TPS Legal Aspects and Liability 2

Question 1

Under Texas law, which legal doctrine holds an employer vicariously liable for torts committed by employees acting within the scope of their employment?

Accepted Answer

Respondeat superior

Answer

Respondeat superior (Latin for 'let the master answer') makes employers liable for employees' negligent acts performed during the course of employment.

Question 2

A security officer detains a customer for 45 minutes based solely on a personal hunch with no reasonable grounds for suspicion. The customer's strongest civil claim is:

Accepted Answer

False imprisonment

Answer

False imprisonment occurs when a person is confined without lawful authority or without reasonable grounds to believe an offense was committed.

Question 3

Texas law's 'shopkeeper's privilege' permits a security officer to detain a suspected shoplifter under what conditions?

Accepted Answer

For a reasonable time using reasonable means to conduct an investigation

Answer

The shopkeeper's privilege requires both a reasonable belief that theft occurred and that the detention is conducted in a reasonable manner for a reasonable time.

Question 4

A security company failed to run a background check on an applicant with prior assault convictions, who then injured a client. The company faces liability for:

Accepted Answer

Negligent hiring

Answer

Negligent hiring holds employers liable when they knew or should have known of an employee's dangerous propensity before the hiring decision was made.

Question 5

Under Texas Penal Code Section 9.42, deadly force to protect personal property is generally justified only when:

Accepted Answer

The actor also reasonably believes deadly force is immediately necessary to prevent an enumerated felony such as robbery or arson

Answer

Section 9.42 requires a reasonable belief that deadly force is immediately necessary and limits it to preventing specific felonies — property value alone is never sufficient justification.

(TPS) Texas Private Security Certification Practice Test

(TPS) Texas Private Security Certification Practice Test

TPS Legal Aspects and Liability 2