New York PI Exam Practice Questions – Flashcards
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Who regulates PI's in NY?
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The Department of State, Division of Licensing
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What type of crime is operating as a PI without a license?
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Class B Misdemeanor
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A corporation's PI license can be revoked if ___% or more of the corporate stock is held by a person who cannot meet the character standard set for an individual PI license.
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10
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Who has the power to enforce the provisions of the PI licensing law?
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The Secretary of State
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Is a licensee obliged to supply their books or records to the State upon State Request?
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Yes
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What is the term of a PI license?
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2 years
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What is the cost of an Individual PI license?
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$400
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What is the cost of a Corporate PI license?
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$500
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Is a PI required to be bonded?
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yes
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Is a PI required to be insured?
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No
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What is the surety bond required of a PI?
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$10,000
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If a NY PI license is to be issued to a non-resident, what must the applicant file a written consent to?
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Consent to the jurisdiction of the courts of NY in any case or cases arising from PI services within NY state
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No PI license shall be issued to a person under the age of ___.
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25
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What is the fee to take the exam that you need to pass to qualify for a PI application?
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$15
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Can a NY PI license be issued to a person convicted of a felony?
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No
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Are there any misdemeanor convictions that will not allow a person to be issued a NY PI license?
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Yes
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Are a list of the applicant names and business addresses of all pending PI applications posted for public view?
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Yes
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Are a list of PI licenses that had been either issued or revoked the prior week posted for public view?
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Yes
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Can a NY PI licensee simultaneously hold an employment agency license?
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No
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To change the name on a PI license, the cost is ___
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$150
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To change the address on a PI license, the cost is ___
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$10
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How must the issued PI license certificate be displayed?
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Posted up and at all times displayed in a conspicuous place for which it was issued, so that all persons visiting such place may readily see it.
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Every license certificate shall be surrendered to the Department of Stat within ____ hours after its terms shall have expired or after notice in writing to the holder that such license has been revoked.
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72
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Failure to surrender the license certificate within the required hours is what type of crime?
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Misdemeanor
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What is the cost for the replacement of an unexpired PI license certificate or an unexpired pocket card?
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$10
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What are the restrictions on the replacement of an unexpired PI license certificate or an unexpired pocket card?
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If lost or destroyed without fault on the part of the holder.
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When should a NY PI file a PI license renewal application?
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6 weeks before the expiration date of the PI license
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What is the cost to renew an Individual PI license?
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$400
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What is the cost to renew a Corporation PI license?
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$500
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If late to renew a PI license, what is the late filing fee amount?
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$100
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In no event will PI license renewal be granted more than ___ months after the date of expiration of a PI license.
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6
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What, besides the PI license renewal fee, must accompany the PI license renewal fee?
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A new surety bond
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May a licensee resign as a licensee without the written approval of the Secretary of State?
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No
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For a violation of any provision of the PI licensing law, the state may revoke or suspend the license, or can impose a fine not exceeding ________.
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$1000
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Can your PI license be revoked or suspended or fined if you demonstrate incompetence or untrustworthiness in your actions?
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Yes
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True or False: Before a PI license is denied or revoked, the PI will be notified at least 15 days in advance of a hearing where applicant/licensee can be heard in person.
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True
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What appears on a PI license 'Pocket Card' ID?
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1. A photograph of PI licensee, 2. Seal of Department of State 3. Name and Business address of the PI licensee
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Can a NY PI employ a convicted felon?
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NO
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Can a NY PI employ any person prior to that person completing the written 'Employee Statement'?
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No
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If an employee divulges any information to anyone other than his/her employer or as required by law, what type of crime has that employee committed?
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Misdemeanor
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Can a NY PI use a badge?
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NO
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Can any NY PI, at no charge, have a roster of licensees (names & addresses of all licensed persons, firms, and corporations) mailed to him?
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Yes
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When may a NY PI destroy the 'Employee Statement' and fingerprint card of a previous employee?
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If not in the licensee's employ for at least 1 year preceding the destruction, and no litigation pending
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Where can an applicant for a NY PI license obtain the accepted fingerprinting services?
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Employees of the Department of State, Division of Licensing Services at designated locations and at appointed times;may also be done by local and state police, or sheriffs and chiefs of police.
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Can a private fingerprinting service be used for a NY PI license application?
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NO
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True or False: All NY licensed PI's SHALL maintain a principal place of business within New York State which shall contain the employee and business records for any license activities conducted within New York State
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True
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A NY PI shall retain and maintain for a period of ___ years records of all transactions relating to the PI's business.
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3 years
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A PI Employee ID Card, issued by the NY licensed PI to his/her employee, must be ____" tall by ____" wide.
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2" height by 3 1/4" width
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Predominate over all other information contained on the Employee ID Card shall be the _______ and ________ ________ as on the ________
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Name Business Address License
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Below this information (listed above in #49) will be the word __________ followed by the ________ _________ _________ and the registration _______.
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Employee Employee's full name registration title
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On what corner of the PI Employee ID Card shall a current photo of the employee be placed?
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Upper left hand
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What size is the photo required to be on a NY PI Employee ID card?
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1.5" x 1.5"
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Upon termination of employment, the employee must surrender the Employee ID Card within _____ business days.
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5 Business Days
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Surrendered Employee ID Cards should be maintained in the __________ __________ of the terminated employee.
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Personnel file
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What sentence must be included on all media advertisements for a NY PI?
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Licensed by the New York Department of State
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What statement must be included on all contracts by a NY PI?
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This business is licensed by the New York Department of State, Division of Licensing
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The PI shall be required to provide _______ of all employees engaged in the business of investigations or security guard work.
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supervision
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Supervision of employees shall consist of ______, _______, and _______ guidance, instruction, ________, and __________ by the licensee.
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Regular frequent consistent oversight superindendence
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An applicant for a NY PI license must possess _____ years of investigative experience, OR full-time supervision of at least ___ investigators for ____ years or more.
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3 3 3
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If a NY PI is CONVICTED of a crime ANYWHERE, the PI must notify by _________ _________, ________ _________ _________ to the _______ office of Department of State, __________ __ __________, within _______ days of the conviction.
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Certified mail return receipt requested Division of Licensing Services 10
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For PI services, is a WRITTEN contract required?
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Yes
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Are PI employees required to be fingerprinted?
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Yes
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Fingerprinting of PI employees SHALL be performed where?
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PI business location
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PI employee fingerprinting must be performed by who?
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By a person who qualifies as the lecensee or by a designated person who is employed by the entity and who has been previously fingerprinted
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The designation of such person taking these fingerprints of an employee shall be made in writing by the ________ __________ and filed with the _______ _________, ___________ ___ __________.
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The qualifying licensee the Albany office of the Division of Licensing Services Department of State
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The holder of a PI license shall submit to the _______ _______ __________, ______ ________ _____ _______, _______ set of fingerprint cards for each employee that is hired, within _______ _______ of such employment.
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Department of State Division of Licensing Services one 24 hours
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If a NY PI is providing guard service, MUST all employees whose job duties are primarily related to the operation of security be fingerprinted?
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Yes
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Along with the employee statement and fingerprint card, a copy of the ________ ______ _______ which accompanies the fingerprint shall be attached to each employee personnel folder.
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Fingerprint Transmittal Form
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Does the PI Employee Statement inquire whether or not the employee has ever been convicted of an offense other than a minor vehicle offense?
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Yes
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Must the written contract for PI services be signed by the PI?
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Yes
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Must the written contract set forth the specific service or services to be performed?
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Yes
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Must the written contract list the charge or fee?
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Yes
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If any or all of the services are to be performed on an hourly or other periodic basis, what must be included in the written contract?
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The rate therefore shall be set forth and a limit fixed that maybe as to the number of such periodic units performed.
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The licensee shall obtain an ______ in _______ from the client of receipt of any statement of ______ or _______ or ______ ______ ______, or maintain receipt or _________ _______ ________ of such statement.
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Acknowledgement writing services charges executed agreement delivered proof of delivery
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True or False: Unless otherwise agreed to in writing, the licensee shall deliver to the client a written report.
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True
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Is the written report required, setting forth the services performed on the client's behalf?
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Yes. UNLESS otherwise agreed.
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When SHALL this report be presented to the client?
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At the time of billing.
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The client report shall be maintained by the PI licensee for a period of ____ years after completion of the service, unless there is ______ pending which would require the records to be maintained until the _______ is completed.
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3 litigation litigation
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Desertion of one spouse by the other, with the intention of creating a permanent separation, is known as _________.
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Abandonment
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A _________ is an order issued from a court requiring the performance of a specified act, or giving authority to have it done.
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Writ
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What is the name for security given to liberate someone from jail?
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Bail
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To hide from the jurisdiction of a court in order to avoid confinement is know as _____________.
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Abscond
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What is a venue?
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The neighborhood, place or county in which an injury is declared to have been done, or fact declared to have happened.
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A crime for which a life sentence or the death penalty is prescribed by law is know as a _________ __________
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Capital Offense
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What is a "tort?" And give an example of a "tort."
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A wrongful act, wrong, injury Example: Violation of a legal right
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______ Evidence is evidence in form of testimony from a witness who actually saw, heard, or touched the subject of interrogation.
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Direct
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A _________ of wages is the attachment of a debtor's wages or salary to satisfy or pay a judgment.
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Garnishment
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A _________ is an offense, other than a traffic infraction, for which a sentence to a term of imprisonment may be in excess of _____ days or up to one year.
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Misdemeanor 15
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If you willfully procure or induce another person to testify falsely (lie) under oath, you have committed ________ ______ _________.
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Subornation of Perjury
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A written statement under oath is known as _____ _________.
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an affidavit
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Literally, what does the term 'CORPUS DELECTI' mean?
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The body of crime
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If you attempt to corruptly influence a juror, that is know as ________ ___________.
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Jury tampering
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A WRITTEN defamatory statement that is injurious to the reputation of another is known as _______.
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libel
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Grand Larceny is unlawfully taking property belonging to another, which is valued at more than $ ___________.
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$1000
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________ Consent is a written consent by a non-resident individual or non-resident foreign partnership or corporation, submitting to the jurisdiction of the courts of NY State, designating to the Secretary of State of NY as the agent upon whom may be served any summons, subpoena or other process, in any action, commenced in the State of NY.
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Irrevocable
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The act of faking or feigning an injury is known as _____________.
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Malingering
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A ___________ is a judgment passed by a court on a person on trial as a criminal offender.
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Sentence
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__________ Evidence is anything that may be found by investigators to have a connection with a crime (for example: an article of clothing worn by the victim).
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Physical
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An unlawful interference with one's person, property or rights is a ______________.
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Trespass
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You might be charged with being _____ ______________ if although you were not the principal actor in the commission of an offense, you solicited, requested, commanded or intentionally aided the principal actor to engage in the commission of such offense.
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An accessory
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_____________ is promising or offering money to a witness or a public officer or official to influence his action or testimony.
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Bribery
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What is estoppel?
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A legal prohibition which stops a person from making a particular statement of claim because of something he has said or done before
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A CONSPIRACY is a combination of ___________ or more to accomplish a criminal or unlawful act.
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Two
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A conditional release from PRISON is known as _______.
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Parole
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A _____________ is the unlawful taking of the personal property of another form his person or in his presence by force or violence or fear of injury.
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Robbery
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A crime punishable by imprisonment for a term of one year or more is known as a ___________.
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Felony
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A _________________ is an instrument used to commence a civil action or special proceeding and is a means of acquiring jurisdiction over a party.
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Summons
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What might a formal document be called that is made out by an individual certifying that he has no further cause for action against another?
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General Release
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A _______________ relationship is a relationship of great _____________ or ________________.
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Fiduciary Confidence Trust
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What is the name used for an official hearing to determine the cause of death of a human being?
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Inquest
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__________ Conduct is the intentionally causing public inconvenience, annoyance or alarm, or recklessly causing a risk.
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Disorderly
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The willful and malicious burning of property is ___________.
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Arson
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_____ ______________ is a rule enacted by the legislative body of a municipality.
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An ordinance
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The type of penalty, whereby, a convicted personis put under the jurisdiction of the court for a stated period of time, in addition to, or instead of being sent to prison, is know as _____________.
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Probation
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A _______________ is a person who brings a civil action against another.
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Plaintiff
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What is an ALIBI?
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A defense of having been in another place at the time the crime was committed.
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What is the difference between a SUBPOENA and a SUBPOENA DUCES TECUM?
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A subpoena directs a person to go to a location; An SDT Directs a person to bring something to a location.
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Can a warrant be for property instead of a person?
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Yes
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Taking possession of property by an official to satisfy a judgment is known as a _____________.
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Levy
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EXTORTION is taking or obtaining _____________ from another WITH consent, induced by a wrongful use of ____________ or _____________.
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Property Force Fear
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What is a legal document, filed in the office of the county clerk, giving notice that an action or proceeding is pending in the courts affecting the title to real property?
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Lis Pendens
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To RECKLESSLY cause the death of another is ____________.
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Manslaughter
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__________ Power is the authority inherent in a government to enact laws to promote the safety, health and general welfare of society.
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Police
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___________ is fraudulent appropriation by a person acting in a FIDUCIARY capacity, of money or property entrusted by another.
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Embezzlement
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If a person was ____________ of a crime, he was freed legally from an accusation of criminal guilt.
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Acquitted
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An indictment handed down by a Grand Jury is know as a ________ __________.
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True Bill
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A _____________ is the neighborhood, place or county in which an injury is declared to have been done, or fact declared to have happened
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Venue
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The killing of one human being by the act or omission of another human being is __________.
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Homicide
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What is a JURAT?
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That part of an affidavit where the officer certifies that i was sworn to before him.
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True or False: Any lying is considered to be perjury.
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False
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Explain what "Statute of Limitations" is...
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A law which limits the time within which a criminal prosecution or a civil action must be started.
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____________ is the examination of bullets that have been fired, for the purpose of discovering from which weapon a given bullet has been fired; it is also the science that deals with teh motion of projectiles.
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Ballistics
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A person who makes a last will and testament is known as a _____________.
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Testator
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An accusation in writing, known as a/an __________, is presented by the Grand Jury to a superior court, charging a person with a crime.
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Indictment
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What is JOSTLING?
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Unnecessarily crowding against a person with teh intent to place a hand in the proximity of such person's pocket, pocketbook or handbook.
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___________ Larceny is unlawfully taking property belonging to another, which is valued at less than $________________.
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Petit $1000
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What document can be issued by a court as a written order, for the search of a designated premises, vehicle or person for evidence of the commission of a crime?
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Search Warrant
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What ar the elements of "Entrapment?"
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The act of public servant, or a person acting for a public servant, in inducing or encouraging a person to commit a crime not contemplated by him, for the purpose of criminal prosecution.
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To knowingly enter or remain unlawfully in a building with the intent to commit a crime therein is known as _________________.
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Burglary
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To knowingly enter or remain unlawfully in or upon premises is known as ______________.
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Criminal trespass
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A/an _______________ is a person who is liable to prosecution for the identical offense charges against a defendant on trial.
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Accomplice
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What is "turpitude?"
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Everything done contrary to justice, honesty, modesty or good morals, is said to be done with turpitude.
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_______________ Proceedings are an action by which a case or controversy is settled, in a prompt and simple manner without the aid of a jury, presentation of facts or indictment.
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Summary
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Discuss the term, Habeas Corpus.
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A written order commanding the bringing of the body, of a certain person, before a certain court
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A Grand Jury is an official body, consisting of not less than ______, nor more than _______ persons, called to hear and examine evidence concerning offenses, whether criminal or otherwise, and to take action with respect to such evidence.
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16 23
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A Petit Jury is the jury of ________ or ______ for the trial of a _______ or ___________ action
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Men Women Civil Criminal
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___________ is any illegal imprisonment, or legal imprisonment used for an illegal purpose, or threats of bodily or other harm, or other means amounting to or tending to coerce the will of another, and actually inducing him/her to do an act contrary to his/her free will.
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Duress
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If you wanted a writ or order to be issued by a court or a judge that required a person to refrain from a particular act, you would request a/an ______________.
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Injunction
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Forgery is the falsely making or materially altering of any _____________ or ______________, with the intent to defraud, deceive or injure another.
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Instrument article
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An appeal is a review, by _________ court, to determine whether the decision, order, or verdict in the lower court should be __________, _____________ or ______________.
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Higher reversed modified affirmed
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To keep a close watch over someone or something is known as ______________.
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Surveillance
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What is a MANDAMUS?
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An instrument, in writing, ordering a court or administrative officer to perform some specific duty
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What is the name of a court order in which a criminal action is pending, directing a police officer, or a uniformed court officer, to take custody of the defendant, in such action, and bring him before the court?
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Bench Warrant
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An arbitration is the settlement of a disagreement, out of court, by an arbitrator chosen by the __________ to the argument.
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Parties
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An agreement to do or not do a certain thing is known as a ________________.
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Contract
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An ________ is the person named, by a testator, to carry out the provisions of his will.
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Executor
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The official decision of a court or justice on the claims of parties to a litigation is known as _________.
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Judgment
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____________ is any statement or statements made by witnesses, under oath, in a judicial proceeding.
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Testimony
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What does the term 'Prima Facie' mean?
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So far as can be judged from the first appearance or at first sight
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The legal seizure of the property of a defendant BEFORE judgment is known as an _____________
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Attachment
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If you display behavior disrespectful of the authority of a court, which obstructs the execution of court orders, you might be charged with _______ __ ___________
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Contempt of Court
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____________ is to intentionally engage in a course of conduct or repeatedly commit acts which alarm or seriously annoy a person and which serve no legitimate purpose.
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Harrassment
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What is it called when there is a substitution of one person's claims, rights, or securities for those of another person?
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Subrogation
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What is SHADOWING?
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An observed close watch
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Formal allegations, known as __________, are made by the parties of their respective claims and defenses for the judgment of the court.
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Pleadings
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Are circumstances known as 'Res Gestae' considered to be deliberate acts?
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No
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___________ Evidence is evidence supplementary to that already given and tending to strengthen or confirm it.
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Corroborating
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A ________ is a statement by a person accused of a crime, admitting his guilt.
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Confession
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What does the term COERCION mean?
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To compel or induce a person to engage in conduct, that he has a legal right to engage in or not, by means of force or threat.
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_________ Evidence is an out-of-court statement, offered in court for its truth.
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Hearsay
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If something is applying to the matter in question, and consequently, providing something useful to the purpose, it is said to be __________________.
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Relevant
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"Rough Shadowing" is shadowing which is done in such a manner as to cause the subject _________ or ______________, or ____________ with him in any way.
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Discomfort Annoyance Interferes
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What is the name that describes an instrument or device used to intentionally overhear a conversation or discussion, without the consent of at least one party thereto, by a person not present thereat?
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Bug
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What is the following definition describing? The extortion of goods, money, or the procuring of an illegal act by a threat, in writing, of criminal prosecution or the destruction of a person's reputation or social standing or personal injury.
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Blackmail
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The delivery from one state or notice to another, of fugitives from justice, is known as __________.
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Extradition
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To "Jump Bail" means failure to make an appearance in __________ in accordance with the terms imposed at the time __________ was fixed
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Court Bail
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Moral ___________ is the quality of a crime involving grave infringement of the moral sentiment of the community.
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Turpitude
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What is PROBATE trying to prove?
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Before a proper court, that a document is the valid will of a testator.
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A ______________ is a person to whom a court action is referred, to take testimony, hear the parties and report thereon to court.
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Referee
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If a person dies without having a valid will or testament, it is known as ______________.
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Intestate
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A ____________ is a legal right or claim upon a specific property which holds the property until a debt is satisfied.
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Lien
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"Laches" is a failure to __________ ____ _________ for an unreasonable length of time.
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Assert a right
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What is "Ipso Facto?"
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By the mere effect of an act or a fact
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"_________ Actions" are the general class of civil suits arising from the defendant's failure to exercise reasonable care.
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Negligence
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Also known as an "M.O.," what term is used to indicate the method or technique followed in the performance of a criminal act?
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Modus Operandi
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To recklessly cause the death of another person is known as ______________.
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Manslaughter
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"____________ Evidence" is evidence which includes facts, conditions, and events from which an inference may be drawn as to the existence of the fact to be established.
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Circumstantial
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An ____________ is the dissection of a dead human body, by an authorized doctor, to determine the cause of death.
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autopsy
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May a PI issue a badge or shield to his investigative employees?
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No
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May a PI advertise his services using the address of a telephone answering service, without fully disclosing that the address is that of an answering service?
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No
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May a PI work on a CONTINGENT (commission) for the following? Contracting with a local social services district to furnish or perform services for the location of absent parents and fathers of children born out of wedlock?
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Yes
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Can a PI collect or offer or attempt to collect or directly or indirectly engage in the business of collecting of debts or claims of any kind, except with a very limited exception?
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No
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What two additional things must be included on the fingerprint card of a licensee by the official who took the fingerprints?
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Signature of the official who took the fingerprints, with his/her title of office
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Must an employee ID card be laminated BEFORE, or laminated AFTER the photograph and signatures are affixed?
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After
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Employee Statement: It must include that person's _________ ___________, _____________, and ____________ ______________.
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Full name, age, residence address
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Can a PI's employee be an illegal alien?
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No
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Employee Statement: Must include the business or occupation engaged in for the ___________ years immediately preceding the date of the filing of the statement, settling forth the place or places where such business or occupation was engaged in, and the __________ or _________ of ______________, if any.
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3 name names employers
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Employee Statement: Must it be verified?
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Yes
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Employee Statement: Must state that he/she has not been convicted of a ____________ or of any offense involving ____________ _______________ or of any of the _______________ or _____________ described in subdivision one of the section.
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Felony moral turpitude misdemeanors offenses
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Employee Statement: Immediately upon the verification of an Employee Statement, what must be recorded?
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Two sets of fingerprints of the two hands of such person.
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Employee Statement: Can the Department of State ever require additional information be included? If so, to do what?
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Such further information as the Department of State may by rule require to show the good character, competency, and integrity of the person executing the statement.
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If a PI files with the Department of State the fingerprints of a person other than the person so employed, the PI shall be subject to a fine not exceeding $_________ or to imprisonment not exceeding ______________ ______________ , or ______________.
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$5000 one year both
