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Legal Info You Need to Know
As a security guard in my past, I have learned some things that the average citizen may be interested in knowing. It may save you from a law suit, or your rights may be violated without you even knowing it. Any information stated is not intended to be for legal advice. Let me know if you want details on any of the points below by "Email Us" at left.
*Little-known facts you need to know to protect yourself from liabilities and suits.
*Terms you need to understand in determining your responsibilities and rights.
1-What is the difference between a crime and a tort?
Why is it important to know the difference?
What are the various kinds of torts?
2-What is the difference between libel and slander?
3-When is slander NOT slander?
4-What are the technical definitions of assault, battery, libel, slander negligence, trespass, false
imprisonment, and malicious prosecution.
5-Why is it important to know these definitions, and my rights with each?
6-What are the different types of negligence, and why do I need to know?
7-Is a police officer the only one obligated to read me my rights if arrested?
8-If I am being detained by another person - no matter how slight - is it considered "arrest"?
9-How I can be arrested for shoplifting in a place of business simply by one single innocent act, even before leaving the store?
10-Where did "common law" originate? Why is the Magna Carta so strategic to us?
11-When is homicide NOT a crime?
12-What is a "public wrong"? How is it different from a "civil wrong"?
13-What six categories of people cannot commit a crime?
14-What are "acts of omission?" Can I be accused of a crime through omission?
15-What is "entrapment?"
16-What is a "tacit" confession? Why is it important to know?
17-What is a "res-gestie" statement?
18-If your landlord or an individual representing some agency knocks on your door and the police are called upon in the process - you need to understand a little-known fact about the role of police enforcement and their function.
19-If I touch another person - no matter how slight - can I be arrested for "battery"? Can I be arrested for battery simply by "stealing a kiss?" Does this apply in sports?
20-If another person - whether a security guard or individual in a position of authority suspects that you have stolen an item/shoplifted, etc. - tells you to "come with me" or "wait here", could it be construed as the legal definition of arrest? What three conditions must be present for it to be considered "arrest"?
21-If I am arrested falsely, could the ramifications result in civil liability and slander?
22-What is the definition of slander?
23-What are Torts, moral and civil wrongs?
24-What is a crime?
25-Why is it important to understand the ramifications of the following (told to me by a retired NYC detective):
An individual lives in a private home in NY. After a snowstorm:
1-He comes out of his home and shovels the snow off of his walk, which is on his property, or....
2-He looks out, then turns around and goes back to bed and does nothing.
If someone slips on his walk, which of the above actions holds him liable? If you chose #2, you are in for a surprise.
26-An individual (driver #1) approaches a 4-way stop at an intersection. Another vehicle (driver #2) approaches the intersection from his left and comes to a stop as well. Driver #1 motions for driver #2 to go ahead first through the intersection. Upon doing so, he collides with another vehicle (#3)approaching the intersection. Can driver #1 be held liable simply by motioning to driver #2?
27-If you fence off your property, and someone climbs it and gets injured on your property, are you still liable? What important step did you fail to do?
28-If you are sent merchandise in the mail which you didn't want, what important fact do you need to know that constitutes "receiving" it? Can you charge the sender "storage" for it?
29-A married couple separates during troubled waters in their relationship, and live in separate domiciles. The wife proceeds to take courses at a nearby college on her own, incurring bills that he is still responsible for, since they are still married. Can he be relieved of his responsibility by one single act? (besides divorce)
30-If you are accused of a crime and you do not deny it, is it the same as a plea of guilty?
31-If you are at a party, and police come to raid it because of drugs present, can you be held just as guilty as others, even though you had no knowledge of wrongdoing?
32-
A-Someone sideswipes your parked vehicle.
B-He then proceeds to drive away to his own home and goes inside his house.
C-You call police who knock on his door.
D-Is he obligated to answer?
E-You proceed to take legal action, serving him notice to appear in court.
F-Must he sign for a certified letter? What if he never does?
33-Can someone enter your home without your permission legally? What one step must you take to prevent it?
34-What is the difference between a civil and criminal matter? If police are called in a civil matter, can any action be taken?
35-If you do not exercise your rights, is it the same as if you do not have any?
36-If you ask a person a question, what body language can you use to determine if his answer is the truth?
37-If someone enters your home (whether you are home or not) without your permission, can he be accused of "trespassing"?
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