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Legal Aspects > Civil Law - Basic Concepts > Flashcards

Civil Law - Basic Concepts Flashcards

0
Q

Which title of federal statute defines crimes and offenses?

A

Title 18

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1
Q

Statutory and common law in which private rights and remedies are found

A

Civil law

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2
Q

In a contract, both parties must be competent and have what?

A

The legal capacity to contract

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3
Q

In a contract, the subject matter of the contract must be what?

A

Legal

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4
Q

How are contractual agreement enforced?

A

By court action requiring a party to perform it’s obligations or assessment of money damages to compensate injured party for failure of performance of the other party

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5
Q

What are the two ways contractual liability is pertinent to private security?

A
  1. The company providing contract security forces may be liable for breach of contract
  2. The private company which hires its own security employees does so by employment contract with its employees
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6
Q

An actual agreement of the parties, the terms of which are openly uttered or declared ( usually in writing) at the time the contract is made

A

Express contract

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7
Q

An agreement not created or evidenced by the explicit agreement of the parties, but is inferred by law

A

Implied contract

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8
Q

The dollar value stated in the contract

A

Price

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9
Q

The dollar value of goods and/or services determined by a court or arbitrator

A

Reasonable value

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10
Q

Unless a written agreement specifically states that it is the complete agreement between the parties, oral agreements which are not inconsistent with the written terms may well be considered what?

A

Binding

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11
Q

Statement that the goods or services provided are actually as they are described or said to be

A

A warranty

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12
Q

What may a person or entity be entitled to collect if they relied on the warranty in using the services or product if the service or product wanted was not as represented?

A

Monetary damages, to the extent of any “injury”

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13
Q

What is normally included in a warranty contract by security product and service providers?

A

A “Limitation of warranty”

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14
Q

A willful or negligent wrong done by one person to another

A

A tort

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15
Q

_____ agreement between parties is required for a tort

A

No

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16
Q

What are the three concepts of tort liability?

A
  1. Compensate the victim for his/her loss
  2. Act as a deterrent for future conduct of the same kind
  3. Serve as evidence of society’s disapproval of the wrong
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17
Q

What are the two basic elements of intentional tort liability?

A
  1. An act or omission,

2. Which brought about the intended result

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18
Q

What are the nine examples of intentional torts?

A
  1. Battery
  2. Assault
  3. False arrest and false imprisonment
  4. Trespass to land
  5. Trespass to chattels (Conversion)
  6. Fraud/misrepresentation
  7. Defamation
  8. Invasion of privacy
  9. Malicious prosecution
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19
Q

The failure to exercise reasonable or ordinary amount of care in a situation that causes harm to someone or something

A

Negligence

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20
Q

What is the standard used to ascertain whether the conduct constitutes negligence?

A

That of a “reasonable person”

21
Q

Who is the standard of “reasonable person” higher for?

A

Security professionals

22
Q

What are the four elements of negligence?

A
  1. Standard of care,
  2. A breach of the standard,
  3. Proximate cause, and
  4. Harm or injury produced
23
Q

What is a tort-feasor?

A

A wrong-doer

24
Q

Generally, the injured party must prove that:

A
  1. The tort-feasor acted negligently, and

2. The negligent act was the cause of the loss or injury

25
Q

This shows a greater lack of concern for the rights of others than ordinary negligence

A

Gross negligence or reckless conduct

26
Q

What kind of damages are available for gross negligence is shown?

A

Punitive damages

27
Q

Established when one person acts for another

A

Agency relationship

28
Q

What are the three things agency can be?

A
  1. An express appointment
  2. Ratification of actions taken
  3. Permitting one with apparent authority to act
29
Q

What doctrine means let the master respond?

A

Respondeat Superior

30
Q

The employer is responsible for the actions of his employee while the employee is acting in the employer’s behalf

A

Respondeat superior

31
Q

In litigation, the plaintiff must prove that the employees actions were within the scope of what? Thus implying that liability was contingent on whether the employer knew or should’ve known about the alleged act

A

The scope of his/her employment

32
Q

What is the test the relation of the employer to the employee?

A

The right of control and not necessarily the exercise of that right

33
Q

The kind of duties / responsibilities which cannot be delegated to others including an independent contractor

A

Non-Delegable duty

34
Q

The employer is automatically liable for the illegal actions of its employees

A

Vicarious liability

35
Q

Liability for the acts of another maybe avoided if the hiring contract has established relationship of the tort feasor as a what?

A

An independent contractor

36
Q 
Employer may be held liable for the acts of an independent contractor when one of the following exists:
1. 
2. 
3. 
4. 
5.
A
  1. The work contracted for is wrongful per se
  2. The work contracted for is a public nuisance
  3. The work contracted for is inherently dangerous
  4. The act of the independent contractor violates a duty imposed on the employer by contract
  5. The wrongful act by the independent contractor violates the statutory duty
37
Q

A liability that is not dependent upon actual negligence or intent to harm, but is based on the breach of an absolute duty to make something safe

A

Strict liability

38
Q

The concept of strict liability most often applies to what kind of activities or cases?

A

Ultra-hazardous activities or products-liability cases

39
Q

Strict liability is also known under what two terms?

A

Absolute liability

Liability without fault

40
Q

When a party, who is in control of the property or premises, fails to provide reasonable security to those who depend upon such protection

A

Premises liability for negligence security

41
Q

When an invitee is injured by a criminal act such as murder or rape by a third-party and that act occurs on a premises of the business

A

Premises liability for negligence security

42
Q

The key element in determining whether or not the duty may exist depends on what?

A

The relationship of the parties

43
Q

What are the two standards for determining whether the criminal act in question was for seeable?

A
  1. Prior similar incidents

2. Totality of the circumstances

44
Q

An event was for seeable on the property owner had a beauty, and the next element would be to determine whether or not what?

A

Duty was breached

45
Q

What are the four legal concept that apply to premises liability for negligent security?

A
  1. Duty
  2. Foreseeability
  3. Breach of Duty
  4. Causation
46
Q

The courts order to a party to do or to refrain from doing a particular act

A

Injunction

47
Q

This kind of damage is ascertainable as to amount such as medical bills or property loss

A

Special damages

48
Q

These kinds of damages are not ascertainable such as pain and suffering

A

General damages

49
Q

These kinds of damages are to compensate for outrageous behavior

A

Punitive damages

50
Q

These kinds of damages are created, defined, or required by statute

A

Statutory damages

Legal Aspects (14 decks)

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