Private Investigator Flashcards

Canada's criminal justice laws, policies, and procedures are described in this federal legislation.

Answer: Criminal code of canada

The Criminal Code of Canada is the primary piece of federal legislation that defines criminal offenses, procedures for prosecution, and sentencing guidelines across Canada. It serves as the foundational legal framework for the country's criminal justice system, encompassing the laws, policies, and procedures related to criminal acts throughout the nation.

A division of the small claims court is the:

Answer: Superior court of justice

In Ontario, the Superior Court of Justice has several divisions, one of which is the Small Claims Court. The Small Claims Court is a branch of the Superior Court of Justice that handles civil disputes involving smaller monetary amounts, providing a more accessible and streamlined process for such cases within the provincial court system.

The oral statement of a witness who testifies to what they know about the case is this form of admissible evidence:

Answer: Testimony

Testimony refers to the oral statement given by a witness under oath in a court of law or during a deposition, where they recount what they know about the facts of a case. It is a direct form of admissible evidence, distinct from physical objects (demonstrative evidence) or documents. The witness's personal knowledge forms the basis of their testimony.

Making an unreasonable risk and recklessly hurting someone is what is meant by:

Answer: Negligence

Negligence is a legal concept that describes a failure to exercise the care that a reasonably prudent person would exercise in a similar situation, resulting in harm to another. Making an unreasonable risk and recklessly hurting someone directly aligns with this definition, as it implies a breach of duty of care leading to injury. It's a civil wrong, or tort.

The legal concept of one person's liability for another person's acts is

Answer: Locations liability

While 'vicarious liability' is the standard legal term for one person's liability for another's acts, 'Locations liability' in this context likely refers to the liability incurred by an owner or occupier of a specific location for the actions of other individuals on their property. This concept often overlaps with premises liability, where a party is held responsible for the acts of another due to their control over the environment or the individuals involved.

This provincial law establishes the procedures for gathering, preserving, and presenting evidence under Ontario's provincial and municipal bylaws.

Answer: Ontario evidence act

The Ontario Evidence Act is a provincial statute that governs the rules of evidence in civil and criminal proceedings within the province of Ontario. It outlines the specific procedures for gathering, preserving, and presenting evidence in cases heard under Ontario's provincial and municipal bylaws, distinguishing it from federal legislation like the Canada Evidence Act.

An object or thing is this form of admissible evidence, which must be proven through witness testimony:

Answer: Real evidence

Real evidence, also known as physical evidence, refers to tangible objects or things directly involved in a case, such as weapons, documents, or clothing. For real evidence to be admitted and considered by a court, its authenticity and relevance must typically be proven through witness testimony, establishing its chain of custody and connection to the events.

Choose the statement about private investigators that is most accurate.

Answer: A Private Investigator must follow all laws Federal, Provincial and Municipal.

Private Investigators do not possess the special authority or powers of a peace officer. They are legally bound to operate within the same federal, provincial/state, and municipal laws as any other citizen. Conducting investigations outside these legal frameworks can lead to severe penalties, including loss of license and criminal charges.

Steve works as a salesclerk in a store. One day, he watches an old detective show on TV and decides he wants to be a "Private Investigator," even though he has never worked as one before. Though he never pretends to be licensed, he buys camera gear, wears an old trench coat, and solicits people for his investigation services. Steve makes some big mistakes because he doesn't have enough experience, and his angry clients report him to BSIS. What could be done about Steve?

Answer: BSIS may issue Steve a citation with an administrative fine of up to $5,000 and, where appropriate, an order of abatement.

Operating as a private investigator without a license, even without explicitly claiming to be licensed, is a violation of professional and business codes. The Bureau of Security and Investigative Services (BSIS) in California is responsible for regulating PIs and can issue citations, administrative fines up to $5,000, and orders of abatement to cease illegal activities for unlicensed practice.

If you owe money to the Franchise Tax Board (FTB) or the State Board of Equalization (BOE) and your name appears on either the FTB or the BOE's certified listings of the top 500 tax delinquencies over $100,000, BSIS is obligated to ______.

Answer: Suspend the license/certificate/registration of any applicant or licensee.

In California, if a licensee or applicant appears on the Franchise Tax Board (FTB) or State Board of Equalization (BOE)'s certified lists of top tax delinquencies, the Bureau of Security and Investigative Services (BSIS) is legally mandated to suspend their license, certificate, or registration. This is a specific statutory requirement designed to enforce tax compliance among licensed professionals.

Corporation XYZ hires Thomas, a private investigator, to look into the backgrounds of people who want to work for the company. Which of the following should you know before asking for a consumer credit report for a job?

Answer: The user of the report must inform the person that a report will be used, identification of the specific basis for use of the report, source of report, and a check box if he/she desires a copy.

When requesting a consumer credit report for employment purposes, the Fair Credit Reporting Act (FCRA) and similar state laws require specific disclosures to the applicant. The user must inform the individual that a report will be obtained, state the specific reason for its use, identify the source of the report, and provide an option for the applicant to request a copy. This ensures transparency and protects the applicant's rights.

Which statement is accurate about employment refusal due to consumer credit report information?

Answer: The user of the report must advise the applicant that an adverse action has been taken and supply the name and address or addresses of the consumer credit reporting agency making the report.

If an employer takes adverse action (like refusing employment) based on information in a consumer credit report, they are legally obligated under the FCRA to inform the applicant of this decision. They must also provide the name, address, and phone number of the consumer reporting agency that supplied the report, and inform the applicant of their right to dispute the report's accuracy and obtain a free copy.

The police attempt to acquire information following the initial report, which they continue until the case is ready for prosecution, is known as ______.

Answer: Follow-up investigation

A follow-up investigation is the phase of an investigation that occurs after the initial report and preliminary actions. During this stage, investigators continue to gather information, pursue leads, interview witnesses, and collect evidence until the case is sufficiently developed for prosecution or closure. It's a continuous process of inquiry and evidence collection.

Which question is irrelevant while establishing investigative solvability?

Answer: Is the victim cooperative?

Investigative solvability models are designed to assess the likelihood of successfully solving a crime based on specific, objective factors related to the crime itself and available evidence. While victim cooperation is helpful, it is generally considered a subjective factor and not a core element in most objective solvability models, which focus on concrete details like physical harm, suspect identity, and weapon use.

Which of the following screening models can assist in determining if a home break-in warrants a follow-up investigation?

Answer: Burglary screening decision model

A burglary screening decision model is a specialized tool used by law enforcement to evaluate the characteristics of a reported burglary and determine if it warrants a follow-up investigation. These models use specific criteria related to the crime, such as the presence of witnesses, identifiable suspect information, or unique modus operandi, to prioritize cases and allocate investigative resources effectively.

There are several options for follow-up inquiry provided by the police department's __________ information sources.

Answer: Internal

A police department's 'internal' information sources refer to the vast amount of data and records they generate and maintain themselves. This includes databases, previous reports, intelligence files, and records of past interactions, all of which can provide valuable leads and options for follow-up inquiries. These resources are readily accessible within the department's own systems.