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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:


A) there being at least one witness present who inferred a crime occurred
B) reasonable suspicion that it occurred, even though in fact, no crime occurred
C) the fact that a crime must actually have occurred
D) probable cause that it occurred, even though in fact, no crime occurred

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

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


A) direct examination
B) indirect examination
C) cross examination
D) counsel examination

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A business can be held liable under ______________ 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.


A) negligent hiring
B) strict hiring
C) limited hiring
D) employer negligence

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


A) strict liability
B) negligence
C) intentional tort
D) vicarious liability

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D

When is detention considered to be proper and what conditions must be present as it relates to such crimes as shoplifting?

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Answered by ExamLex AI

Answered by ExamLex AI

Detention is considered to be proper when there is reasonable suspicion that a person has committed a crime, such as shoplifting. In the case of shoplifting, the conditions that must be present for detention to be considered proper include: 1. Reasonable suspicion: Store personnel must have a reasonable belief that the individual has taken merchandise without paying for it. This suspicion should be based on specific observations or evidence, such as witnessing the individual conceal items or attempt to leave the store without paying. 2. Proportionate response: The detention must be a proportionate response to the suspected crime. This means that the level of force used and the duration of the detention should be reasonable and necessary to address the situation. 3. Compliance with store policy: The detention should be conducted in accordance with the store's policies and procedures for handling suspected shoplifters. This may include notifying law enforcement, documenting the incident, and following specific protocols for detaining individuals. 4. Respect for the individual's rights: Throughout the detention process, the individual's rights must be respected. This includes informing them of the reason for the detention, allowing them to present their side of the story, and ensuring that they are treated with dignity and respect. Overall, proper detention in cases of shoplifting requires a careful balance between protecting the store's interests and respecting the rights of the individual suspected of the crime. It is important for store personnel to be knowledgeable about the laws and regulations governing detention and to handle these situations with professionalism and sensitivity.

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?


A) public law
B) private law
C) tort law
D) constitutional law

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

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


A) Miranda v.Arizona
B) Burdeau v.McDowell
C) Terry v.Ohio
D) Gamble v.Dollar General Store

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A detention is held proper under the shopkeeper's rule if it is based upon the following conditions:


A) guilt beyond a reasonable doubt
B) detention, probable cause, reasonableness, consistency
C) guilty knowledge, reasonable suspicion, detention, subjective stop
D) preponderance of the evidence

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B

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


A) causation
B) intentional liability
C) strict liability
D) limited liability

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


A) common law
B) substantive law
C) adjective law
D) torts

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


A) merchants privilege
B) employer privilege
C) business privilege
D) retailers privilege

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


A) police officers
B) private citizens
C) companies
D) courts

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

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


A) their employer
B) constitutional law
C) civil law
D) common law

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What is the private justice system? Discuss why business may opt to use this instead of other methods available to deal with criminal actions against their business.

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Answered by ExamLex AI

Answered by ExamLex AI

The private justice system refers to the...

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A detention does not need to include _________________________.

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


A) criminal procedures
B) civil procedures
C) constitutional amendments
D) Miranda warnings

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The case that established that a search conducted by a private security officer does not violate an individual's 4th amendment rights because this only applies to governmental agents was Mapp v.Ohio.

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