Legal Authority Flashcards
7 cards from real ACT practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal Authority flashcards as text
Under Act 235, which of the following persons is INELIGIBLE to apply for lethal weapons certification?
Answer: A person who has been convicted of a felony
A felony conviction disqualifies an individual from Act 235 certification, consistent with both state law and federal firearms prohibitions.
Which of the following best describes the legal concept of 'imminence' as it applies to use of deadly force?
Answer: The threat is happening right now or is about to happen immediately
Imminence requires that the threat be occurring now or be about to occur immediately — past threats or future possibilities do not satisfy this legal requirement.
An Act 235 officer uses force to detain a shoplifter. Under which legal doctrine may this detention be justified without constituting false imprisonment?
Answer: The Shopkeeper's Privilege (Merchant's Privilege)
The Shopkeeper's (Merchant's) Privilege allows a merchant or agent to briefly detain a person reasonably suspected of shoplifting for a reasonable time and in a reasonable manner.
Pennsylvania's use-of-force laws require that before resorting to deadly force, the actor must NOT have provoked the situation. What is this requirement called?
Answer: The Initial Aggressor Rule
The Initial Aggressor Rule bars a person who provoked or started the confrontation from claiming self-defense justification unless they clearly withdrew from the encounter.
Under what circumstances may an Act 235 officer use non-deadly force to prevent someone from taking or damaging property?
Answer: When the officer reasonably believes it is necessary and the amount of force used is not designed to cause death or serious bodily injury
Under 18 Pa. C.S. § 507, non-deadly force may be used to protect property when reasonably necessary, but deadly force solely to protect property is generally not permitted.
Which Pennsylvania law establishes the minimum training requirements that must be completed before an individual may carry a lethal weapon as a security officer?
Answer: Act 235 of 1974
Act 235 of 1974 (the Lethal Weapons Training Act) established the mandatory training and certification requirements for security personnel carrying lethal weapons in Pennsylvania.
A person acting under Act 235 authority who makes a lawful arrest must do which of the following?
Answer: Deliver the arrested person to a law enforcement officer or magistrate without unnecessary delay
Pennsylvania law requires that a person making a private arrest deliver the detainee to a law enforcement officer or magistrate promptly and without unnecessary delay.