LSBPIE TEST
Under the Fourth Amendment, there is a presumption in favor of requiring law enforcement officials to obtain a warrant from a neutral and detached magistrate before executing a search and seizure. however, there are numerous exceptions to this warrant requirement which include: a. plain view doctrine; auto exception; search made in hot pursuit; searches incident to lawful arrest; consent; exigent circumstances b. plain view doctrine; auto exceptions; searches made in hot pursuit; searches incident to unlawful arrest; consent; exigent circumstances c. plain view doctrine auto exception; searches made in hot pursuit; searches incident to lawful arrest searches without consent; exigent circumstances.
A.
A private investigator must renew his license every______ and complete ______ hours of continuing education every two years. A. Two years; 10 B. Year; 8 C. Year; 12 D. Two year; 8 E. Two year; 16
B.
Article III of the US Constitution vests judicial power in the federal courts and requires the exisitence of ____ a. three levels of courts b. supreme court c. court of appeals and supreme court d. district courts and courts of appeals e. district courts, courts of appeals, and supreme courts
B.
Clerk of COurt may seek destruction of certain judicial proceedings with the consent of he judge or majority of judges when the presiding judge has deemed the record has no further value and after a period of ___ years has elapsed from the date of action on the record. a. 5 b. 10 c. 3 d. 4 e. 8
B.
In a federal criminal trial, the magistrate judge to whom an indictment is returned may direct that the indictment be kept secret until the defendant is in custody or has been released pending trial is called an/a _________________ a. special indictment b. sealed indictment c. uncover indictment d. partial indictment e. preliminary indictment
B.
A journeyman identification car shall have the words "_____" oriented on the face of the card. a. not an agency b. not an apprentice c. contract investigator only d. employee only e. not an individual
A.
A party who is not satisfied with all or part of the decision rendered by the trial court may seek an appeal in one of the five circuits in LA. the location of the appellate court for the appeal is determined by the _____ of the trial court. a. judicial district b. voting district c. census district d. utilities district e. None of the above
A.
According to the pi law, only this type of license holder may conduct work directly for the general public A. Agency B. Apprentice C. Journeyman D. Contractor E. IndividUal
A.
IN Federal court, the party bringing a civil action is known as the _____________. a. complainant b. prosecutor c. district attorney d. attorney general e. none of the above
A.
In federal court, the ____ govern the procedure in all civil actions and proceedings in the US district courts, except as stated in FRCP Rule 81. a. LA Code of Civil Procedure b. Federal Rules of Civil Procedure c. Federal Rules of Appellate Procedure d. Federal Rules of Criminal Procedure e. LA Code of Criminal Procedure
B.
The LA Court of Appeals explicitly noted that ____ is merely a secondary source of law that is not as authoritative as stare decisis a. canon law b. jurisprudence constante c. precedent d. case law e. None of the above
B.
A person licensed by the LSBPSE only when investigating at his place of employment during the performance of his duties pursuant to law shall not be included under the definition of PI and is not required to obtain a PI form the LSBPIE T/F
T.
The Sixth Amendment right to counsel applies to efforts by the police to deliberately elicit statements from the accused after ___________ a. Miranda rights have been read to the accused. b. formal criminal proceedings have been initiated c. arrest and before formal criminal proceedings have been initiated d. accused is in custody and booked by the police before criminal proceedings have been initiated e. None of the above
B.
The ___ Clause is generally invoked in the enforcement of judgments between states. a. supremacy b. full faith and credit c. commerce d. spending and tax e. dormant commerce
B.
The ____ set forth the rules which have been adopted or amended by Louisiana state agencies a. LA Civil Code b. LA Admin Code c. LA mineral COde d. LA Crimnial Cade e. LA Code of Civil Procedure
B.
The federal district courts authority to hear and decide civil cases involving plaintiffs and defendants who are citizens of different states (or US citizens and foreign nationals) and claims in controversy exceeds $75,000 is called _______. a. federal question b. diversity jurisdiction c. incorporation d, selective jurisdiction e. special jurisdiction
B.
An investigator shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation and except as stated in Subsection B of Section 709. T/F
T.
Any licensed PI may voluntarily inform the board by mail of a substance abuse problem with adverse action taken by the board but the PI is subject to the board's recommendation to enter a substance abuse facility. T/F
T.
Under the Louisiana private investigator law, the Louisiana state board of private investigators examiner's is authorized to issue the following types of license: A. Agency, individual, contractor, journeyman B. Apprentice, individual, agency, journeyman C. Agency, individual, apprentice, contractor D. Journeyman, contractor, agency, individual E. Qualifying agent, contractor, journeyman, individual
B.
What license types listed below must meet the minimum requirements by statute, complete the 40 hour training course and pass the exam prior to licensing? A. Apprentice and Individual B. Individual and Agency C. Journeyman and Apprentice D. Contractor and Individual E. Contractor and Apprentice
B.
When the LSBPIE board meets,_______ members constitute a quorum for all purposes including the hanging or issuance of license and the rulemaking and adjudicative functions of the board. A. 3 B. 4 C. 5 D. 6 E. 7
B.
Within ____ hours after receipt of the license certificate, the licensee shall cause the license certification to be listed and to be displayed at all times in a conspicuous place in the principal officer of the licensee within the state A. 48 B. 72 C. 24 D. 36
B.
_______ IS REQUIRED FOR LAW ENFORCEMENT TO OBTAIN EITHER A SEARCH ARRANT OR ARREST WARRANT a. reasonable suspicion b. probable cause c. probable suspicion d. reasonable cause e. none of the above
B.
__________ is a method for determining the constitutional validity of a law, whereby the government's interest in the law and its purpose is balanced against an individuals constitutional right is affects by the law a. reasonableness of state action test b. compelling state interest test c. rational state action test d. fairness state action test e. rational relationship test
B.
If the person or firm to whom a cede and desist order does not cease and desist the prohibited activity, conduct, or practice prohibted by the Louisiana private investigator law within _____ days from service of such cease and desist order by certified mail, the board may seek, in any court of competent jurisdiction and proper venue,a writ of injunction enjoying the person or firm from engaging in the activity, conduct or practice. A.2 B.10 C.15 D.30 E.20
A.
In a civil case, a jury must base its decisions or verdict on a _______ meaning that once party's story seems more true than not. a. preponderance of evidence b. clear and convincing evidence c. reasonable doubt d. prudent person e. reasonable prudent person
A.
La licensed pi may request a black and white driver's license photo of a person from the office of motor vehicles for 3 circumstance when conducting investigations 1. an attorney, 2. an insurance company or 3. ____ a. permission granted from the person authorizing release of their information to the investigator b. an individual for purposed of adultery c. consent granted by the spouse of the person authorizing release of the information to the investigator d. both a and c. e. both a and b
A.
The US Supreme Court has developed three primary levels of scrutiny: strict Scrutiny, intermediate scrutiny, and _____ a. rational relationship test b. reasonable test c. fair play and substantial justice test d. bottom level scrutiny e. reasonableness and compelling interest test
A.
The individual having prima facie responsibility and liability for a branch office is called the _______. A. branch manager B. qualifying agent c. branch investigator d. qualifying member or manager e. executive manager
A.
The registration cards issued by the board shall be valid for ______ a. 1 year b. 2 years c. 3 years d. 4 years e. 5 years
A.
__________________Is the theory of governmental power and functions whereby each branch of government had the ability to counter the actions of any other branch so that no single branch can control the entire government a. separation of powers b. three branches of government c. separation of church and state d. checks and balances e. separation of constitutional authority
D.
If applicant is applying for an agency license, the applicant shall meet the following requirements: A. Minimum quantification of licensing, completed the 40 hour course and pass exam B. Must have the heads of investigative experience within the last ten years either working as a pi or' an investigative capacity, and satisfies all other requirements for licencing C. Must have the years if supervisory experience in the field of private investigators D. Both a and c E. Both a and b
E.
If a sale, assignment, transfer , merger, or consolidation of a business licensed under this chapter is completed, the purchaser , assignee, transferee, or surviving or new corp., who is not already licensed shall immediately apply for a license on a form prescribed by the board which shall include the general information required by the chapter t/f
T.
In State v. Madison, the LA supreme court announced that when an indigent defendant's legally appointed defense attorney cannot secure information on which to construct a defense, the indigent defendant may have a right to a PI T/F
T.
In identification procedures, the Supreme Court has recognized a right to counsel in lineups that occur after indictments. However, this right to counsel does not extend to lineups before indictments or photo identification procedures. T/F
T.
In the client-private investigator relationship, competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the investigation T/F
T.
Individual have a reasonable expectation of privacy in their homes under the fourth Amendment. T/F
T.
Under Miranda v. Arizona, Miranda warnings must be given when anyone is in custody by a government agent accused of a crime and prior to an interrogation. T/F
T.
Under Rs 14: 323 the LA Tracking Device law, when the parents of the minor child are living separate and apart or are divorce from one another , the exception allowing a parent to monitor a minor child shall apply only if both parents consent to the tracking of the minor childs's location or movements unless one parent has been granted sole custody in which case consent of the non-custodial parent shall not be required t/f
T.
Video surveillance by private parties such as investigator does not implicate the fourth Amendment because the Constitution applies to the government entities. T/F
T.
When advertising years of experience in the private investigative industry, the ad must indicate if it is a total number of years for one certain investigator or a combined total of all investigators T/F
T.
the use of a PI badge shall be optional T/F
T.
In addition to the requirements for licensing renewal set forth in RS 37:3517, applicants for licensing renewal shall be required to submit a certification to the board that the applicant for license renewal has not been _______. the fee notice sent out for licensing shall contain this certification. A. fired from a pi agency b. convicted of a felony or misdemeanor or DWI during the past year c. arrested by the police for any reason d. arrested or convicted of a felony during the past year e. convicted of a felony during the past year
E.
No person shall make an application to the board as a/an ___ unless that person intends to maintain and does maintain that supervisory position on a regular full-time basis in a Pi company a. journeyman b. branch manager c. contractor d. apprentice e. qualifying agent
E.
The Miranda warnings include the two substantive protections of: a. the right to remain silent and right to fair trial b. the right to a fair trial and the right to assistance of counsel c. the right to a speedy trial and the right to assistance of counsel d. the right to remain silent and the right to a fair and speedy trial e. the right to remain silent and the right to assistance of counsel
E.
The ___________ is the supreme law of the land a. US Supreme Court b. LA Constitution c. LA Civil Code d. US Declaration of Independence e. US Constitution
E.
The ____________ is the lowest level of the federal court system a. appeal court b. circuit court c. court of appeal d. bankruptcy court e. district court
E.
The board may refuse to issue or may suspend, revoke or impose a probationary period on any license issued by LSBPIE for good cause shown which shall include the following: A. Conviction of a felony or entry if a plea of guilty or nolo contendre to a felony charge under the laws of the United States or of any state B. Deceit our perjury in obtain any certificate or license under the pi law C. Applicant is found by a court of competent jurisdiction to be unworthy as a successor D. Both a and c E. Both a and b
E.
The licensee shall notify the board within _____ days of any ,changes in its officers, directors, or material change in information previously furnished or required to be furnished to the board, or of any oxidant which could reasonably be expected to affect the licensee right to a license under this chapter. A. 180 B. 120 C. 90 D. 60 E. 30
E.
WHen a contract is offered by a PI to a client, the contract shall contain: A. schedule of fees to be charged; signature of client of two witnesses; purpose and scope of investigation B. schedule of fees to be charged; signature of client, signature of two witnesses before a notary public; purpose and scope of investigation c. schedule of fees to be charged; signature of client signature of two witnesses; purpose and scope of investigation; signature of board member d. schedule of fees to be charges, signature of client; signature of one witness; purposes and scope of investigation e. schedule of board license fees; signature of client; signature of two witnesses; purpose and scope of investigation
A.
______ means the chief administrative officer of the board A. Executive director B. Chairman of the board C. Investigative officer D. Chairman and vice chairman of the board E. Secretary of the board
A.
____________ is a preliminary examination of a prospective juror by a judge or lawyer to decide whether the prospect is qualified and suitable to serve on a jury. a. voir dire b. preliminary examination of witness c. sworn statement d. oath of juror e. juror confirmation
A.
the US supreme court can declare a statute or part of it unconstitutional through its power of _______ a. judicial review b. supreme law of the land c. the high court d. veto e. pocket veto
A.
A _____ vote of the board shall be required for the revocation for the revocation of any license, a. full b. minority c. majority d. special e. unanimous
C.
After ___ years from the date of final dismissal of the proceeding, the CLerk may destroy parts of the record limited to depositions, subpoenas duces tecum, medical records and ex-rays. a. 3 b. 4 c. 5 d. 10 e. 2
C.
An Investigator shall, prior to advertising a certification, furnish the LSBPI with a copy of their _____ and ______ A. Certificate and name of certifying agency B. Certificate and date of certification program C. Certificate and certification number D. Certificate and state of issuance E. Certificate and certification number or state of issuance
C.
Any complaint to the board must be: A. Made by a party with standing to bring a complaint against a licensed private investigator that is recognized as a cause of action under Louisiana Law B. made in writing and within 30 days of the cause of action giving rise to a complaint C. in writing, signed by the individual making said complaint and include an appropriate means by which to contact said individual for investigative purposes D. submitted to the board's investigative officer on the proper complaint forms E. within the prescriptive period allowed by Louisiana law or the action is barred
C.
At this level of LA Courtsm witnesses testify, evidence is presented, and a judge or jury renders a verdict. Whiat is this LA court called? a. Us Western District Court b. Appellate Court c. Trial Court or Distirct Court d. Superior Court e. None of the Above
C.
In a Federal court, a civil action is commenced by the filing of a __________ a. bill of information b. rule to show cause c. complaint d. third party demand e. request for admissions
C.
In criminal cases, the standard of proof is ___ which means the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime. a. preponderance of the evidence b. clear and convincing evidence c. beyond a reasonable doubt d. good cause e. clear and convincing evidence
C.
The First amendments of the US Constitution does not protect the following categories of speech: a. fighting words, obscenities, political speech and speech that produces immanent lawless action b. fighting words, obscenity, political speech, hate speech, symbolic speech and speech that produces immanent lawless action c. fighting words, obscenity, and speech that produces immanent lawless action d. fighting words, obscenity political speech, symbolic speech and speech that produces immanent lawless action e. fighting words, obscenity, political speech, hate speech and speech that produces immanent lawless action
C.
The LSBPIE is composed of________ members A. 5 B. 6 C. 7 D. 8 E. 9
C.
The La ___ prescribes the rules of evidence to determine questions of fact in all contradictory civil and criminal proceedings and the scope of testimonial privileges, a. civil code b. civil code of procedure c. code of evidence d. criminal code of procedure e. mineral code
C.
The La high court or court of last resort is called the ___. a. US Eastern disctrict Court b. Fifth Cicuit Court of Appeal c. LA supreme Court d. Superior Court e. US SUperior COurt
C.
The ___ is considered the court of last resort in the federal system a. court of appeal b. district court c. us supreme court d. la supreme court e. district superior court
C.
The board shall deny the application for a license if it finds that the applicant , or the qualifying agent or ____ have committed any of the following: violated any provisions of the chapter or the rules and regulations promulgated by the board; practiced fraud, deceit or misrepresentation knowingly made a material misstatement in the application for a license; failed to meet the qualifications of this chapter convicted of a felony. a. any of the applicant's relatives in the first degree b, any of the applicants employees or shareholders c. any of the applicants owners, partners or principal corporate officers d. any of the applicants descendants or children e. both B and C
C.
The federal district courts in LA are divided into the following 3 districts: a. first, second, and third b. eastern, western, and northern c, eastern, middle and western d. eastern southern and northern e. western southeastern and northern
C.
Under RS 37: 3514 the board may refuse to renew a registration card and shall promptly notify the cardholder of its intent to refuse renewal and the cardholder, within ___ days after receipt of such notice, may request a hearing on the refusal to renew the registration card. a. 5 b. 10 c. 15 d. 30 e. 60
C.
The __________________ govern the procedure in all criminal proceedings in the US district courts, the US courts of appeals, and the Supreme Court of the US. a. Louisiana Code of Civil Procedure B. Federal Rules of Civil Procedure C. Federal Rules of appellate procedure D. Federal Rules of Criminal Procedure E. Louisiana Code of Criminal Procedure
D.
Under RS 37:3515 the board shall approve all training programs and all training required by LA laws shall be administered by a licensee who 1. Is approved by the board 2. Meets the requirements of an applicant by RS 37:3507 and 3. ___________ A. Has a min. Of 3 years of private investigative experience within the last 10 years B. Has a min. Of 3 years supervisory experience with a contract investigator company or propriety investigator organization within the last 10 years C. Has a min. Of three years supervisory experience with a contract investigator company or propriety investigator organization D. Has a min. Of 5 years supervisory experience with a contract investigator company or propriety investigator organization
C.
When a jury is present in a civil case, the jury decide the ______ and the judge determines the law a. new law b. custom c. facts d. statutory interpretation e. none of the above
C.
When representation of multiple clients in a single matter is undertaken, the consultation shall include explanation of the implication of the common representation and _______ a. the disadvantages involved only b. the risks involved only c. the disadvantages and risks involved d. the court authorizes the representation after hearing e. the disadvantages and risks involved after a contradictory hearing
C.
Which federal circuit court of appeal is the State of Louisiana located. A. 3rd B. 4th C. 5th D. Eastern E. 2nd
C.
____ is a long standing practice which can differ in a particular areas within the state a. civil law b. common law c. custom d. legislation e. statutes
C.
Under RS 37:3508 , within ________ days after receipt of an application, the board shall either issues to the applicant or notify him of a denial of the license application A. 15 B. 29 C. 25 D.60 E. 90
D.
____ Courts have exclusively jurisdictions over delinquency cases involving minors under the age of 17 with the exception of certain felony offenses for which 15 or 16 year olds may be transferred over to district courts. a. district b. superior c. appeal d. juvenile e. justice of the peace
D.
All records and repots regarding proceedings before a ___ court are confidential and shall not be disclosed except for traffic violations or matter expressly provided by law. a/ district b. superior c. justice of the peace d. juvenile e. supreme
D.
An investigator who has formerly represented a client in a matter shall not thereafter: A. represent another person in the same or a substantially related matter in which that person's interest are materially adverse to the interest of the former client unless the former client hires an attorney B. Represent another person in the same or a substantially related matter in which that person's interest are materially adverse to the interest of the former clients unless the former client consents after consultation C. use information relating to the representation to the disadvantage of the former client except when the information derived from independent sources has become generally known D. both B and C E. bot A. and B.
D.
Any license who wishes to apply for an extension of time to complete investigative educational instruction requirements must submit _______ of the LSBPIE 30 days prior to,the license renewal date. A. A signed written request setting forth the reasons for the extension request to the training committee chairman by certified mail, return receipt requested B. A written,request setting forth the reasons for the extension request to the executive director or the investigatory officer for the board C. A written or oral request for extension of time to the board office D. A signed written request setting forth the reasons for the extension request to the executive director E. Written proof that a continuing education course scheduled prior to your renewal date was cancelled
D.
Each agency employing the services of a journeyman shall devise the activities of free journeyman in the same manner as an apprentice or individual license holder and_________ A. Have a signed contract executed by the journeyman to avoid conflicts of interest that may arise in investigations conducted by the journeyman for different agencies B. Require the journeyman to obtain an individual license under the sponsoring agency for the purposes of issuance coverage C. Provide field training related to the skill required for particular investigation D. Maintain and provide upon request of journeyman or board, the total number of hours worked each year E. Maintain and provide upon request of the board only, the total number of hours weekend each year
D.
If a license is not renewed within ____ days after the expiration date; it shall be deemed to have lapsed and to be invalid a. 15 b. 20 c. 25 d. 30 e. 60
D.
If the applicant provides information to allow the board to ascertain whether the applicant satisfies the qualification for licensure, the applicant shall be required to provide additional information for the purpose of the application or _______ a. may be required to present his attorney to answer questions of the board b. may be required to submit to an additional LSP background check with new finger print card c. may be required to submit to a deposition or other form of sworn testimony d. may be required to present himself for an interview for this purpose e. both b and d
D.
In LA, the COurts of Appeal are divided into ____ Circuits, a. 4. b. 3. c. 7 d. 5 e. 6
D.
In LA, the Civil COde4 recognizes two primary sources of law which are ____ and ___ a. federal and state laws b. Custom and Common Law c. Common Law and federal Statutes d. legislation and custom e. statues and legislation
D.
In federal court, when a jury is not present, the judge is both trier of _____ and the determiner of law. a. contradictory llaws b. irrelevant facts c. material cause of action d. facts e. good cause
D.
Invocation of the MIRANDA right to remain silent and the right to counsel: a. must be expressly and unambiguously b. can be implied from the surrounding circumstances c. meand that police must cease their interrogation d. both a and c. e. both b and c
D.
The LA ___ is a consolidation of procedural laws applicable and related to adult criminal proceedings and prosecutions. a. civil code b. civil code of procedure c. code of evidence d. criminal code of procedure e. mineral code
D.
The LSBPIE board shall deny a private investigator license to an applicant who was not convicted of any felonies but the applicants was convicted of a misdemeanor that is considered a crime of ____ A. violence B. battery or assault c. self defense d. moral turpitude e. DWI or any substance abuse related crime
D.
The ___ has complete control of every criminal prosecution instituted or pending in his judicial disctrict and determines whom, when and how to prosecute each case subject to the supervision of the attorney general. a. judge b. chief justice c. defense attorney d. district attorney e. magistrate
D.
The ____ CLause of the Fourteenth Amendment is also the means through which many of the protections of the Bill of Rights, which standing alone applies only to the federal government, have been applied to the states. a. Equal Protection b. Commerce c. Dormant Commerce d. Due Process e. Necessary and Proper
D.
A licensed PI is automatically exempt from all federal and state laws which would hinder or obstruct any private investigation T/F
F.
As part of a "pre-text", a licensed private investigator who is working for defense counsel may contact and interview opposing parties who are represented by an attorney in a pending litigation with out consent from the plaintiff's attorney. T/F
F.
PI are considered law enforcement officers, and therefore are bound by the Fourth Amendment. T/F
F.
The Court of Appeal may not certify a question of law and refer the matter directly to the LA Supreme Court T/F
F.
The LA supreme Court is the highest court in the federal legal system. T/F
F.
The PI rules and regulations authorized by RS 37:3524 must be adopted by the Board in accordance with the Admin. Procedure Act and must be passed by a majority vote of the LA legislature. T/F
F.
The board may not refuse to issue a license for good cause shown T/F
F.
Upon initial contact from a private citizen, a contract must be offered on all matter by the PI. T/F
F.
When a judgement is properly rendered in a legal case, the partied may not seek recognition of that judgment in another jurisdiction. T/F
F.
it shall not be unlawful for any pi knowingly to make any statement which would reasonably cause another person to believe that the pi functions as a sworn peace officer or other official of the state or od any of it political subdivisions or an agency of the federal government. t/f
F.