Civil Law - data.cteunt.orgdata.cteunt.org/.../5-01-civil-law/5.01-sec-civil-law.pdf · For...

1 Copyright Texas Education Agency, 2011. All rights reserved.

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


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)


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


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


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/


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.


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


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


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


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


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


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.


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)


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:


Name______________________________________ Date_______________________________________

Individual Work Rubric


3 pts. Good


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


Comments:


Name:____________________________________ Date:_____________________________

Presentation Rubric

Comments:


3 pts. Good



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



Name______________________________________ Date_______________________________________

Research Rubric


3 pts. Good


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


Comments:


Name:____________________________________ Date:_____________________________

Role Play Rubric

Comments:


3 pts. Good



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


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

Civil Law - data.cteunt.orgdata.cteunt.org/.../5-01-civil-law/5.01-sec-civil-law.pdf · For...

Documents

Transcript of Civil Law - data.cteunt.orgdata.cteunt.org/.../5-01-civil-law/5.01-sec-civil-law.pdf · For...