Legal & Ethics Flashcards
6 cards from real Private Investigator Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Legal & Ethics flashcards as text
Under the Fair Credit Reporting Act (FCRA), what must a PI have before obtaining a consumer credit report on a subject?
Answer: A permissible purpose as defined by FCRA
The FCRA requires that anyone accessing a consumer credit report must have a permissible purpose, such as employment screening or a court-ordered investigation.
What is 'spoliation of evidence' and why is it relevant to PI work?
Answer: The intentional or negligent destruction of evidence, which can harm a case
Spoliation of evidence refers to destroying or failing to preserve evidence that may be relevant to litigation, which can result in legal sanctions.
In a two-party consent state, a PI records a phone call with only their own consent. This recording is:
Answer: Potentially illegal and inadmissible in that state
In two-party (all-party) consent states, all parties to a conversation must consent to recording; recording without consent may be a criminal act.
Which ethical principle requires a PI to avoid taking cases where personal interests conflict with the client's interests?
Answer: Conflict of interest avoidance
Conflict of interest avoidance requires that PIs refrain from accepting cases where their personal, financial, or relational interests may compromise objectivity.
What is the primary legal risk of using a pretext to obtain information from a bank about a subject?
Answer: Potential violation of the Gramm-Leach-Bliley Act (GLBA), which prohibits financial data pretexting
The Gramm-Leach-Bliley Act specifically prohibits using false pretenses to obtain customer financial information from financial institutions.
A client asks a PI to find out where a person lives without disclosing why. The PI should:
Answer: Determine the purpose and ensure it is lawful before proceeding
A PI has an ethical and sometimes legal duty to verify that the client's purpose is lawful before conducting investigations that could facilitate stalking or harassment.