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The ________________________Act, among other things, requires written notice to
the applicant prior to an investigation by a third party
(Consumer Reporting Agency) - Answer-The FAIR CREDIT REPORTING Act, among
other things, requires written notice to the applicant prior to an investigation by a third
party
(Consumer Reporting Agency)
As a general rule, it is permissible to ask about possible "convictions" but not
"_________" on the employment questionnaire - Answer-As a general rule, it is
permissible to ask about possible "convictions" but not "ARRESTS" on the employment
questionnaire
Civil law is the statutory and common law in which private rights and remedies are
found. Of the 50 titles of the United States Code, _____ deal primarily with civil matters.
- Answer-Civil law is the statutory and common law in which private rights and remedies
are found. Of the 50 titles of the United States Code, 49 deal primarily with civil matters.
_____________ Contract is an actual agreement of the parties, the terms of which are
openly uttered or declared at the time the contract is made.
_____________ Contract is one not created or evidenced by the explicit agreement of
the parties, but is inferred by law. - Answer-EXPRESS Contract is an actual agreement
of the parties, the terms of which are openly uttered or declared at the time the contract
is made.
IMPLIED Contract is one not created or evidenced by the explicit agreement of the
parties, but is inferred by law.
_________ is the dollar value stated in the contract.
_________________ is the dollar value of goods and/or services determined by a court
or arbitrator. - Answer-PRICE is the dollar value stated in the contract.
REASONABLE VALUE is the dollar value of goods and/or services determined by a
court or arbitrator.
In the transportation of goods, recovery of damages may be estopped by a
"_________" clause in the shipping documents (contracts). - Answer-In the
,transportation of goods, recovery of damages may be estopped by a "TIME BAR"
clause in the shipping documents (contracts).
The concept of _______ liability operates to:
-Compensate a victim for his loss
-Act as a deterrent for future conduct of the same kind
-Serve as evidence of society's disapproval of the wrong - Answer-The concept of
TORT liability operates to:
-Compensate a victim for his loss
-Act as a deterrent for future conduct of the same kind
-Serve as evidence of society's disapproval of the wrong
The ________________ of intentional tort liability are:
-An act or omission
-Which brought about the intended result - Answer-The BASIC ELEMENTS of
intentional tort liability are:
-An act or omission
-Which brought about the intended result
Examples of ____________________:
-Battery
-Assault
-False imprisonment
-Trespass to land or to chattels (Conversion)
-Fraud / Misrepresentation
-Defamation
-Invasion of privacy - Answer-Examples of INTENTIONAL TORTS:
-Battery
-Assault
-False imprisonment
-Trespass to land or to chattels (Conversion)
-Fraud / Misrepresentation
-Defamation
-Invasion of privacy
Generally, _______________ security officers are servants, whereas ___________
security personnel are employees of the supplying agency and therefor may not be
considered servants of the employing organization. - Answer-Generally,
PROPRIETARY security officers are servants, whereas CONTRACT security personnel
are employees of the supplying agency and therefor may not be considered servants of
the employing organization.
"Stare Decisis" is: - Answer-The Law of Precedence
Federal statutes provide for ______ classes of felonies ranging is punishment from
imprisonment for a term exceeding one year to death or life imprisonment. - Answer-
,Federal statutes provide for FIVE classes of felonies ranging is punishment from
imprisonment for a term exceeding one year to death or life imprisonment.
Three classes of ___________________:
Class A - One year or less but more than 6 months
Class B - Six months or less, but more than 30 days
Class C - Thirty days or less, but more than 5 days - Answer-Three classes of
MISDEMEANORS:
Class A - One year or less but more than 6 months
Class B - Six months or less, but more than 30 days
Class C - Thirty days or less, but more than 5 days
Federal statutes provide for one class of ____________ for which the penalty ranges
from 5 days or less imprisonment to no authorized penalty. - Answer-Federal statutes
provide for one class of INFRACTION for which the penalty ranges from 5 days or less
imprisonment to no authorized penalty.
______________ - Those crimes which are bad in themselves, ie... Murder, Rape
All Common Law crimes were this. - Answer-MALA IN SE
Those acts which are considered "offenses" by the passage of statutes. Generally no
criminal intent is required; the mere accomplishment of the act is sufficient for criminal
liability. - Answer-MALA PROHIBITA
The body of the crime. The combination of the elements which provide proof of the
crime is the __________________.
Consists of:
Mens Rea (criminal intent)
Actus Rea (the forbidden act)
Coming together of the above two - Answer-The body of the crime. The combination of
the elements which provide proof of the crime is the CORPUS DELICTI.
Consists of:
Mens Rea (criminal intent)
Actus Rea (the forbidden act)
Coming together of the above two
The ________________________ says there must be a cause and effect relationship
between the act of the accused and the resulting harm. In this law, a person is
presumed to intend the natural and probable consequences of his act. But, the accused
takes his victims as he finds him. - Answer-The LAW OF CAUSATION says there must
be a cause and effect relationship between the act of the accused and the resulting
harm. In this law, a person is presumed to intend the natural and probable
consequences of his act. But, the accused takes his victims as he finds him.
_____________ is not an essential part of a crime; it is not part of the corpus delicti. -
Answer-MOTIVE is not an essential part of a crime; it is not part of the corpus delicti.
, Most crimes require the combination of an _____ and an ________, which must be
simultaneous. - Answer-Most crimes require the combination of an ACT and an
INTENT, which must be simultaneous.
"Negligence" differs from "recklessness," in that in __________________, conduct is
governed by the actual state of mind of the accused. - Answer-"Negligence" differs from
"recklessness," in that in RECKLESSNESS, conduct is governed by the actual state of
mind of the accused.
The ________ defense is one of physical impossibility. The testimony of an ________
witness must cover the entire time of the crime. - Answer-The ALIBI defense is one of
physical impossibility. The testimony of an ALIBI witness must cover the entire time of
the crime.
The "__________________" defense is used when one commits a violation of the law
in good faith with a reasonable belief that certain facts existed, which would make the
act innocent if indeed they did exist. - Answer-The "MISTAKE OF FACT" defense is
used when one commits a violation of the law in good faith with a reasonable belief that
certain facts existed, which would make the act innocent if indeed they did exist.
Laws of Arrest
Generally, ___________________ may arrest any person who has committed an
offense in their presence or for a felony not committed in their presence. BUT, the arrest
can be justified only by further showing that the felony was actually committed by the
person arrested. - Answer-Laws of Arrest
Generally, PRIVATE CITIZENS may arrest any person who has committed an offense
in their presence or for a felony not committed in their presence. BUT, the arrest can be
justified only by further showing that the felony was actually committed by the person
arrested.
Search and Seizure
The "____________________" excludes evidence, otherwise admissible, obtained by
methods which violate Constitutional guarantees of the Forth Amendment which
protects an individual in his person and property. - Answer-Search and Seizure
The "EXCLUSIONARY RULE" excludes evidence, otherwise admissible, obtained by
methods which violate Constitutional guarantees of the Forth Amendment which
protects an individual in his person and property.
The "____________________________________" doctrine is that any and all evidence
obtained as a result of an unreasonable search cannot be used against the accused.
Any other evidence obtained as a result of the original unlawful invasion is dubbed the
"tainted fruit of the poisonous tree" and may not be used against the person whose
privacy was violated. - Answer-The "TAINTED FRUIT OF THE POISONOUS TREE"
doctrine is that any and all evidence obtained as a result of an unreasonable search
cannot be used against the accused. Any other evidence obtained as a result of the