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
person’s 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
1
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J.
K.
L.
M.
N.
O.
P.
Q.
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 – refers to 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 – 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
Trespass – the unauthorized physical invasion of property, or
remaining on the property after permission has been rescinded
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
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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 plaintiff’s 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
4
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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/Officer’s 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
5
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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.
6
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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 person’s 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
7
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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 person’s 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
10
Copyright © Texas Education Agency, 2011. All rights reserved.
Civil Law in Security Services Exam Key
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
c
a
d
b
c
b
a
d
b
a
d
c
e
a
b
b
b
a
b
a
11
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:
Down:
1. Potential responsibility for payment of damages or other courtenforcement in a lawsuit.
2. The obligation not to injure another person or damage another
person’s property.
3. A civil court action in which it is alleged that the tort feasor, by his or 4. Injuring the reputation of another by publicly making untrue
her actions, caused the death of a person.
statements.
5. The intrusion into the personal life of another without just cause.
6. A civil wrong for which a private party may sue for restitution.
7. Intentionally harmful or otherwise offensive touching of another
person.
8. The unauthorized physical invasion of property or remaining on the
property after permission has been rescinded.
9. Intentionally causing fear, or imminent, harmful, or offensive
touching, but without touching or physical contact.
10. Require a violation of a standard of care, the breech of a duty,
foreseeability, and damages or injuries.
12. Willful acts, even those acts that a person honestly believed he or
she could lawfully commit.
11. Liability without fault.
13. An individual who commits a tort.
14. A restraint of a person in a bounded area without justification or
consent.
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.
12
Copyright © Texas Education Agency, 2011. All rights reserved.
Civil Law in Security Crossword Puzzle Key
4D
6T
5I
N
V
A
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I
14F
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N
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A
T
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A
7B
A
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10N
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T
T
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G
L
T
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11S
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1C
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12I N
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F
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A
B
I
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2D
E
A
T
E
N
T
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A
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A
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16M A
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8T
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C
P
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3W R
9A
S
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A
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15P R
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B
A
B
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13T O
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A
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Y
Across:
Down:
1. Potential responsibility for payment... (civil liability)
2. The obligation not to injure... (duty)
3. A civil court action in which it is... (wrongful death)
4. Injuring the reputation of another... (defamation)
5. The intrusion into the personal life... (invasion of privacy)
6. A civil wrong for which a private party may sue... (tort)
7. Intentionally harmful or otherwise offensive... (battery)
8. The unauthorized physical invasion... (trespass)
9. Intentionally causing fear, or... (assault)
10. Require a violation of a standard of care... (negligence torts)
12. Willful acts, even ones that a person... (intentional torts)
11. Liability without fault. (strict liability)
13. An individual who commits a tort... (tort feasor)
14. A restraint of a person in a bounded... (false imprisonment)
15. Apparent facts discovered through logical inquiry... (probable
cause)
16. An action for damages brought by one against whom... (malicious
prosecution)
13
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14
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15
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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:
16
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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:
17
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Name:____________________________________
Date:_____________________________
Presentation Rubric
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 audience’s attention
and relates a clear message
 Clearly and effectively communicates the
content throughout the presentation
Total Points (20 pts.)
Comments:
18
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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:
19
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Name:____________________________________
Date:_____________________________
Role Play Rubric
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.)
Comments:
20
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