Legal Aspects Practice Test

May 11, 2007

20-1. The basic document for the law of the U.S. is:
 a. The Freedom of Information Act.
 b. The Constitution.
 c. Title 1B of the U.S. Code.
 d. The Declaration of Independence.

20-2. A crime is:

a. An act that results in injury to a person or other legal entity.
b. An act for which a civil suit may be filed in a court of appropriate jurisdiction.
c. A tort.
d. An act or omission prohibited by law for which a penalty can be imposed.

20-3. The essential character of any crime is that it is:

 a. An individual wrong.
 b. A wrong against the general public.
 c. A civil injury compensable in damages.
 d. A felony.

20-4. The crime of robbery consists of:

 a. Breaking and entering a structure with the intent to commit a criminal act therein.
 b. Taking the property of another through the use of force or threat of force.
 c. Entering or remaining in a structure with the intent to commit a crime therein.
 d. Taking money for the promised return of an abducted person.

20-5. Under the U.S. Code, a felony is an offense punishable by imprisonment

for:
a. More than one year.
b. One year or less, but more than six months.
c. Six months or less, but more than thirty days.
d. Thirty days or less, but more than six months.

20-6. The court process known as “stare decisis” involves:

a. A court declaration of a mistrial when the prosecutor stares at the defendant without verbal
comment for an inordinate period of time.
b. Questioning of prospective jurors by prosecution and defense counsel.
c. The application by the court of law made in decisions of previous cases in situations with
substantially similar facts.
d. A prosecution of a person under the Federal stalking law.

20-7The main purpose of a grand jury is to:

a. Determine whether or not an individual has committed a crime
b. Determine guilt
 c. Determine whether there is sufficient evidence that a crime has been
committed and that the accused probably committed it.
d. Determine the nature of the punishment

20-8The purpose of bail is to:

a. Confine the accused pending trial
b. Take dangerous offenders off the streets
c. Assure that the accused is offered his constitutional right to put up
security in order to gain his release
d. Assure the appearance of the accused in court

20-9In a criminal trial, the burden of proof required to find guilt is:
a. Preponderance of evidence
b. Beyond a reasonable doubt
c. Reasonableness of presentation
d. Amount necessary to convince a majority of jurors

20-10 The release of a convicted person under certain conditions without

having to be imprisoned is known as:
a. Probation
b. Parole
c. Corpus Juris
d. Detainer

20-11 The release from confinement of a person who has served part of a
sentence is called:
a. Probation
b. Parole
c. Reprieve
d. Commutation

20-12 The Amendment to the U.S. Constitution which deals with searches and
seizures is:
a. 1st Amendment
b. 4th Amendment
c. 5th Amendment
d. 6th Amendment

20-13 The unlawful taking of property by force or threat of force constitutes

the crime of:
a. Burglary
b. Robbery
c. Assault and battery
d. Larceny

20-14 When a law enforcement agent induces the commission of an offense,

the process is called:
 a. Accessory before the fact
b. Misprison of a felony
c. Entrapment
d. Stare Decisis

20-15 An arrest made by a security officer who has not been deputized is called:
a. A citizen’s arrest
b. A conservator’s arrest
c. An illegal arrest
d. A detention

21-1. The two major branches of the U.S. civil law are:
a. Statutory law and administrative law.
b. Statutory law and common law.
c. Criminal law and statutory law
d. Administrative law and common law

21-2. Of the 50 titles of the United States Code that

comprise the Federal statute law:
a. Title 18 deals with criminal matters; the other 49 deal primarily with civil matters.
b. Title 16 deals with criminal matters; the other 49 deal primarily with civil matters.
c. Title 17 deals with criminal matters; the other 49 deal primarily with civil matters.
d. Title 19 deals with criminal matters; the other 49 deal primarily with civil matters.

21-3. A contract may be:

a. An oral agreement.
b. A written agreement.
c. An express agreement.
d. All of the above.

21-4. Which of the following is not an action that can

establish an agency relationship?
 a. Express agreement.
 b. Adoption and ratification.
 c. Exercise of apparent authority.
d. Interfamilial association.

21-5. An express contract is an agreement:

a. Made orally, to transport goods or persons in an agreed-upon rapid manner.
b. In which the terms and conditions are stated in words.
c. Which is executed by the parties within seven days of the start of services or
delivery of goods.
d. Which is delivered to the contracting parties by a parcel delivery service or
courier.

21-6. A tort is a:
a. Willful breach of the terms and conditions of an express contract.
 b. Willful or negligent wrong done by one person to another.
c. Violation of a state criminal statute where the act is not a violation of Federal statutes.
d. Minor criminal violation that is normally tried before the minor judiciary.

21-7. In view of the decision in Gregory vs. Litton an organization should

reject employment applicants who have:
a. Records of multiple arrests.
b. Misdemeanor conviction records.
c. Felony conviction records.
d. Conviction records that can be related unfavorably to the specific job for
which the candidate is being considered.

21-8. The Age Discrimination in Employment Act provides that age

discrimination is illegal against persons who are over:
a. Forty years of age.
b. Fifty years of age.
c. Sixty years of age.
d. Seventy years of age.

21-9. Exemplary damages that are awarded in an intentional tort case are
to:
a. Recognize an exemplary presentation by the counsel for the plaintiff.
b. Compensate for extraordinary expenses in case preparation.
c. Serve as a special deterrent to gross and wanton negligence.
d. Recognize an exemplary presentation by the counsel for the defendant.

21-10. A Federal administrative agency that proposes a new or revised rule

affords the public an opportunity to study it by publishing the draft
rule in:
a. The Federal Register.
b. A newspaper with a nationwide circulation which is published at least once
weekly.
c. The Federal Law Journal.
d. A newspaper with a nationwide circulation which is published daily.

21-11. Which of the following is not a power of an administrative agency?

 a. To make rules.
 b. To enact laws.
 c. To adjudicate cases.
 d. To conduct investigations.

21-12. On and after the effective date of a new or revised regulation

promulgated by a Federal agency the regulation is codified in the:
a. United States Code under the numbered title of the statute for the agency.
b. Code of Federal Regulations.
c. Federal Law Journal.
d. National Bar Review.
21-13. Which of the following is NOT true concerning a hearing held by an
administrative agency? The agency:
a. May require sworn reports, often including confidential data.
b. May take sworn depositions.
c. Follows the formal rules of evidence or procedures that apply in court.
d. May require the production of statistical information.

21-14. The Federal Freedom of Information Act deals with the release of
information by:
a. Agencies of the federal government.
b. Agencies of the federal, state and local governments.
c. Agencies of the federal government and certain private sector organizations.
d. Agencies of the federal government except the Central Intelligence Agency and the National
Security Agency.

21-15. Under the Freedom of Information Act (FOIA), trade secrets and
confidential commercial and financial information provided to a
governmental agency will not be released:
a. Without the permission of the organization providing the information.
b. If marked as confidential commercial information.
c. On the promise of the agency not to release the information so marked.
d. Provided the information is confidential and there is a showing of adverse
effect on future government cooperation and a showing that disclosure will have a
substantial and unfavorable impact on the party’s competitive position.

21-16. Under the provisions of the Federal Tort Claims Act the liability of
the United States is determined in accordance with:
a. The Uniform Code of Military Justice.
b. The law of the place where the allegedly tortious act or omission occurred.
c. Federal law regardless of the location at which the allegedly tortious act occurred.
d. The provisions of the Occupational Safety and Health Act.

21-17. The substitution provision of the Federal Tort Claims Act provides
that on certification by the Attorney General that an employee was
acting within the scope of his office or employment at the time an
incident out of which a claim arose:
a. A contractor involved in the incident may be substituted as the party defendant.
b. A temporary government employee may be substituted as the part defendant.
c. The United States shall be substituted as the party defendant.
d. The immediate supervisor of the employee shall be substituted as the party defendant.

21-18. The Federal Tort Claims Act provides:

a. A limited waiver of the federal government's sovereign immunity.
b. For the absolute sovereign immunity of the federal government from tort claims.
c. A wide ranging waiver of the federal government’s sovereign immunity.
d. A waiver of the sovereign immunity of the federal government limited to acts of members of
the U.S. military services.
21-19. Under the Federal Tort Claims Act the United States is subject to
liability for the negligence of an independent contractor only if it
can be shown that:
a. The government had authority to control the detailed physical performance of the contractor
and exercised substantial supervision over its day-to-day activities.
b. The independent contractor had violated a federal statute.
c. The contract specifically provided for the liability of the government.
d. The independent contractor had employed federal employees while the federal employees
were in an “off duty” status.

21-20. Under the Federal Tort Claims Act the government can only be sued
under circumstances where the United States, if a private person,
would be liable to the claimant in accordance with:
a. The Occupational Safety and Health Act.
b. The law of the place where the act or omission occurred.
c. Any federal statute.
d. The Uniform Code of Military Justice.

21-21. Under the Federal Tort Claims Act, if a federal law enforcement officer was
named in a civil lawsuit for assault, battery, false imprisonment and malicious
prosecution and the U.S. Attorney General certified the officer was acting
under the scope of his office or employment, the U.S. Government would be:
a. Named a co-defendant on all of the named offenses.
b. Named a co-defendant on the assault, battery and false imprisonment claims but not
the malicious prosecution claim.
c. Substituted as the defendant for the assault, battery and false imprisonment claims
but not the malicious prosecution claim.
d. Substituted as the defendant for all of the named offenses.

21-22 The theory of law which imposes liability on the employer for the acts
of an employee is known as:
a. Plain agency
b. Strict Liability
c. Vicarious liability
d. Nolo contendre

22-1. Workers were first given the right to representation

by which of the following pieces of legislation?
 a. The Norris-LaGuardia Act.
 b. The Labor Management Reporting and Disclosure (Landrum-Griffin) Act.
 c. The National Labor Relations Act.
 d. The Labor Management Relations Act (Taft-Hartley) Act.

22-2. A “hot cargo” agreement is a voluntary agreement

between
a. Two or more thieves for the disposition of stolen merchandise.
b. A shipper and a cargo carrier for the timely delivery of cargo,
 c. A union and a neutral employer to exert pressure on another employer with whom the
union has a dispute.
d. Two or more fire departments for the control of hazardous materials.

22-3. During periods of hostile labor relations, undercover investigations

should be:
a. Conducted with more than normal intensity.
b. Discontinued
c. Conducted by contract investigators.
d. Expanded in scope to insure coverage of union activities.

22-4. The “just-cause” discharge rule requires:

a. Credible evidence of misconduct or unsuitability of an employee.
b. Immediate removal of the offending employee from the premises.
c. A record of previous employee discharges for the same offence.
d. The agreement of the offending employee to the discharge.

22-5. An employee may reasonably expect to find privacy and be free from
surveillance:
a. At any location within the perimeter fence.
b. In a hallway within a restricted area.
c. Within a high security storage area.
d. In a washroom or restroom.

23-1. Peter Drucker, an international authority and writer on management,

suggests that the first and most crucial question to be asked in
defining business purpose and mission is:
a. Where is the work to be performed?
b. When is the work to be performed?
c. Who is the customer?
d. What profit percentage can be attained?

23-2. Three benefits from a consolidated security function

are:
a. Systems approach, personnel efficiency and better personnel.
b. Reduced cost, better planning and better countermeasures.
c. Lower turnover, better personnel and reduced cost.
d. Decreased vulnerability, reduced cost and personnel efficiency.

23-3. In defining the structure of an assets protection organization the

most effective approach is to:
a. Adopt the model that has been defined by an international security organization.
b. Copy the structure that has been adopted by another enterprise.
c. Adopt the structural model that has been utilized effectively by an organization in a similar
line of business.
d. Design the protection organization to meet the particular needs of its own enterprise.

23-4. When an assets protection program is planned or implemented input

should be sought from:
a. Experienced security personnel only.
b. Anyone with whom the protection organization has a relationship.
 c. Local law enforcement personnel only.
d. Anyone within the enterprise being protected.

23-5. In a protection program, a prime objective should be to motivate

which of the following to become a part of the protection team:
a. All management personnel.
b. Senior management.
c. Local law enforcement personnel
d. All employees

23-6. The two groups within an enterprise that should be considered when
a feedback plan is devised are:
a. Management employees and hourly workers.
b. Union workers and management employees.
c. Protection organization employees and all other employees.
d. Day shift employees and other shift employees.

23-7. Any plan that no longer serves a useful purpose should be:
a. Revised.
b. Abandoned.
c. Reviewed.
d. Filed for historical reference.

23-8. The first planning step should be to:

a. Determine overall goals and objectives.
b. Determine the size of the enterprise.
c. Obtain the authorization of senior management.
d. Provide sufficient funds for the planning process.

23-9. Delegation of authority and responsibility from the operating head of

the enterprise to the protection organization should be implemented
through:
a. Meetings with all employee groups.
b. Verbal instructions to the head of the protection organization.
c. The issuance of policy.
d. Informal email messages to senior management employees.

23-10. No change should be made in the scope of responsibilities of a

position without:
a. Consultation with senior management.
b. A definite understanding to that effect on the part of all persons concerned.
c. The authorization of the head of the human resources department.
d. Concurrence by all management personnel in the protection organization.

23-11. Which of the following techniques would not contribute directly to

cost effective management?
a. Doing things in the least expensive way.
b. Maintaining the lowest costs consistent with required results.
c. Maintaining a high level of personnel training.
d. Assuring that amounts spent generate high returns.
23-12. To senior management, the primary factor in determining the size or
existence of the assets protection program is:
a. Its cost-effectiveness.
b. The number of cases closed.
c. The number of convictions attained.
d. The number of personnel in the overall enterprise.

23-13. The one common language at all levels and in all departments of an
enterprise is:
a. English.
b. Cobal.
c. Fortran.
d. Financial numbers.

23-14. The only way an operating function, assets protection included, can
justify continued funding is to demonstrate that the:
a. Real costs to the enterprise would be greater if the level of support for the activity is reduced.
b. Level of internal theft has been reduced.
c. Number of theft and fraud cases has increased.
d. Number of prosecutions and convictions continue to increase with a corresponding increase
in financial recoveries.

23-15. A security loss reporting system differs from an insurance loss

reporting system in that the insurance reporting system:
a. Often excludes losses that are less than the deductible amount of the related policy.
b. Usually includes all losses from all known sources.
c. Usually stores more detailed information concerning losses at all financial levels
d. Often includes losses that are less than the deductible amount of the related policy.

23-16. Which of the following would not included in the written policy for a
formal loss reporting system:
a. To identify the kinds of losses to be reported.
b. To fix responsibility for reporting losses.
c. To prescribe the format of the loss report.
d. To set up summary accounts for transfer of reported losses.

23-17. Which of the following would not be a benefit of a loss reporting

system:
a. Identification of target loss items.
b. Indications of periods of loss exposure.
c. Suggestion of appropriate countermeasures.
d. Identification of suspects.

23-18. Which of the following should have the responsibility for bringing
known or suspected asset losses to the attention of their immediate
supervisors:
a. First line supervisors.
b. All employees
c. Management personnel.
d. Union stewards.
23-19. Which of the following would not be included in a loss reporting
system report to general management:
a. Frequency of loss by asset or class of asset.
b. Values by location of loss.
c. Total value of losses for the report period.
d. Identification of the security investigators on the cases.

23-20. Which of the following would probably not be tracked by a loss

reporting system:
a. Most frequently lost assets.
b. Day and time of highest probability loss occurrence.
c. Target loss locations.
d. Cost of countermeasures.

23-21. The ultimate value of loss reporting will be in the opportunities the
reporting created for:
a. Future loss avoidance.
b. Larger security force justification.
c. Increased budget amounts for investigative equipment.
d. Increased access control measures.

23-22. The term “knowledge worker” is used to describe those workers:

a. Whose primary task is to use information to produce value.
b. Who have a detailed knowledge of the physical tasks that they perform.
c. With a PhD.
d. Whose education has progressed to at least a Masters Degree.

23-23. Among the new management sciences is dissipative structures

which holds that:
a. Disturbances and disorder are signs of trouble.
b. Personal habits that dissipate resources are indicative of a psychiatric disorder.
c. Disorder, or non-equilibrium, can help living systems regenerate to their environment and
organize themselves into new and higher forms of order.
d. Certain buildings or structures have an aura that dissipates human energy.

23-24. The management science known as the chaos theory shows that:
a. Chaotic systems function within larger parameters that are well-ordered and predictable.
b. Chaos will ensue if the command and control management system is not used.
c. A state of chaos in any part of an organization must be identified and eliminated as soon as
possible.
d. Senior management persons with a chaotic mentality make the best managers.

23-25. Stewardship means:

a. The function of serving passengers on a cruise ship.
b. Serving as the head of the wine cellar in a quality restaurant.
c. To hold something in trust for another.
d. To serve on the board of directors in an enterprise.

23-26. In this new and highly competitive economy, competitive advantage

comes more from:
a. Ideas and information.
b. Inexpensive labor
 c. Expanded availability of funding.
d. Command and control management.

23-27. Effective collaboration while working in work teams or clusters

requires:
a. Increased time spent on abstract planning.
b. Sophisticated communication, negotiation and conflict resolution skills.
c. Strong command and control management techniques.
d. Groups of persons with very similar experience and personality.

23-28. Modern management models include interplay or dynamic tension

between apparent opposites which:
a. Encourages people to bring to the surface unquestioned assumptions about “the way things
work”.
b. Usually requires a substantial change in the composition of the group.
c. Increases the time spent on abstract planning.
d. Reduces the need for negotiation and conflict resolution skills.

23-29. In working in a work group or cluster the challenge is:

a. Insuring that the command and control management concept is maintained.
b. Finding out how to ensure that the group received the maximum benefit of all the diverse
skills.
c. Determining the amount of time to be spent on abstract planning.
d. Gathering only the number of new ideas commensurate with the time allotted to consider
them.

23-30. Administrative management does not:

a. Expressly state the objectives of the security organization.
b. Indicate organizational relationships, responsibilities and authority.
c. Identify the regular and extraordinary methods of communication.
d. Provide required financial resources.

23-31. It is commonplace that significant actions be made a matter of

retrievable record, available for as long as the action remains
significant. The key element is the determination of:
a. Where the record is maintained.
b. How the record is retrieved.
c. What is significant.
d. Who will have access to the record.

23-32. As distinct from security department policies, an example of a

company-wide security rule would be a requirement for:
a. The display on premises of a personal identification device or badge.
b. Security officers to wear a clean pressed uniform.
c. Records of security incidents to be incorporated in the security database.
d. Shift supervisors to observe each security officer at least once on each shift.

23-33. In planning emergency succession within the security organization it

is best to:
a. Appoint the immediate superior of the head of the security to function in his stead.
b. Verbally appoint successors to each of the senior security management personnel.
 c. Appoint successors to the head of security and each of the functional subordinate security
management personnel, in a written security directive.
d. Verbally appoint a successor to the head of security.

23-34. For the security officer to find immediate decision or response

requirements in unusual or infrequent situations, general and special
orders should be:
a. Filed with other security policy and procedure documents and Indexed by base number / file
number at each security officer post.
b. Indexed alphabetically in the post order book at each security officer post.
c. Filed with other security policy and procedure documents and Indexed alphabetically at each
security officer post.
d. Reviewed with each security officer at the start of each shift on each post.

23-35. Which of the following is not an objective of company policies and

guidelines for international operations:
a. Provide the company with appropriate information to assess
business and personal risk associated with specific countries of
destination.
b. Provide personnel with appropriate tools to reduce risks.
c. Reduce the risk of loss to company assets or personnel.
d. Assign financial resources to accomplish the objectives.

23-36. Which of the following would be responsible to ensure that an
employee traveling internationally is covered by the appropriate
insurance, including travel insurance:
a. Business manager.
b. Human resources.
c. International traveler.
d. Security.

23-37. Which of the following would be responsible to ensure that

employees and contractors on international assignments are aware
of security requirements:
a. Business manager.
b. Human resources.
c. International traveler.
d. Security.

23-38. Which of the following would be responsible to obtain a country risk

assessment prior to international travel by an employee or
contractor:
a. Business manager.
b. Human resources.
c. International traveler.
d. Security.

23-39. A high risk rating for a proposed international destination dictates:

a. Cancellation of travel to that country.
b. Increased necessity for appropriate countermeasures.
 c. Cancellation of travel for the family or the employee or contractor.
d. Completion of a personal dossier by the employee or contractor prior to travel.

23-40. Which of the following is not a recommended countermeasure for the

risk of illness in a foreign country:
a. Set up medical evacuation procedures.
b. Ensure that medical supplies go with the employee.
c. Check into the availability of local medical supplies.
d. Provide para-medical training for each employee traveling to a foreign country.

23-41. When communications are essential for business or emergency

response reasons in an underdeveloped country, the recommended
option is to:
a. Rely on the military communications network of the host country.
b. Plan to use embassy communications.
c. Provide satellite telecommunications capability.
d. Coordinate communications needs with the telephone company in the host country.

23-42. Which of the following is a stage that is included in most

contingency plans:
a. An inception stage.
b. An alert stage.
c. A preparation stage.
d. A flash stage.

23-43. A stand fast alert level in contingency plans indicates:

a. Conditions are too dangerous to undertake an evacuation.
b. The headquarters response team should be prepared to move.
c. The contingency planning team should be prepared to act.
d. One or more of the elements of the contingency response team is not
prepared to move.

23-44. A personal profile of an employee is used to:

a. Determine if an employee is suitable for international duties.
b. Help to determine if a threat is real or a hoax.
c. Assess an employee’s suitability for promotion.
d. Determine the level of kidnap and ransom insurance that should be pur- chased
on the employee.

23-45. In proposing a financial investment in a foreign country, a major

consideration is that:
a. Security is not in a position to arrange for or provide investigations into potential
suppliers of other entities.
b. Investigations are often more difficult because of the lack of documentation and
filing requirements in the foreign country.
c. The required Securities and Exchange Commission investigations are not
completed in a timely manner.
d. The currency exchange rates may fluctuate rapidly.

23-46. A major consideration in the use of encryption software to protect e-

mail and electronically transmitted documents is:
 a. Some software is restricted by U.S. law from being used outside of North America.
b. Encrypted documents are readily decrypted when transmitted by optical fiber
networks.
c. The use of encryption equipment is highly technical and requires extensive training.
d. Statutes require that encryption equipment be operated only by certified
technicians.

23-47. The protection of confidential information in a foreign country may

be made more difficult by the fact that:
a. Employees are more relaxed and are more prone to discuss confidential
information freely in public places.
b. There may be no laws against wiretapping or they may not be enforced.
c. Employees consume more alcoholic beverages when in a foreign country.
d. Family members are often the only persons with whom an employee feels
comfortable in discussing confidential matters.

23-48. Business travelers should be considered for a medical examination:

a. Every two years.
b. Annually for travelers over 40 years of age.
c. Annually.
d. Annually for those who travel to Africa or Southeast Asia.