Post on 06-Feb-2018
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Civil Law Course Security Services Unit V Legal Issues Essential Question What is the difference between civil and criminal law? How does civil law affect security? TEKS 130.298(c) (3)(A)(B) Prior Student Learning The U.S. Constitution and Constitutional Issues Estimated Time 3 to 4 hours
Rationale Responsibility is one of the key factors that affect the duties of security professionals. Not only do these professionals have to be aware of the safety of themselves and their clients, they also have a responsibility for the manner in which that they fulfill their security role. Objectives The student will be able to:
1. Differentiate between civil and criminal law. 2. Analyze the impact of legal issues relevant to security services. 3. Analyze specific federal, state, and local laws and regulations affecting
government security operations. 4. Summarize specific juvenile laws affecting security operations.
Engage Use the following questions for a class discussion. Use the Discussion Rubric for assessment.
What constitutes a false arrest?
Under what circumstances may a business detain a suspected shoplifter?
When can a security officer detain an individual for arrest?
If a security officer uses excessive force in detaining or arresting an individual, what offense has he or she committed?
Key Points I. Key Terms
A. Civil Liability potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from criminal liability which means open to punishment for a crime
B. Tort a civil wrong for which a private party may sue the tort feasor for restitution
C. Tort Feasor an individual who commits a tort D. Duty the obligation not to injure another person or damage another
persons property E. Wrongful Death a civil court action in which it is alleged that the tort
feasor, by his or her actions, caused the death of a person F. Intentional torts willful acts, even those acts that a person honestly
believed he or she could lawfully commit G. Negligence Torts require a violation of a standard of care, or the
breech of a duty, proximate cause, foreseeability, and damages or injuries
H. Strict Liability liability without fault that normally does not involve security professionals
I. Probable Cause apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting
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his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit
J. Malicious Prosecution an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice
K. Invasion of Privacy intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded the right to bring a lawsuit for damages against the person or entity that intruded
L. Assault refers to intentionally causing fear, or imminent, harmful, or offensive touching, but without touching or physical contact
M. Battery intentionally harmful or otherwise offensive touching of another person. The touching does not have to be direct physical contact but may instead be through an instrument such as a cane or rock
N. Defamation injuring the reputation of another by publicly making untrue statements. Slander is oral defamation, while libel is defamation through written words
O. False imprisonment a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention
P. Trespass the unauthorized physical invasion of property, or remaining on the property after permission has been rescinded
Q. Intentional infliction of emotional distress (IIED) a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage
II. Probable Cause
A. Apparent facts B. Discovered through logical inquiry C. Would lead a reasonably intelligent and prudent person to believe that
an accused person has committed a crime D. Warranting prosecution, or that a Cause of Action has accrued E. Justifying a civil lawsuit
III. Criminal Law
A. Crimes are generally offenses against the state B. Cases are prosecuted by the state C. The prosecutor files the case in court as a representative of the state D. Criminal cases have jail time as a potential punishment E. Crimes must generally be proven "beyond a reasonable doubt" F. Criminal cases almost always allow for a trial by jury G. A defendant in a criminal case is entitled to an attorney, and if he or
she can't afford one, the state must provide an attorney H. The protections afforded to defendants under criminal law are
considerable (i.e. The Bill of Rights Amendments)
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IV. Civil Law A. Civil cases are typically disputes between individuals regarding the
legal duties and responsibilities they owe one another B. In civil cases, the wronged party files the case C. Civil cases generally only result in monetary damages D. Civil cases are proved by lower standards of proof such as "the
preponderance of the evidence" E. Many civil cases will be decided by a judge F. A defendant in a civil case is not given an attorney and must pay for
one, or else defend himself or herself
V. Categories of Civil Liability A. Intentional Tort
1. The defendant, or tort feasor, committed an intentional act 2. The act was wrong 3. The plaintiff suffered injuries or damages
B. Negligence Tort 1. Existence of a duty 2. Foreseeability of the likelihood of the injury occurring 3. Failure to meet a reasonable standard of care 4. Proximate results of the injury 5. Injury or damages
C. Strict Liability 1. Held liable without the need to prove an intentional act or
negligence 2. High standard of care 3. Dangerous activity
VI. Civil Liability Examples
A. Assault (Texas Penal Code Section 22.01) 1. Intentionally causes fear of imminently harmful or offensive
touching 2. Without touching or physical contact
B. Battery (Texas Penal Code Section 22.01) 1. Intentionally harmful 2. Offensive touching 3. Of another person 4. Touching does not have to be direct physical contact 5. May be through an instrument such as a cane or rock
C. Trespass (Texas Penal Code Section 30.05) 1. Unauthorized physical invasion of property 2. Remaining on the property after permission has been rescinded
D. False Imprisonment and Kidnapping (Texas Code of Criminal Procedures Article 13.12)
1. Restraint of a person 2. In a bounded area 3. Without justification 4. Without consent
E. Invasion of Privacy (Texas Civil Practices and Remedies Code Section 15.017)
1. Intrusion into the personal life of another
http://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.22.htmhttp://www.statutes.legis.state.tx.us/SOTWDocs/PE/htm/PE.22.htmhttp://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.30.htmhttp://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.13.htmhttp://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.13.htmhttp://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.15.htmhttp://www.statutes.legis.state.tx.us/SOTWDocs/CP/htm/CP.15.htm
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2. Without just cause 3. Gives the person whose privacy has been invaded the right to
bring a lawsuit 4. Damages against the person or entity that intruded
F. Malicious Prosecution (Texas Civil Practices and Remedies Code Section 16.002)
1. An action for damages 2. Brought by one against whom a civil suit or criminal proceeding
has been unsuccessfully commenced 3. Without probable cause 4. Purpose other than that of bringing the alleged offender to justice 5. Institution of original judicial proceedings by or at the
encouragement of the defendant 6. Termination in the plaintiffs favor 7. Malice 8. Lack of probable cause 9. Damage
G. Defamation (Texas Civil Practices and Remedies Code Section 73.001)
1. Injuring the reputation of another 2. Publicly making untrue statements 3. Slander is oral defamation 4. Libel is defamation through written words
H. Intentional infliction of emotional distress (IIED) [Civil Tort Claim] 1. Intentional conduct 2. Results in extreme emotional distress 3. Some courts and commentators have substituted mental for
emotional 4. Some jurisdictions refer to IIED as the tort of outrage
Activities 1. Have the class work in small groups to brainstorm and develop guidelines
or procedures as to when a security officer may detain a customer on the grounds of shoplifting, illegal skateboarding, trespassing, etc. Afterwards, have the groups present and discuss their guidelines and/or procedures. Make sure to inform the students of situations where security observed the incident occurring vs. not observing the incident occurring. Also, alert students to issues that involve when a security officer can or cannot detain a customer, which connects with observing and not observing the incident. Use the Presentation Rubric and/or the Discussion Rubric as needed for assessment.
2. Have students role play incidents (based on Activity 1). Have several
students act out a situation in which a customer commits an illegal activity on private property or in a store (example shoplifting, skateboarding, trespassing), and have other students act as security officers. Afterward discuss the incidents as a class. Use the Role Play Rubric and/or the Discussion Rubric as needed for assessment.
3. Have the class complete the Legal Issues: Civil Law Crossword Puzzle to
http://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htmhttp://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.16.htmhttp://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.73.htmhttp://www.statutes.legis.state.tx.us/Docs/CP/htm/CP.73.htm
5 Copyright Texas Education Agency, 2011. All rights reserved.
become familiar with the key terms from this unit. Use the Civil Law Crossword Puzzle Key for assessment.
Assessments Civil Law in Security Services Exam and Key Discussion Rubric Individual Work Rubric Presentation Rubric Research Rubric Role Play Rubric Materials Civil Law in Security Services computer-based presentation Civil Law in Security Services Key Terms Civil Law Crossword Puzzle Civil Law Crossword Puzzle Key Civil Law Venn Diagram handout Civil Law Venn Diagram with possible answers White board/chalk board Resources Texas Commission on Private Security http://www.txdps.state.tx.us/psb Introduction to Private Security: Theory Meets Practice, Cliff Roberson &
Michael L. Birzer Introduction to Security (6th Edition), Robert J. Fischer & Gion Green Investigator/Officers Personal Experience The Texas Criminal Code of Procedure http://www.statutes.legis.state.tx.us/ Accommodations for Learning Differences For reinforcement, the students will create a Venn Diagram illustrating the similarities and differences between civil and criminal law using the Civil Law Venn Diagram handout. Use the Civil Law Venn Diagram with possible answers and the Individual Work Rubric for assessment. For enrichment, the students will write a research paper about specific cases regarding civil law and civil rights violations. The following website may be used to spark research. Use the Research Rubric for assessment.
http://library.thinkquest.org/11572/cc/ State Education Standards Texas Essential Knowledge and Skills for Career and Technical Education 130.298. Security Services (One to Two Credits).
(3) The student analyzes the impact of ethical and legal responsibilities relevant to security services. The student is expected to: (A) differentiate between civil and criminal law; (B) analyze the impact of legal issues relevant to security
services; College and Career Readiness Standards Cross-Disciplinary Standards
http://www.txdps.state.tx.us/psbhttp://www.statutes.legis.state.tx.us/http://library.thinkquest.org/11572/cc/
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I. Key Cognitive Skills C. Problem solving
1. Analyze a situation to identify a problem to be solved. 2. Develop and apply multiple strategies to solve a problem.
7 Copyright Texas Education Agency, 2011. All rights reserved.
Civil Law in Security Services Key Terms
Civil Liability potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from criminal liability, which means open to punishment for a crime
Tort a civil wrong for which a private party may sue the tort feasor for restitution
Tort Feasor an individual who commits a tort
Duty the obligation not to injure another person or damage another persons property
Wrongful Death a civil court action in which it is alleged that the tort feasor, by his or her actions, caused the death of a person
Intentional torts willful acts, even those acts that a person honestly believed that he or she could lawfully commit
Negligence Torts require a violation of a standard of care, or the breech of a duty, proximate cause, foreseeability, and damages or injuries
Strict Liability refers to liability without fault and normally does not involve security professionals
Probable Cause apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a Cause of Action has accrued, justifying a civil lawsuit
Malicious Prosecution an action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without probable cause, and for a purpose other than that of bringing the alleged offender to justice
Invasion of Privacy intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded the right to bring a lawsuit for damages against the person or entity that intruded
Assault intentionally causing fear or imminent, harmful, or offensive touching, but without touching or physical contact
Battery intentionally harmful or otherwise offensive touching of another person. The touching does not have to be direct physical contact but may instead be through an instrument such as a cane or rock
Defamation injuring the reputation of another by publicly making untrue statements. Slander is oral defamation, while libel is defamation through written words
False imprisonment restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention
Trespass the unauthorized physical invasion of property, or remaining on the property after permission has been rescinded
Intentional infliction of emotional distress (IIED) tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage
8 Copyright Texas Education Agency, 2011. All rights reserved.
Name:_________________________ Date:______________________
Civil Law in Security Services Exam
Answer the following multiple choice questions. 1. _____ The obligation not to injure another person or damage another persons property.
a. Civil Liability b. Strict Liability c. Duty d. Malicious Prosecution
2. _____ Potential responsibility for payment of damages or other court-enforcement in a
lawsuit, as distinguished from criminal liability, which means open to punishment for a crime. a. Civil Liability b. Strict Liability c. Duty d. Malicious Prosecution
3. _____ An action for damages brought by one against whom a civil suit or criminal
proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice. a. Civil Liability b. Strict Liability c. Duty d. Malicious Prosecution
4. _____ Liability without fault that normally does not involve security professionals.
a. Civil Liability b. Strict Liability c. Duty d. Malicious Prosecution
5. _____ Willful acts, even those acts that a person honestly believed that he or she could
lawfully commit. a. Tort b. Tort Feasor c. Intentional Torts d. Negligence Torts
6. _____ An individual who commits a tort. a. Tort b. Tort Feasor c. Intentional Torts d. Negligence Torts
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7. _____ A civil wrong for which a private party may sue the tort feasor for restitution. a. Tort b. Tort Feasor c. Intentional Torts d. Negligence Torts
8. _____ Require a violation of a standard of care, or the breech of a duty, proximate cause,
foreseeability, and damages or injuries. a. Tort b. Tort Feasor c. Intentional Torts d. Negligence Torts
9. _____ Intentionally harmful or otherwise offensive touching of another person. The touching
does not have to be direct physical contact but may instead be through an instrument such as a cane or rock. a. Assault b. Battery c. Defamation d. False Imprisonment e. Trespass
10. _____ Intentionally causing fear, or imminent, harmful, or offensive touching, but without
touching or physical contact. a. Assault b. Battery c. Defamation d. False Imprisonment e. Trespass
11. _____ Restraint of a person in a bounded area without justification or consent.
a. Assault b. Battery c. Defamation d. False Imprisonment e. Trespass
12. _____ Injuring the reputation of another by publicly making untrue statements.
a. Assault b. Battery c. Defamation d. False Imprisonment e. Trespass
13. _____ Unauthorized physical invasion of property, or remaining on the property after
permission has been rescinded. a. Assault b. Battery c. Defamation d. False Imprisonment e. Trespass
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Answer the following True/False Questions 14. _____ Required elements of Probable Cause are the apparent facts that are discovered
through logical inquiry that would lead a reasonable person to believe that an a person has committed a crime. a. True b. False
15. _____ Invasion of Privacy is the intrusion into the personal life of another, with just cause,
which can give the person whose privacy has been invaded the right to bring a lawsuit. a. True b. False
16. _____ Intentional infliction of emotional distress (IIED) is a claim that requires proof of
physical trauma. a. True b. False
17. _____ The Categories of Civil Liability include Intentional Tort, Negligence Tort, Strict
Liability, and Probable Cause. a. True b. False
18. _____ The Elements of a Negligent Tort include the existence of a duty, the foreseeability of
the likelihood of injury occurring, the failure to meet a reasonable standard of care, and proximate results of the injury and Injury or damages. a. True b. False
19. _____ Malicious Prosecution is brought by one against whom a civil suit or criminal
proceeding has been successfully commenced with probable cause. a. True b. False
20. _____ Battery is an intentionally harmful act that includes the offensive touching of another
person. a. True b. False
11 Copyright Texas Education Agency, 2011. All rights reserved.
Civil Law in Security Services Exam Key
1. c 2. a 3. d 4. b 5. c 6. b 7. a 8. d 9. b 10. a 11. d 12. c 13. e 14. a 15. b 16. b 17. b 18. a 19. b 20. a
12 Copyright Texas Education Agency, 2011. All rights reserved.
Name:_____________________________________Date:_____________________________
Civil Law in Security Crossword Puzzle
4
6
5
10
14
7
11 3 2 8
1
12 9
15
13
16
Across:
1. Potential responsibility for payment of damages or other court-enforcement in a lawsuit.
3. A civil court action in which it is alleged that the tort feasor, by his or her actions, caused the death of a person.
5. The intrusion into the personal life of another without just cause.
7. Intentionally harmful or otherwise offensive touching of another person.
9. Intentionally causing fear, or imminent, harmful, or offensive touching, but without touching or physical contact.
12. Willful acts, even those acts that a person honestly believed he or she could lawfully commit.
13. An individual who commits a tort.
15. Apparent facts discovered through logical inquiry that would lead a reasonably intelligent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution.
16. An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without probable cause and for a purpose other than that of bringing the alleged offender to justice.
Down:
2. The obligation not to injure another person or damage another persons property.
4. Injuring the reputation of another by publicly making untrue statements.
6. A civil wrong for which a private party may sue for restitution.
8. The unauthorized physical invasion of property or remaining on the property after permission has been rescinded.
10. Require a violation of a standard of care, the breech of a duty, foreseeability, and damages or injuries.
11. Liability without fault.
14. A restraint of a person in a bounded area without justification or consent.
13 Copyright Texas Education Agency, 2011. All rights reserved.
Civil Law in Security Crossword Puzzle Key
4D
6T E
5I N V A S I O N O F P R I V A C Y
R A 10N
14F T M E
A 7B A T T E R Y G
L T L
S I I
E 11S 3W R O N G F U L 2D E A 8T H G
I T N U R E
M R T E N
P 1C I V I L L I A B I L I T Y S C
R C P E
12I N T E N T I O N A L T O R T S 9A S S A U L T
S L S O
O I 15P R O B A B L E C A U S E R
N A T
M B 13T O R T F E A S O R
E I
N 16M A L I C I O U S P R O S E C U T I O N
T I
T
Y
Across:
1. Potential responsibility for payment... (civil liability)
3. A civil court action in which it is... (wrongful death)
5. The intrusion into the personal life... (invasion of privacy)
7. Intentionally harmful or otherwise offensive... (battery)
9. Intentionally causing fear, or... (assault)
12. Willful acts, even ones that a person... (intentional torts)
13. An individual who commits a tort... (tort feasor)
15. Apparent facts discovered through logical inquiry... (probable cause)
16. An action for damages brought by one against whom... (malicious prosecution)
Down:
2. The obligation not to injure... (duty)
4. Injuring the reputation of another... (defamation)
6. A civil wrong for which a private party may sue... (tort)
8. The unauthorized physical invasion... (trespass)
10. Require a violation of a standard of care... (negligence torts)
11. Liability without fault. (strict liability)
14. A restraint of a person in a bounded... (false imprisonment)
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15 Copyright Texas Education Agency, 2011. All rights reserved.
16 Copyright Texas Education Agency, 2011. All rights reserved.
Name_______________________________________ Date_______________________________
Discussion Rubric
Objectives 4 pts. Excellent
3 pts. Good
2 pts. Needs Some Improvement
1 pt. Needs Much Improvement
N/A Pts.
Participates in group discussion
Encourages others to join the conversation
Keeps the discussion progressing to achieve goals
Shares thoughts actively while offering helpful recommendations to others
Gives credit to others for their ideas
Respects the opinions of others
Involves others by asking questions or requesting input
Expresses thoughts and ideas clearly and effectively
Total Points (32 pts.)
Comments:
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Name______________________________________ Date_______________________________________
Individual Work Rubric
Objectives 4 pts. Excellent
3 pts. Good
2 pts. Needs Some Improvement
1 pt. Needs Much Improvement N/A Pts.
Follows directions Student completed the work as directed, following the directions given, in order and to the level of quality indicated
Time management Student used time wisely and remained on task 100% of the time
Organization Student kept notes and materials in a neat, legible, and organized manner. Information was readily retrieved
Evidence of learning Student documented information in his or her own words and can accurately answer questions related to the information retrieved
*Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information
Total Points (20 pts.)
Comments:
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Name:____________________________________ Date:_____________________________
Presentation Rubric
Comments:
Objectives 4 pts. Excellent
3 pts. Good
2 pts. Needs Some Improvement
1 pt. Needs Much Improvement
N/A Pts.
Topic/Content
Topic discussed completely and in-depth
Includes properly cited sources (if used)
Creativity/Neatness
Integrates a variety of multimedia effects to create a professional presentation (transition and graphics) or appropriate visual aid used
Title slide, table of contents, bibliography are included, using acceptable format
Mechanics
Grammar, spelling, punctuation, and capitalization are correct
Image and font size are legible to the entire audience
Oral Presentation
Communicates with enthusiasm and eye contact
Voice delivery and projection are dynamic and audible
Audience Interaction
Presentation holds audiences attention and relates a clear message
Clearly and effectively communicates the content throughout the presentation
Total Points (20 pts.)
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Name______________________________________ Date_______________________________________
Research Rubric
Objectives 4 pts. Excellent
3 pts. Good
2 pts. Needs Some Improvement
1 pt. Needs Much Improvement N/A Pts.
Question/goal Student identified and communicated a question or goal of the research
Research/Gathering information (if relevant) Student used a variety of methods and sources to gather information. Student took notes while gathering information
Conclusion/Summary Student drew insightful conclusions and observations from the information gathered. Information is organized in a logical manner
Communication Student communicated the information gathered and summary or conclusions persuasively. Student demonstrated skill in the use of media used to communicate the results of research
Reflection Student reflected on the importance of the research and its potential application
Total Points (20 pts.)
Comments:
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Name:____________________________________ Date:_____________________________
Role Play Rubric
Comments:
Objectives 4 pts. Excellent
3 pts. Good
2 pts. Needs Some Improvement
1 pt. Needs Much Improvement
N/A Pts.
Relates to the audience
Provides a fluent rendition of the scenario
Includes all required content
Acts with feeling and expression
Varies intonation
Presents characters appropriately
Gives the scenario its full range
Breaches are easily identified
Total Points (32 pts.)
Civil LawCivil Law in Security Services Key TermsCivil Law in Security Services ExamCivil Law in Security Services Exam KeyCivil Law in Security Crossword PuzzleCivil Law in Security Crossword Puzzle KeyCivil Law Venn DiagramCivil Law Venn Diagram KeyDiscussion RubricIndividual Work RubricPresentation RubricResearch RubricRole Play Rubric