Questions Flashcards by Jason Chamness

______ are written questions submitted to a party from his adversary, in order to find answers in the form of writing - that have relevance to the issues in a lawsuit, and are signed under oath.

a. Deposition
b. Disposition
c. Interrogatories
d. Interrogation questions

C. Interrogatories

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Knowing the CA Vehicle Code is important because learning the laws of the road will help you

a. Determine the plaintiff
b. Determine the defendant
c. Determine the party mostly at fault
d. Testify as an expert during litigation involving a traffic collision

C. Determine The Party Mostly At Fault

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The California Department of Insurance public online database holds information of _________

a. Insurance agents and brokers
b. Insurance fraud cases
c. Fugitive recovery agents
d. All of the above

A. Insurance Agents And Brokers

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The best way to serve process in a federal case is _____

a. By reading the Manual of Rules for Associated Process Servers
b. By asking a judge
c. By following state law
d. By following local ordinances

C. By Following State Law

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The defense of ______ is used when the defendant was induced to commit a crime he or she ordinarily would not commit but for the influence of a law enforcement officer

a. Roping
b. Affirmation
c. Entrapment
d. False Entrapment

c. Entrapment

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A _______ is a person or business whom a claim is brought against.

a. Plaintiff
b. Prevailing party
c. Claimant
d. Defendant

d. Defendant

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During formal court procedures, the initial questioning of a witness in a criminal trial by the person who called him or her is known as _________

a. Direct examination
b. Indirect examination
c. Cross examination
d. Re-direct examination

a. Direct examination

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When an attorney attempts to impeach the other party’s witness for the first time, the attorney is said to engage in ________

a. Cross-examination
b. Imputation questioning
c. Re-direct examination
d. Direct examination

a. Cross-examination

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What is one of the last stages in a jury trial?

a. Jury deliberations
b. Negotiations
c. Plea bargain
d. Jury instructions

a. Jury deliberations

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In a trial by judge, when one of the parties in a civil action gives the judge an outline of the evidence he will present and what the evidence will prove, he is said to be engaging in a(n)

a. Opening statement
b. Briefing
c. Judicial conference
d. Hearing of the Evidence

a. Opening statement

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Towards the end of the trial, but before jury deliberations, _________ are given.

a. Negotiation options
b. Pre-settlement options
c. Jury instructions
d. The defendant’s rights

c. Jury instructions

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The ______ court hears matters involving family-related issues such as divorce or child custody.

a. Superior
b. Court of Domestic Affairs
c. Court of Domestic Appeals
d. Supreme

a. Superior

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The US Court of Appeals hears cases from the __________

a. Superior Court
b. District Court
c. Federal Court
d. Supreme Court

b. District Court

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In an effort to “rehabilitate” his or her witness after a cross examination by the prosecutor, the defense attorney is said to engage in ________

a. Direct examination
b. Redirect examination
c. Imputation questioning
d. A process inconsistent with the rules of evidence

b. Redirect examination

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A _______ describes the pre-trial process of an attorney interviewing a person under oath with a court reporter present.

a. Disposition
b. Voire Dire
c. Deposition
d. Declaration hearing

c. Deposition

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You investigate a slow-speed, two vehicle traffic collision. The crash occurred within four car length from the intersection. One of the involved drivers complained of “whiplash” to his neck. On the party claiming whiplash, his vehicle’s front air bag deployed but not the side airbags. What piece of evidence are you more than likely to find on the roadway?

a. A license plate
b. A piece of a taillight
c. Pieces of windshield
d. Glass pieces of an alcoholic beverage container

b. A piece of a taillight

(Note) The author explains whiplash is generally caused by rear-end accidents, and technically both a license plate and a piece of a taillight are correct answers. However, a piece of taillight is a BETTER answer as it is more likely. Author then explains the state exam “is notorious for having the examinee draw a number of inferences based on probability - not necessarily facts or lack thereof.”

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During an administrative hearing, the attorney questioning the other party’s witness can ask questions the impute an answer. This line of questioning is known as ___________

a. Cross-examination
b. An impermissible practice
c. Direct examination
d. An interrogatory

a. Cross-examination

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One of the second steps of a process during a lawsuit is to ________

a. File a complaint
b. File a case
c. Serve a summons
d. Serve a civil warrant

c. Serve a summons

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During a redirect examination by the attorney who hired you, he forgets to ask you a question the would make or break the case. What should you do?

a. Not bring this issue up to the attorney - at least while you are on the stand
b. Request a side-bar conference with the magistrate
c. Raise your hand and ask the court clerk if you could talk about the issue
d. Politely inform the judge that you have more information to discuss.

a. Not bring this issue up to the attorney - at least while you are on the stand

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Which of the following persons are NOT required to be licensed as a private investigator?

a. A person performing a surveillance assignment for a client
b. A retired or former district attorney investigator interviewing a witness
c. A person, who - without compensation - follows a subject and records him.
d. All re required to be licensed as a private investigator

c. A person, - without compensation - follows a subject and records him

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The husband of your client wants an update on his wife’s case. How should you proceed?

a. If the wife has an attorney independent from her husband’s attorney, give the information to the wife’s attorney
b. Refuse to give the husband any information
c. Give the wife limited information on the update
d. Give the wife limited information that does not fall under the spousal privilege

b. Refuse to give the husband any information

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Ten years ago, you finished an investigation for Attorney Bill Jones involving an invasion of privacy lawsuit. Mr. Jones represented Client ABC. The case was settled before trial. During that investigation, you received privileged communication from Client ABC. A new attorney client wants to hire you in a case where they will be representing a client who has filed a sexual discrimination lawsuit against Client ABC. How should you proceed?

a. Ask the new attorney client for legal advice on how to proceed
b. Contact the BSIS Ethics Hotline
c. Refuse to accept the assignment
d. Accept the assignment without directly handling the case; you can have one of your employee investigators handle the case.

c. Refuse to accept the assignment

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The best way for most private investigators to determine the speed of a party involved in a crash is _________

a. By getting an expert opinion
b. By using the formula: Ve2 +30fd
c. By contacting a California Highway Patrol officer
d. By using the formula: 15.5 X 30df and taking the square root of that answer

a. By getting an expert opinion

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________ are used to frame a responsive pleading or a deposition and are done mostly before a deposition

a. Interrogations
b. Discovery
c. Pleadings
d. Interrogatories

d. Interrogatories

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You are working surveillance on a house to determine if a subject lives there. In the middle of your surveillance, you learned that your client has a local restraining order against him on this subject and the real reason for the surveillance is the client wants to harass the subject. What should you do? a. Finish the surveillance per the agreement b. Contact the Bureau of Security and Investigative Services to report the client c. Finish the contract and observe the house from any distance over 100 yards d. Leave immediately and stop working for this client

d. Leave immediately and stop working for this client

You are interviewing a client for a criminal defense case. During the interview, the client tells you that aside from the case you are hired to help him investigate, last week, he killed someone. What should you do? a. Notify the client's attorney b. Stop working for the client c. Contact a local judge for advice d. Place the client under private person's arrest

a. Notify the client's attorney

You are contracted by a criminal defense attorney to help investigate a case where your client was accused of fraud. During your investigation, you learn that your client kidnapped and raped a witness; however, the witness is now safe. The law __________ a. Requires you to maintain confidentiality, however gives you the option of notifying law enforcement authorities if a crime was committed b. Requires you to maintain confidentiality; however, it allows you to notify law enforcement authorities only if a felony crime was committed c. Requires you to report the incident to law enforcement d. Requires you to report the incident to law enforcement within 24 hours

a. Requires you to maintain confidentiality, however gives you the option of notifying law enforcement authorities if a crime was committed

You try to call a witness five times for an interview and he does not answer. What should you do? a. Get a subpoena b. Visit the person's residence or employer c. Try calling every day until you exhausted three weeks of effort d. Contact the phone company and make sure the witness still uses that number

b. Visit the person's residence or employer

Before answering any question on the witness stand, you should NOT ______ a. Answer the question immediately b. Take a brief pause c. Make eye contact with the jury d. Tell the truth

a. Answer the question immediately

Which of the following is an example of dissuading or influencing a witness a. Accusing a witness of not telling the truth b. Hiding physical evidence from the police c. Giving a witness tickets to a baseball game scheduled the same day as the trial d. Lying to a witness to get her to tell the truth

c. Giving a witness tickets to a baseball game scheduled the same day as the trial

Whom must you contact if your employee is injured on the job as a result of being stabbed in the lung? a. A workers' compensation attorney b. The Bureau of Security and Investigative Services (BSIS) c. The Division of Occupational Safety and Health d. The local law enforcement agency

c. The Division of Occupational Safety and Health (CAL/OSHA) (Note): Within 8 hours, and to contact BSIS within 7 days if your employee caused bodily injury to another person.

A death record can be obtained through _________ a. The county recorder's office b. The county clerk's office c. The county comptroller's office d. The county record's office

a. The county recorder's office

You need to serve a subpoena duces tecum on a doctor's office. What should you do? a. Consult with the attorney who hired you b. Serve the custodian of records c. Serve the office manager d. Serve the medical doctor

b. Serve the custodian of records

A new investigator of yours is tasked with finding the employee who steals from his employer. Your investigator is unable to find the suspect-employee. What should you do? a. Discipline you investigator with a written reprimand b. Terminate your investigator c. End the assignment d. Consider training or retraining your investigator

d. Consider training or retraining your investigator

During the middle of an interrogation, the subject tells you "I don't want you to record me anymore." What should you do? a. Turn the recorder off, continue the interrogation, and take good notes b. Ask the subject why and if there is a good reason, then shut the recorder off c. Keep recording, but contact an attorney for advice d. Terminate the interrogation

a. Turn the recorder off, continue the interrogation, and take good notes

The Penal Code section that states "Any person, except those specifically referred to in Section 1070 of the Evidence Code, who, knowing he is not authorized by law to receive a record or information obtained from a record, knowingly buy, receives, or possesses the record or information is guilty of a misdemeanor," usually refers to someone who is trying to obtain what type of information? a. Records from a P.O.S.T background investigation b. License plate reader data c. Information from a cable or satellite corporation d. A "rap sheet"

d. A "rap sheet" (aka criminal offender record information)

If you have a commercial DMV account and you release driver history, you can be fined up to $100,000 and have your commercial account privileges revoked or suspended for up to five years. This statement refers to you, when you release or intend to release driver history information to _______ a. A licensed private investigator b. Any person not authorized or specified in a requester code application c. Any third party d. All of the above

b. Any person not authorized or specified in a requester code application

To get "credit header" information, you need _________ a. A signed release from the subject b. An oral release from the subject c. Permission from a database company specializing in these types of systems d. A search warrant

c. Permission from a database company specializing in these types of systems

To get a credit report, you normally need ________ a. A signed release from the consumer b. A written release from the consumer c. A search warrant d. A business necessity for a legitimate purpose

b. A written release from the consumer

You just finished getting a written statement by a witness. When you leave, you notice that the statement contained some factual errors. What should you do? a. Submit the report "as is" b. Correct the errors for the witness and submit it to your attorney-client c. Have the witness write a statement on what the correct version of the facts are, explain the other statement had factual errors, and the reason for the errors. Submit the incorrect and correct version to your attorney-client. d. Consult with the local bar association

c. Have the witness write a statement on what the correct version of the facts are, explain the other statement had factual errors, and the reason for the errors. Submit the incorrect and correct version to your attorney-client

You are reviewing an affidavit. To you, the affiant's signature appears altered. The first thing you should do and the least expensive is __________ a. Contact the notary public and request to examine his/her notary journal b. Hire a questionable documents expert to review the signature c. Compare the suspect signature with and exemplar signature d. Contact the Federal Bureau of Investigation

a. Contact the notary public and request to examine his/her notary journal

The ________ allows you to carry a firearm on duty a. Department of Justice b. Attorney General c. Local law enforcement agency d. Bureau of Security and Investigative Services (by statutory authority of the BPC)

d. Bureau of Security and Investigative Services (by statutory authority of the BPC)

When you document evidence in chronological order and show the date and time the item was collected and by whom, you are using what type of system? a. Evidence logging b. Chain of custody c. Preservation of Evidence d. Custodial collection of evidence

b. Chain of custody

When you induce someone into doing something they ordinarily would not do but for the events that you put into motion, you are engaging in what type of practice? a. Entrapment b. Civil entrapment c. Witness tampering d. Roping

d. Roping

What is the best way to find out if someone lives in a particular house? a. Go to the nearest utility company and file a Public Records Act Request b. Use a database search c. Contact the subject's neighbors d. Contact the local mail carrier

c. Contact the subject's neighbors

The best way to re-create a traffic collision is by ________ a. Hiring an expert b. Examining all relevant physical evidence and re-interviewing all witnesses c. Asking a traffic officer for his opinion d. Reviewing the traffic collision report

a. Hiring an expert

What is the best way to interview someone with a behavioral health issue? a. Speak to him or her quickly b. Speak to him or her as you would anyone else c. Speak to him or her next to a psychiatrist d. Speak to him or her over the phone

b. Speak to him or her as you would anyone else

If a suspect runs away from you, you should ________ a. Pursue him or her until the end of your client's property line b. Let him or her get away c. Contact BSIS d. Pursue him on or off the client's property

b. Let him or her get away

A criminal defense strategy for someone accused of ________ is that the defendant backed out of an agreement to commit a crime and took every reasonable effort to thwart the success of that crime a. Solicitation b. Accessory before the fact c. Conspiracy d. Aiding and abetting

c. Conspiracy

The best way to find someone's bank account is through ________ a. Pretexting b. Obtaining a subpoena duces tecum or writ of execution and serving all banks in the subject's area of residence or business c A search warrant d. The Department of Justice

b. Obtaining a subpoena duces tecum or writ of execution and serving all banks in the subject's area of residence or business

The best way to tag evidence is by creating a label with your name, signature, license number, case number, contents, date, time, and ________ a. The place where you found the evidence b. The evidentiary value of the item found c. The client's name d. The client's signature

a. The place where you found the evidence

Which of the following persons would make the better witness? a. Someone who talked to another person who witnessed the event on surveillance video b. Someone who will testify based on another's perception c. Someone who had been an intoxicated person, but who had first-hand knowledge of an event d. Someone who has a record of lying

c. Someone who had been an intoxicated person, but who had first-hand knowledge of an event

The best way to search for a property record is by entering a name, address, and ________ a. Zip code b. Telephone number c. Property ID number d. Parcel number

d. Parcel number

If a sworn arson investigator wants to read your report, you should ________ a. Refuse b. Consult with your client for permission c. Give the investigator a redacted version of your report d. Contact the Bureau of Security and Investigative Services

b. Consult with your client for permission

Any person who uses ________ to look into the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside, is guilty of a crime. a. Binoculars b. A camera c. A cell phone d. All of the above

d. All of the above

The best way to investigate elder abuse inside an adult care facility in cases where the victim has a problem remembering details, is first by ________ a. Interviewing the adult care staff b. Interviewing the director c. Interviewing the victim d. Contacting the local police agency

c. Interviewing the victim

After you finish a declaration, the witness refuses to sign it. What should you do? a. Ask the attorney who hired you for assistance b. Sign for the witness, but place the word "refused" on the signature line c. Contact the judge d. Tell the witness he or she should receive a subpoena shortly

d. Tell the witness he or she should receive a subpoena shortly

What is the better business practice when interviewing a juvenile? a. Notify the parents or get their permission b. Do not interview them c. Encourage the parents to listen in on the interview even if they are accused of wrongdoing d. Interview the juvenile with an investigator of the opposite sex

a. Notify the parents or get their permission

A subject sends an email to three different co-workers. The email contains untruthful and embarrassing information. Which type of tort is this? a. Slander b. Harassment c. Libel d. Slander and libel

c. Libel

You finish interviewing an employee in an employer theft case and you leave the door wide open. The employee confesses to stealing. The confession is corroborated by other evidence. The manager walks by, overhears your conversation, and yells "thief!" The remark was directed at the employee. What type of tort was committed by the manager? a. Discrimination b. Libel c. Slander d. There is no violation of law

d. There is no violation of law

You try to interview a person on an important civil case. The witness tells you "I'm not talking to you." How should you proceed? a. Leave b. Blurt out the question you want answered c. Contact law enforcement for assistance d. Contact your attorney-client

b. Blurt out the question you want answered

What is the best way to find someone who left a forwarding address? a. Visit the previous address b. Contact the US Postal Service c. Contact the utility company d. Contact the subject's former neighbors

b. Contact the US Postal Service

During a two-vehicle crash, Party #1's vehicle rear-ended Party #2's vehicle. Party #2 fled the scene after discovering Party #1 died. Which party is likely at fault for the crash? a. Party #1 b. Party #2 c. Party #1 and Party #2 d. All are equally at fault for the crash

a. Party #1

When drafting a diagram for a traffic collision with injuries, you should draw the diagram ________ a. To scale b. To 1/10th scale c. To 1/20th scale d. Not to scale with that disclaimer

d. Not to scale with that disclaimer

Most of the time, during a traffic collision diagram, the north arrow points ________ a. Towards the top of the page b. Towards the bottom of the page c. Towards the left of the page d. Towards the right of the page

a. Towards the top of the page

What type of lens tends to distort the apparent physical relationships between objects? a. Zoom lens b. Macro lens c. Telephoto lens d. Wide-angle lens

d. Wide-angle lens

In a traffic collision investigation, to show the passenger's perspective of the event, you should take photos ________ a. Left to right b. From the passenger's seat c. Right to left d. From a bird's-eye perspective

b. From the passenger's seat

You arrive at the scene of an arson that occurred to a business. The county arson investigators cleared the scene. Inside the scene, you find a pillar with a burn pattern that has an irregular shape similar to when liquid is poured onto something. You walk around to the public alley and find a red container of gasoline that was tossed inside the trash can. The container is empty. What should you do? a. Contact an attorney for advice b. Collect the container for evidence c. Bring the container to the county arson department d. Stay at the scene and call the arson investigators who left the scene to see if they are interested in collecting the container

d. Stay at the scene and call the arson investigators who left the scene to see if they are interested in collecting the container

You respond to a vehicle crashed against a tree located on private property. You represent the insurance company of the driver. The CHP has left the scene. The scene is windy. A witness tells you that before the crash, the driver was rearranging a Christmas tree air-freshener hanging from the rear-view mirror. You find the air-freshener left on the ground at the scene. What should you do? a. Collect the air-freshener as evidence using customary collection methods and using the chain-of-custody b. Ask an attorney for advice c. Bring the air-freshener to the CHP d. Do not collect the air-freshener

a. Collect the air-freshener as evidence using customary collection methods and using the chain-of-custody

According to Penal Code § 141 (a), a person (not a peace officer) who knowingly, willfully, intentionally, and wrongfully alters, modifies, plants, places, manufactures, conceals, or moves any physical matter, digital image, or video recording, with specific intent that the action will result in a person being charged with a crime or ________ a. With the specific intent that the physical matter will be wrongfully produced as genuine or true upon a trial, proceeding, or inquiry, is guilty of a misdemeanor b. With the general intent that the physical matter will be wrongfully produced as genuine or true upon a criminal offense, is guilty of a felony c. With the general intent that the physical matter will be wrongfully produced as genuine or true upon a civil trial, proceeding, or inquiry, is guilty of a misdemeanor d. With the general intent that the physical matter will be wrongfully produced as genuine or true upon an administrative investigation, proceeding, or inquiry, is guilty of a crime

a. With the specific intent that the physical matter will be wrongfully produced as genuine or true upon a trial, proceeding, or inquiry, is guilty of a misdemeanor

Willfully destroying or concealing evidence is a misdemeanor crime under Penal Code § 135. This crime applies to books, papers, records, instruments in writing or other matters or things, about to be ________ a. Produced in evidence to any law enforcement agency, with the intent that agency not be able to use it for analysis b. Produced in evidence upon any trial with the intent to use the evidence in any case c. Produced in evidence upon any inquiry, authorized by law, with the intent to prevent it from being produced d. Produced in evidence upon any trial, inquiry, or investigation, authorized by law, with intent to prevent it from being produced

d. Produced in evidence upon any trial, inquiry, or investigation, authorized by law, with intent to prevent it from being produced

According to Penal Code § 137, every person who gives or offers, or promises to give, to any witness, person about to be called as a witness, or person about to give material information pertaining to a crime to a law enforcement official, any bribe, upon any understanding or agreement that the testimony of such witness or information given by such person shall be thereby influenced is guilty of a ________ a. An infraction b. A misdemeanor c. A felony d. None of the above

c. A felony

After you take an oath and testify to a false statement, knowing the statement is false, you can be found guilty of _________ a. Insubordination, a felony b. Perjury, a felony c. Nothing d. Witness intimidation and perjury, both felonies

b. Perjury, a felony (Penal Code § 118)

When you knowingly and maliciously prevent or dissuade any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law, per Penal Code §136.1, you engage in an unlawful practice known as ________ a. Evidence tampering b. Pretexting c. Badgering d. Witness intimidation or dissuasion

d. Witness intimidation or dissuasion

An attorney hands you a brochure for her law firm. She tells you to go to every traffic collision scene and hand out the brochures. You should ________ a. Refuse b. Have one of your employees pass out the brochures c. Contact the state bar association d. Pass out the brochures only at scenes where there are injuries

a. Refuse (Business & Professions Code §7539 (i) prohibits a licensee...from knowingly and directly soliciting employment from any person who has directly sustained bodily injury...)

If you wanted to know how much a business is worth, you should ________ a. Consult with a real estate agent b. Visit the county clerk's office c. Ask the subject's neighbors d. Determine the business's sales, cash flow, profits, and assets on file at the county assessor's office

d. Determine the business's sales, cash flow, profits, and assets on file at the county assessor's office

If a private investigator uses her retired Alcohol Tobacco Firearms and Explosives Agent Identification Card in the performance of her duties, she ________ a. May risk her license being suspended or revoked b. May risk an $11,000 fine c. May receive a $5,000 fine d. May risk having her license revoked

a. May risk her license being suspended or revoked [BPC §7561.1 (b) allows BSIS to suspend or revoke the license if found guilty of § 7539 (d) - or any other violation of the Private Investigators' Act]

What is the first thing you should do before you place someone under arrest? a. Make sure you have a penal code book available b. Make sure your transport vehicle is in good working order c. Make sure you have an appropriate booking facility d. Make sure you tell the person you are placing them under arrest, the reason, the authority (private person's arrest), and if he/she asks, explain the charge(s)

d. Make sure you tell the person you are placing them under arrest, the reason, the authority (private person's arrest), and if he/she asks, explain the charge(s) (Penal Code § 841)

After placing someone under arrest, you should contact law enforcement ________ a. After you are done processing the prisoner b. Within 30 minutes c. Within 60 minutes d. Immediately

d. Immediately

You, as a private investigator, may arrest another for a misdemeanor or felony crime, However, the difference between being able to arrest someone for a misdemeanor versus a felony is that ________ a. You must seek permission from the local law enforcement agency for any felony arrest; whereas for a misdemeanor, you do not b. In a felony arrest, the crime does not have to occur in your presence as long as you have reasonable cause for believing the person arrested committed the offense, whereas a misdemeanor arrest requires the offense be committed or attempted in your presence c. In a felony arrest, the crime must occur in your presence and you must have a reasonable basis for believing the person arrested committed the offense, whereas a misdemeanor arrest requires the offense be committed or attempted in your presence d. In a felony arrest you must seek pre-approval from the local county prosecutor's office. A misdemeanor arrest does not require pre-approval

b. In a felony arrest, the crime does not have to occur in your presence as long as you have reasonable cause for believing the person arrested committed the offense, whereas a misdemeanor arrest requires the offense be committed or attempted in your presence

Which of the following is not a "rule," per se, but a generally followed business practice regarding the use of audio recorders? a. You can audio record someone in a public place without their permission. However, once the subject is engaging in a conversation in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation, you must shut the audio off b. You need to get the person's permission to audio record in most public places, even if they do not have a reasonable expectation of privacy c. You should avoid audio recording in most circumstances d. You can audio record someone in malls, retail stores, and parking lots, or any other place open to the public

a. You can audio record someone in a public place without their permission. However, once the subject is engaging in a conversation in which one of the parties has an objectively reasonable expectation that no one is listening in or overhearing the conversation, you must shut the audio off

Which of the following is not a "rule," per se, but a generally followed business practice regarding the use of video recorders or taking pictures? a. You are not allowed to record video or capture images in public places b. You are able to record video or capture images in private and public places c. You are able to record video or capture images in public places d. You are able to record video or capture images, only in shopping centers, parks, or parking lots

c. You are able to record video or capture images in public places

According to California Civil Code § 1708.8, if you knowingly enter onto the lands of another person without permission or otherwise committed a trespass in order to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person, you can be held liable for ________ a. Trespassing b. Unfair and Deceptive Practice(s) c. Invasion of Privacy d. Negligent Infliction of Emotional Distress

c. Invasion of Privacy

You are working a surveillance operation from a public street and the subject is mowing her front lawn located inside a chain-linked fenced area. Your client needs evidence of the subject performing a physical activity. What should you do? a. Take pictures of the subject b. Do not take pictures of the subject - instead, take detailed notes c. Take only one picture of the subject d. Approach the subject and ask for her permission to take pictures

a. Take pictures of the subject

As a private investigator, not incidental to an investigation, in order to protect people, places and property, you need ________ a. An incidental investigation that immediately requires the protection of places, persons, and property b. Probable cause c. Pre-approval through BSIS d. A private patrol operator license

d. A private patrol operator license (BPC §7521.5 (a), a private investigator may provide services to protect a person, but not property, which is incidental to an investigation for which the private investigator has been previously hired to perform.)

What do you need in order to qualify for a basic DMV commercial account? a. Show probable cause and pay a $50 filing fee every two years b. Show probable cause, have a paper shredder, a locked file cabinet and pay a $250 filing fee every two years c. Show a legitimate business need and pay a $50 filing fee every year d. Show a legitimate business need and pay a $50 filing fee every other year

d. Show a legitimate business need and pay $50 filing fee every other year

With a basic DMV commercial account, the DMV will provide ________ a. The name of the registered and lien holder as well as insurance information b. Traffic citation history c. Model of the vehicle d. License plate number and color of the vehicle

b. Traffic citation history

If you want DMV residence information, what do you need to do? a. Show a legitimate business need, file a bond of $50,000, and pay a $250 filing fee every two years b. Show a legitimate business need, file a bond of $250.000. and pay a $500 filing fee every two years c. Show a legitimate business need, have an insurance policy of at least $50,000, and pay a $250 filing fee every two years d. Show a legitimate business need, have an insurance policy of at least $25,000, and pay a $500 filing fee every two years

a. Show a legitimate business need, file a bond of $50,000, and pay a $250 filing fee every two years

Your employee gets into a shooting and he is shot. Both your employee and the suspect survive the confrontation. You must notify ________ a. The corner's department, local law enforcement, BSIS, CAL/OSHA, and your defense attorney b. The local law enforcement agency, CAL/OSHA, and BSIS c. The local law enforcement agency, State Marshall's office, and BSIS d. The state law enforcement agency, State Marshall's office, CAL/OSHA, and BSIS

b. The local law enforcement agency, CAL/OSHA, and BSIS

The jury was just dismissed. You tried to talk to five jurors, but all refused to talk to you. There are two more jurors in the parking lot about to enter their vehicles to leave. Both of them - just like the other five - do not want to talk to you. What should you do? a. Make a private person's arrest for failing to obey a lawful order b. Call your attorney-client for advice c. Leave them alone d. Tell them that if they don't want to talk to you, you will try to get a subpoena

c. Leave them alone

In order to interview a juror following the discharge of a case, what do you need? a. The juror must consent and the discussion must take place at a reasonable time and place b. A subpoena or other written permission from the judge c. All parties to the litigation must consent d. The juror's representative must consent and the discussion must take place inside or near the court's property

a. The juror must consent and the discussion must take place at a reasonable time and place

Other than licensed private investigators, government employees, or court officials, if you make less than ________ process serves a year, you do not need to register with the county clerk's office as a registered process server a. 12 b. 11 c. 9 d. 10

b. 11 (BPC § 22350 (a), note: (b) This chapter shall not apply to any of the following: (4) A licensed private investigator or his or her employees.)

Where is the best place to find a Uniform Commercial Code Financing Statement? a. The Attorney General's Office b. The U.C.C. Office of Business Inquiries c. The Secretary of State d. The Office of Financial Statements

c. The Secretary of State

Which of the following is the most efficient place to gather evidence of a criminal record? a. Attorney General's Office b. California Department of Justice c. Local courthouses d. Local police agencies

c. Local courthouses

The ________ Act prevents the private investigator from pretexting financial institutions to gather confidential consumer data a. Gramm-Leach-Bliley b. Pretextual Act of 1984 c. Executive Order 1852 d. Graham-Lyons-Bailey

a. Gramm-Leach-Bliley

During a traffic collision, generally, which part of a vehicle's window is likely to shatter? a. Side windows b. Rear window c. Front windshield d. Rear view mirror

a. Side windows

If you respond to a traffic collision and find pieces of vehicle glass laminated together, the glass most likely came from the ________ a. The side window b. Headlamp c. Rear window d. Front windshield

d. Front windshield

What type of vehicle collision is mostly likely to produce pieces of laminated glass stuck together? a. Side impact b. Vehicle versus small animal c. Rollover d. Non-injury

c. Rollover

During a traffic collision, debris such as glass or other fragments generally move ________ a. In the direction of the force b. Opposite side of the force c. In the air d. In a downward angle

a. In the direction of the force

A private investigator who uses his retired welfare investigator badge in the performance of his duties can be punished by ________ a. Suspension of his license b. Revocation of his license c. Suspension of his license and criminal charges for impersonating a peace officer d. Suspension or revocation of his license and criminal charges for impersonating a peace officer

d. Suspension or revocation of his license and criminal charges for impersonating a peace officer

When can a private investigator work in another state? a. During the course of an investigation that leads to the other state and when the other state has reciprocal authority for California licensees b. At no time c. During fraud or kidnapping cases involving California and the other state d. When the private investigator gets written permission from the director of BSIS

a. During the course of an investigation that leads to the other state and when the other state has reciprocal authority for California licensees

If a private investigator is allowed by the BSIS director to work in California from a case originating from the licensee's state, the private investigator can work in California for a period of ________ days a. 30 b. 20 c. 14 d. 60

d. 60

If delivery of mail to the primary place of business is unavailable or ________, a private investigator can list a P.O. Box as her primary address a. When a private investigator was a sworn peace officer b. When a private investigator does not have a business address or any address other than their home address c. The private investigator's live is in danger d. The private investigator or his/her immediate family member's life is in imminent danger

b. When a private investigator does not have a business address or any address other than their home address

A private investigator who tries to get work directly from accident victims is said to engage in ________ a. A lawful act called ambulance chasing b. An unlawful act known as solicitation of employment c. An unlawful act known as ambulance chasing d. A lawful act know as pretexting

c. An unlawful act known as ambulance chasing

A private investigator needs to serve a summons in a gated community. The gate guard refuses the investigator entry. What should the private investigator do? a. Leave and try again b. Leave the summons on the gate c. Serve the gate guard d. Mail the summons to the person who needs to be served

c. Serve the gate guard Cal. Code of Civil Procedure § 415.20 (b) allows substitute service on a "competent member of the household," after papers cannot be served >>>after due diligence<<< In Bein v. Brechtel-Jochim Group, Inc. (1992) the court agreed that the security guard denying access at the gate became the de facto competent member of the household.

Where would you go, if someone has a business in the City of Fresno or City of San Diego and you needed information on their fictitious business statement? a. City clerk b. County recorder c. County registrar d. State controller's office

b. County recorder

A private investigator needs to serve a summons on a subject. Each time, the subject refuses to appear at the door. On the fourth attempt, the subject's older brother answers. What is the best thing to do? a. Give the older brother your business card and tell him that his brother needs to contact you b. Leave and try a fifth time c. Mail the summons to the subject d. Give the summons to the older brother for him to give to the subject

d. Give the summons to the older brother for him to give to the subject

A private investigator needs to serve a summons in a gated community. The investigator does not have a passcode to enter. Legally and economically for the client, what is the investigator's best option? a. Force open the passcode box, try to manipulate the system into opening the gate, and serve to subject b. Have the local sheriff's department serve the summons c. Climb the fence, locate the subject's residence, and serve him d. Force open the gate, locate the subject's residence, and serve him

c. Climb the fence, locate the subject's residence, and serve him

A private investigator is hired by a lawyer. The lawyer needs the private investigator to interview a client for the purposes of helping him investigate a civil claim. The discussions between the investigator and client are ________ a. Considered hearsay and may or may not be admissible in court b. Considered confidential under the investigator-client privilege c. Considered open to discovery under the attorney-client privilege d. Considered confidential under the attorney-client privilege

d. Considered confidential under the attorney-client privilege

The law that prevents hospitals or other medical providers from disclosing medical records to private investigators is called the ________ a. Physician-client privilege b. Health Insurance Portability and Accountability Act c. Health Information Privacy and Accounting Act d. Bailey-Leech Act

b. Health Insurance Portability and Accountability Act

In which of the following circumstances, would you be likely able to install a hidden surveillance camera? a. Never b. Your client's father is in a senior-assisted living home, he routinely gets bed sores, and there is some evidence that his sores are linked to negligence by the staff c. Whenever you have prior permission from a law enforcement investigator d. Your client's father passed away in a senior-assisted living home

b. Your client's father in is a senior-assisted living home, he routinely gets bed sores, and ther is some evidence that his sores are linked to negligence by the staff

In which of the following circumstances, would the law probably allow you to use a pair of binoculars to keep a continued observation? a. Your subject is a member of your gender preference and he/she is on a public beach wearing a swimsuit b. Your subject left the family room and just entered a bedroom inside his residence c. Your subject entered a bathroom d. Your subject entered a hotel room and through the window, you see him about to change his T-shirt

a. Your subject is a member of your gender preference and he/she is on a public beach wearing a swimsuit

In general terms, which of the following is true regarding giving an employee a polygraph exam? a. In most circumstances, the employee must consent to a polygraph exam b. For a public employer, the employer can compel its applicant and/or employees to submit to a polygraph exam c. The employee has a right to hire his own polygraph technician d. The employer must pay 85% of the price of administering a polygraph, while the employee pays 15%

a. In most circumstances, the employee must consent to a polygraph exam

Which of the following is true regarding the admissibility of polygraph evidence in a court of law? a. Criminal and civil courts will allow polygraph evidence to be submitted into evidence of the case involves a capital offense b. Civil courts will allow polygraph evidence while criminal courts do not (without defendant's consent) c. Criminal and civil courts will allow polygraph evidence as long as one of the parties agree d. Most polygraph evidence is admissible in civil or criminal court, as long as the polygraph technician is certified by the American Polygraph Association

b. Civil courts will allow polygraph evidence while criminal courts do not (without defendant's consent)

Evidence from hypnosis is admissible in court _________ a. Never b. Only one time during the case c. When the witness was able to recollect the events, there is documentation of this recollection, and the witness was hypnotized prior to trial d. If the witness was born in the United States

c. When the witness was able to recollect the events, there is documentation of this recollection, and the witness was hypnotized prior to trial (Cal. Evidence Code § 795 (a), the testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the purpose of recalling events which are the subject of the witness's testimony, if all of the following conditions are met: (1) The testimony is limited to those matters which the witness recalled and related prior to the hypnosis (2) The substance of the pre-hypnotic memory was preserved in written, audiotape, or videotape prior to the hypnosis (3) The hypnosis was conducted in accordance with all of the following procedures: (a) A written record was made prior to hypnosis documenting the subject's description of the event, and information which was provided to the hypnotist concerning the subject matter to the hypnosis.)

According to Government Code § 6254 (f), when someone is arrested by a law enforcement agency, records such as the full name of the arrestee, the charges, location of arrest, arrestee's birth day, charges, and factual circumstances surrounding the arrest, are disclosable through a public records request, ____________ a. At all times b. Unless the disclosure would endanger the safety of a witness or other person involved in the investigation or unless disclosure would endanger the successful completion of the investigation or a related investigation c. Within 24 hours d. Upon arrival of the on-duty watch commander

b. Unless the disclosure would endanger the safety of a witness or other person involved in the investigation or unless disclosure would endanger the successful completion of the investigation or a related investigation

Under a Freedom of Information Act Request, which of the following are generally off-limits to a private investigator? a. All are off-limits b. Inter-agency memoranda c. Personnel files d. Internal personnel rules and regulations

a. All are off-limits United States Code § 552 (b) lists exemptions from disclosure

What is recommended in order to place a GPS tracker on a vehicle? a. The client's permission b. One of the registered owners' permission c. Reasonable cause a civil or criminal violation has occurred and a GPS unit will aid in investigating the matter at issur d. The permission from all registered owners

d. The permission from all registered owners

You are working on a rolling vehicle surveillance. The most effective and cost-effective way to follow the subject vehicle in "light" traffic is by __________ a. Driving behind the subject's vehicle but to the left lane b. Driving directly behind the subject's vehicle c. Driving behind the subject's vehicle but to the right lane d. Driving at least three car lengths behind the subject's vehicle

c. Driving behind the subject's vehicle but to the right lane

You are following the target vehicle while driving on Broadway Avenue approaching the intersection at Second Street. You are distracted by your cell phone and when you look up, the light at the intersection is a steady red light. You lose sight of the vehicle. The vehicle most likely _________ a. Drove straight ahead b. Made a left turn c. Made a U-turn d. Made a right turn

d. Made a right turn

In a rolling surveillance, you lose the target vehicle. What should you do? a. Contact the client and ask him for advice b. Go to the subject's residence c. Review your pre-surveillance notes and visit places frequented by the subject at the hour in question d. Go to the subject's employer

c. Review your pre-surveillance notes and visit places frequented by the subject at the hour in question

You are following a vehicle in a highly-congested area in San Francisco. How close should you follow the target? a. Directly behind the vehicle b. One and one-half vehicle lengths behind the vehicle c. Directly behind the vehicle but one lane to the right d. Directly behind the vehicle but one lane to the left

a. Directly behind the vehicle

Your client hires you to look through a competitor's trash can in an attempt to locate evidence the the competitor stole trade secrets. Which body of law(s) govern how you carry out this assignment? a. Local county or city ordinances b. The Vehicle Code c. The Penal Code and local or county ordinances d. The BPC

c. The Penal Code and local or county ordinances

You are in California and you want to record a telephone conversation between you and someone in Texas. What do you need in order to carry out your assignment? a. An arrest warrant b. Your consent or your client's consent c. Your consent and the subject's consent d. Probable cause that the subject is likely going to disclose pertinent information to the case at issue

c. Your consent and the subject's consent | Cal Penal Code § 632

You are working a criminal defense case. Considering Penal Code § 11105 (b) (9), the best way to get someone's criminal "rap sheet" is through ________ a. A sworn peace officer b. The attorney representing the defendant c. The Attorney General or Department of Justice d. The state database known as "Criminal Offender Registry"

b. The attorney representing the defendant

You are investigating grand theft from an employer that involved the theft of over $22,000 in merchandise over the course of two years. The last part of the theft occurred last week. You search the employee's locker and find all of the merchandise inside the employee's locker. The employee admits to stealing all the items. Neither you, nor the employer, witnessed the theft. What of the following are true? a. The employer or you can place the employee under private person's arrest b. The employer can place the employee under private person's arrest c. Only you can place the employee under private person's arrest d. Only a police agency can place the employee under arrest

a. The employer or you can place the employee under private person's arrest [Penal Code §837 (2) (3)]

While drafting an invoice, you should include the date of service, rate of payment, time expended, reimbursable expenses, and most importantly, __________ a. The type of work performed b. Your private investigator license number c. Your phone number d. Your email address

a. The type of work performed

What is the limit of the number of licensees you can work as a qualified manager? a. One b. Five c. Three d. Four

b. Five

Chain of custody refers to the ________ documentation, showing the seizure, custody, control, transfer, analysis, and disposition of evidence a. Chronological b. Protocol c. Originating d. Direct

a. Chronological

Among other things, an evidence tag should contain the name of the investigator who found the evidence, the location where the evidence was found, the date and time the evidence was located, the case number, type of crime or tort, who the evidence was received from and the date/time of that transfer, and __________ a. Your private investigator license number b. Your business address c. A description of the evidence d. Your client's name

c. A description of the evidence

If you give someone the false impression that you're a licensed private investigator, then you're guilty of _________ a. A misdemeanor that is punishable by a fine of $5,000 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment b. A misdemeanor that is punishable by a fine of $2,000 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment c. A misdemeanor that is punishable by a fine of $7,500 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment d. A misdemeanor that is punishable by a fine of $10,000 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment

d. A misdemeanor that is punishable by a fine of $10,000 or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment BPC § 7523 - Advertising or performing services without a license is punishable by a fine of $5,000 and/or by imprisonment in a county jail for no more than one year. However, if you falsely induce someone into believing you're licensed, you're liable for and additional $5,000 totaling $10,000

The ________ is where you can go to get a copy of a birth certificate a. County registrar b. County clerk c. County recorder d. City clerk

c. County recorder

What part inside of a county recorder's office would you go to if you needed a copy of a death certificate? a. Death Certificate Department b. Vital Records Department c. Coroner's Department d. Death Record Department

b. Vital Records Department

A mortgage is recorded at the _________ a. County registrar b. County clerk c. County recorder d. City clerk

c. County recorder

Which department is responsible for locating, valuing, and enrolling all taxable business personal property including property (owned and leased) such as computers, supplies, furniture, machinery, and equipment as well as mobile homes, airplanes, and boats? a. Secretary of State b. County Assessor c. County Recorder d. County Business Department

b. County Assessor

A dissolution of marriage record is held at the ________ a. Superior Court b. County Clerk c. County Recorder d. City Clerk

a. Superior Court

You are working a background check on an applicant for a job. You may not report any convictions that are over __________ years old a. One b. Three c. Five d. Seven

d. Seven Cal. Civil Code of Procedures § 1786.18

During a healthcare fraud investigation, if you want to create a visualization of the relationships between claims and parties such as attorneys, patients, and healthcare providers, you should consider _________ a. Contacting law enforcement b. Creating a link analysis c. Creating a pie chart d. Creating a criminal profile

b. Creating a link analysis

It's 2018 and you are working on a pre-employment screening for an employee. You find a Chapter 7 Bankruptcy from 2010. What should you do? a. Report the bankruptcy to your client b. Do not report the bankruptcy to your client c. Deny the applicant employment d. Ask an attorney for advice

a. Report the bankruptcy to your client Fair Credit Reporting Act - Bankruptcies may be reported unless they are over 10 years old

You are working undercover in a retail store. An employee hands you a syringe loaded with possible heroin. What should you do? a. Arrest the employee immediately b. Test the suspected heroin to confirm your suspicion. If it tests positive, contact law enforcement c. Collect the suspected heroin, package it appropriately, and contact law enforcement d. Keep the suspected heroin in a locked container until criminal court proceedings are finished

c. Collect the suspected heroin, package it appropriately, and contact law enforcement

In a workers' compensation surveillance log, you should include license plates of the target vehicle(s), general observations, starting and departure times, and __________ a. A description of the target's physical activity b. Your opinion on the target's physical limitations c. The date your target submitted a claim for his alleged injuries d. The name of your target's attorney

a. A description of the target's physical activity

Before heading out on a surveillance, you should consider, most importantly __________ a. Your surveillance vehicle b. Hiring a surveillance partner c. Whether you could legally perform the work that is asked of you d. Knowledge of the area and the type of equipment that is needed

c. Whether you could legally perform the work that is asked of you

Before you give your client a bill, you should ________ a. Give him or her your private investigator license number b. Provide a fee schedule or a reasonable explanation on how charges are calculated c. Ask for cash or credit only d. Provide a fee schedule consistent with those fees similar to that of an expert witness

b. Provide a fee schedule or a reasonable explanation on how charges are calculated

Archived personnel records belonging to inactive military service members or former federal employees are generally held __________ a. At the last military branch or employer b. At the National Personnel Records Center c. At the Personel Records Building d. At the Office of Personnel Management

b. At the National Personnel Records Center

Your private investigator license must be renewed every __________ years a. 1 b. 2 c. 3 d. 4

b. 2

What do you need if you operate outside of your address listed on file with BSIS? a. An insurance policy b. Another private investigator license c. Another qualified manager d. A branch office certificate

d. A branch office certificate BPC §7535, a branch office certificate is required if you advertise from any location other than the one on record or conduct business from any location other than the one on record

If you use your business card as an advertisement, you must include you _________, address on file with BSIS, and licensee number a. Telephone number b. Email address c. License expiration date d. Private investigator business name

d. Private investigator business name BPC § 7534 - Every advertisement in any form requires LAN: License Number, Address, and Name of business

A private investigator who carries a firearm must have at least __________ a. $1 million in insurance - $500.000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property b. $1 million in insurance - $850,000 for any one loss due to bodily injury or death and $150,000 for any one loss due to injury or destruction of property c. $500,000 in insurance - $250,000 for any one loss due to bodily injury or death and $250,000 for any one loss due to injury or destruction of property d. $1 million in insurance - $750,000 for any one loss due to bodily injury or death and $250,000 for any one loss due to injury or destruction of property

a. $1 million in insurance - $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property

According to BPC § 7536 (c), who is responsible and liable for the conduct of the business of the licensee and the action of the employees and other personnel of the licensee? Here, you can assume the words "responsible" and "liable" relate to the threat of administrative discipline a. The licensee is liable and responsible, 100% b. The qualified manager is liable and responsible, 100% c. The licensee and qualified manager are liable and responsible, equally d. The licensee is responsible 75% and the qualified manager, 25%

c. The licensee and qualified manager are liable and responsible, equally

According to BPC § 7531, the ________ shall at all times, be legally responsible for the good conduct in th business of each of his or her employees or agents, including his or her manager a. Branch manager b. Qualified manager c. Client d. Licensee

d. Licensee