Civil Law - Basic Concepts

Question 0

Which title of federal statute defines crimes and offenses?

Answer 0

Title 18

Question 1

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

Answer 1

Civil law

Question 2

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

Answer 2

The legal capacity to contract

Question 3

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

Answer 3

Legal

Question 4

How are contractual agreement enforced?

Answer 4

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

Question 5

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

Answer 5

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

Question 6

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

Answer 6

Express contract

Question 7

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

Answer 7

Implied contract

Question 8

The dollar value stated in the contract

Answer 8

Price

Question 9

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

Answer 9

Reasonable value

Question 10

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?

Answer 10

Binding

Question 11

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

Answer 11

A warranty

Question 12

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?

Answer 12

Monetary damages, to the extent of any “injury”

Question 13

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

Answer 13

A “Limitation of warranty”

Question 14

A willful or negligent wrong done by one person to another

Answer 14

A tort

Question 15

_____ agreement between parties is required for a tort

Answer 15

No

Question 16

What are the three concepts of tort liability?

Answer 16

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

Question 17

What are the two basic elements of intentional tort liability?

Answer 17

1. An act or omission,

2. Which brought about the intended result

Question 18

What are the nine examples of intentional torts?

Answer 18

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

Question 19

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

Answer 19

Negligence

Question 20

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

Answer 20

That of a “reasonable person”

Question 21

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

Answer 21

Security professionals

Question 22

What are the four elements of negligence?

Answer 22

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

Question 23

What is a tort-feasor?

Answer 23

A wrong-doer

Question 24

Generally, the injured party must prove that:

Answer 24

1. The tort-feasor acted negligently, and | 2. The negligent act was the cause of the loss or injury

Question 25

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

Answer 25

Gross negligence or reckless conduct

Question 26

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

Answer 26

Punitive damages

Question 27

Established when one person acts for another

Answer 27

Agency relationship

Question 28

What are the three things agency can be?

Answer 28

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

Question 29

What doctrine means let the master respond?

Answer 29

Respondeat Superior

Question 30

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

Answer 30

Respondeat superior

Question 31

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

Answer 31

The scope of his/her employment

Question 32

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

Answer 32

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

Question 33

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

Answer 33

Non-Delegable duty

Question 34

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

Answer 34

Vicarious liability

Question 35

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

Answer 35

An independent contractor

Question 36

``` Employer may be held liable for the acts of an independent contractor when one of the following exists: 1. 2. 3. 4. 5. ```

Answer 36

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

Question 37

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

Answer 37

Strict liability

Question 38

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

Answer 38

Ultra-hazardous activities or products-liability cases

Question 39

Strict liability is also known under what two terms?

Answer 39

Absolute liability | Liability without fault

Question 40

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

Answer 40

Premises liability for negligence security

Question 41

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

Answer 41

Premises liability for negligence security

Question 42

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

Answer 42

The relationship of the parties

Question 43

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

Answer 43

1. Prior similar incidents | 2. Totality of the circumstances

Question 44

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

Answer 44

Duty was breached

Question 45

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

Answer 45

1. Duty 2. Foreseeability 3. Breach of Duty 4. Causation

Question 46

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

Answer 46

Injunction

Question 47

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

Answer 47

Special damages

Question 48

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

Answer 48

General damages

Question 49

These kinds of damages are to compensate for outrageous behavior

Answer 49

Punitive damages

Question 50

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

Answer 50

Statutory damages