activities permitted? - ANSWER -Yes, yellow markets are sufficient
for giving notice
What consists of an arrest without a warrant off premises under the Trespass to
Property Act? - ANSWER -- where a police officer believes on reasonable and
probable grounds that a person has been in contravention of section 2 and has
made fresh departure from the premises and the person refuses to give his or her
name in address or there are reasonable and probable grounds to believe that the
name or address given is false police officer may arrest the person without a
warrant
What kind of powers do PI's have? - ANSWER -- the same powers as any member
of the public
- DO NOT have police or peace officer powers
, What section of the code describes when it is appropriate for a member of the
public to make an arrest? - ANSWER -- section 494
Under section 494, anyone may arrest without a warrant - ANSWER -- a person
who he finds committing an indictable offence
- a person who on reasonable grounds believes that the person has committed a
criminal offence and is escaping from and freshly pursued by persons who have
lawful authority to arrest that person
The owner of a property may arrest - ANSWER -- without a warrant a person
whom he finds committing a criminal offence on or in relation to that property
What are the three types of offences under the Criminal Code of Canada? -
ANSWER -1. Summary Conviction
2. Hybrid
3. Indictable
Under summary conviction, offenders are subject to a maximum penalty of -
ANSWER -- 6 months imprisonment
- a fine of $5,000.00
Indictable offences, offenders are subject to a minimum of - ANSWER -- one year
imprisonment
What hybrid offences? - ANSWER -- include differing levels of severity
- the crown is given the option to proceed under indictment or summary conviction
based on interpretation of events
Under what offence is the crown given the option to proceed under indictment or
summary conviction? - ANSWER -hybrid offences
In all cases involving a dual procedure offence, the offence is deemed to be held
under what? - ANSWER -- indictment unless otherwise applied by the Crown
Under section 25 of the Criminal Code, a PI is allowed - ANSWER -- like all
members of the public to use as much force as necessary as long as they act on
reasonable grounds
Section 26 of the Criminal Code deals with? - ANSWER -- excess of force
Verified 100% Correct
What is examination in cheif? - ANSWER -- questions where the witness will tell
the story
- leading questions are not allowed except to introduce the witness
What is cross examination? - ANSWER -- conducted by the opposing side and the
opportunity to show inconsistencies in the witnesses story
- leading questions are permitted with the approval of the court
What is re-examination? - ANSWER -- conducted for the purpose of clarifying a
particular point - no new evidence can be introduced and no new leading questions
are permitted
What is rebuttal evidence? - ANSWER -- evidence to deal with new points
produced by the defence which the prosecution could not have foreseen
- example could be the weather (was warm and there was no rain)
Surrebuttal Evidence: - ANSWER -- evidence is only to deal with rebuttal
evidence and no new issues can be raised such as the rain question (opposing side
made question if the qualification of the weather expert or the validity of his/her
machines to accurately record the weather
Under the Trespass to Property Act, every person who is not acting under a right
or authority conferred by law and who without the express permission of the
occupier the proof which rests on the defendant, enters on-premises when entry is
prohibited or does not leave the premises immediately after he or she is directed to
do so by the occupier of the premises or a person authorized by the occupier is
guilty of an offence and on conviction is liable to a fine of not more than -
ANSWER -$10,000
What is the colour of right as a defence? - ANSWER -- it is a defence to charge in
respect of a premises that is land where the person charged reasonably believed
that he or she was entitled to or an interest in the land entitled him or her to do the
act complained of
, What is the prohibition of entry under the Trespass to Property Act whether there
is a notice or not? - ANSWER -- a garden, field or other land that is under
cultivation, including a lawn, orchard, vineyard and premises on which trees have
been planted and have not attained an average height of more than 2 meters in
woodlots on land used primarily for agricultural purposes
- or that is enclosed in a manner than indicates the occupier's intention to keep
persons off the premises or to keep animals on the premises
What is the implied permission of use approach to door? - ANSWER -- there is a
presumption that access for lawful purposes to the door of a building on premises
by a means apparently provided in use for the purposes of access is NOT
prohibited
What is limited permission under the Trespass to Property Act? - ANSWER --
where there is a notice given that one or more particular activities are allowed, all
other activities and entries for the purposes are prohibited and any additional notice
that an entry is prohibited or a particular activity is prohibited on the same
premises shall be constructed to be for greater certainty only
How can a method of giving notice be given under the Trespass to Property Act? -
ANSWER -- a notice under this act may be given orally or in writing
- a sign that is clearly visible
- by means of marking system set out in section 7
Are yellow markings sufficient for the purpose of giving notice that entry is
prohibited except for the purchase of certain activities and shall be deemed to be
noticed of the activities permitted? - ANSWER -Yes, yellow markets are sufficient
for giving notice
What consists of an arrest without a warrant off premises under the Trespass to
Property Act? - ANSWER -- where a police officer believes on reasonable and
probable grounds that a person has been in contravention of section 2 and has
made fresh departure from the premises and the person refuses to give his or her
name in address or there are reasonable and probable grounds to believe that the
name or address given is false police officer may arrest the person without a
warrant
What kind of powers do PI's have? - ANSWER -- the same powers as any member
of the public
- DO NOT have police or peace officer powers
, What section of the code describes when it is appropriate for a member of the
public to make an arrest? - ANSWER -- section 494
Under section 494, anyone may arrest without a warrant - ANSWER -- a person
who he finds committing an indictable offence
- a person who on reasonable grounds believes that the person has committed a
criminal offence and is escaping from and freshly pursued by persons who have
lawful authority to arrest that person
The owner of a property may arrest - ANSWER -- without a warrant a person
whom he finds committing a criminal offence on or in relation to that property
What are the three types of offences under the Criminal Code of Canada? -
ANSWER -1. Summary Conviction
2. Hybrid
3. Indictable
Under summary conviction, offenders are subject to a maximum penalty of -
ANSWER -- 6 months imprisonment
- a fine of $5,000.00
Indictable offences, offenders are subject to a minimum of - ANSWER -- one year
imprisonment
What hybrid offences? - ANSWER -- include differing levels of severity
- the crown is given the option to proceed under indictment or summary conviction
based on interpretation of events
Under what offence is the crown given the option to proceed under indictment or
summary conviction? - ANSWER -hybrid offences
In all cases involving a dual procedure offence, the offence is deemed to be held
under what? - ANSWER -- indictment unless otherwise applied by the Crown
Under section 25 of the Criminal Code, a PI is allowed - ANSWER -- like all
members of the public to use as much force as necessary as long as they act on
reasonable grounds
Section 26 of the Criminal Code deals with? - ANSWER -- excess of force
