Chpt. 4

Question 1

What can generally be defined as a system of standards of human conduct that impose obligations, grant corresponding rights and are a system of institutional rules?

Answer 1

Laws.

Question 2

What is the primary heritage of the U.S. legal system, which refers to a traditional body of unwritten legal precedents created through everyday practices and supported by court decisions?

Answer 2

Common law.

Question 3

Persons stealing from businesses or employers are prosecuted using the statutory law of theft, which was based on the common-law tradition of…

Answer 3

Merchant’s privilege.

Question 4

The 4th Amendment gives protection against unlawful searches and seizures and its protection applies to government action. This right was confirmed by…

Answer 4

Burdeau v. McDowell.

Question 5

What type of law is concerned with the structures, powers and operations of a government and the rights and duties of citizens in relation to the government?

Answer 5

Public law.

Question 6

Civil actions that include redress for a legal injury one person has caused another are referred to…

Answer 6

Torts.

Question 7

The standard of proof at trial is different for criminal and civil law. The burden of proof in a civil trial is called…

Answer 7

Preponderance of evidence.

Question 8

A detention is held proper under the shopkeeper’s rule if it is based upon what conditions?

Answer 8

Detention, probable cause, reasonableness, consistency.

Question 9

In most states, a citizen can only make an arrest for a crime committed in her or his presence, and the citizen’s actions must be based on…

Answer 9

The fact that a crime must actually have occurred.

Question 10

The system of law in the United States, in which the prosecution and defense both offer evidence, falls into what category?

Answer 10

Adversarial system.

Question 11

The litigant has the responsibility, called ____, to persuade the trier of fact that the allegations made against the other party to the action are true.

Answer 11

Burden of proof.

Question 12

What word includes all the means by which an alleged fact, the truth which is submitted for scrutiny, is established or disproved?

Answer 12

Evidence.

Question 13

What system is a concept that holds that a business or corporation might prefer to deal with crime using their own internal system and controls instead of the criminal justice system?

Answer 13

Private justice system.

Question 14

The courts have held that the legal authority held by private security personnel is derived from what source?

Answer 14

Their employer.

Question 15

What is the name of the power utilized by private security to arrest an individual who committed a crime in their presence?

Answer 15

Citizens arrest.

Question 16

Private security personnel are not held to the restriction of _____, which governs the public police officer’s procedures.

Answer 16

Constitutional amendments.

Question 17

The term criminal liability means…

Answer 17

Responsibility for criminal action.

Question 18

Private security officers have the same common-law rights as…

Answer 18

Private citizens.

Question 19

In some instances, retail stores have utilized what against shoplifters, which allows them to recover lost revenue and deter future theft?

Answer 19

Civil demand programs.

Question 20

Private security officers are not required to read potential shoplifters what right, prior to questioning about the offense?

Answer 20

Miranda warning.

Question 21

Civil liabilities fall into three categories: intentional tort, negligence, and…

Answer 21

Strict liability.

Question 22

What issue increases the problems of liability for employers because it means they will be legally responsible for the actions of their employees?

Answer 22

Vicarious liability.

Question 23

A business can be held liable under what if he or she knew of any unfitness or
dangerous attributes of an employee that he or she could have reasonably foreseen with the exercise of due diligence?

Answer 23

Negligent hiring.

Question 24

What portion of testifying in court can be the most difficult because the opposing counsel will attempt to discredit your testimony?

Answer 24

Cross examination.

Question 25

Law defines for a society what is proscribed (mandated) and prescribed (forbidden) for each of its members.

Answer 25

True.

Question 26

The primary heritage of the U.S. legal system is derived from the English Common Law System.

Answer 26

True.

Question 27

Law traditionally has been divided into two sections: public law and private law.

Answer 27

True.

Question 28

Public law is concerned with the structures, power, and operations of a government and the rights and duties of its citizens in relation to the government.

Answer 28

True.

Question 29

All states have some form of civil recovery law that allows businesses to recoup their losses.

Answer 29

False.

Question 30

The system of law in which the court investigates the case before it is known as inquisitorial, and is used in the U.S.

Answer 30

False.

Question 31

Evidence is the means by which an alleged fact, the truth of which is submitted to scrutiny, is established or disproved.

Answer 31

True.

Question 32

The distinction between public and private is basic to most countries’ law.

Answer 32

True.

Question 33

Courts have generally determined that private security derives their legal authority from governmental statues.

Answer 33

False.

Question 34

The power of arrest for a private security officer is no different than the arrest power of the average citizen.

Answer 34

True.