Podcast
Questions and Answers
What is the primary consideration for deciding to arrest a young person without a warrant?
What is the primary consideration for deciding to arrest a young person without a warrant?
In what circumstances does the Superior Court of Justice review a lower court's decision through certiorari?
In what circumstances does the Superior Court of Justice review a lower court's decision through certiorari?
What is the purpose of Habeas Corpus as a legal action?
What is the purpose of Habeas Corpus as a legal action?
What is the purpose of a habeas corpus application?
What is the purpose of a habeas corpus application?
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What is the duty of a security guard upon making a citizen's arrest?
What is the duty of a security guard upon making a citizen's arrest?
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What justifies the use of force by a police officer or a person called for assistance?
What justifies the use of force by a police officer or a person called for assistance?
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What is the security guard's responsibility upon observing aggressive behavior?
What is the security guard's responsibility upon observing aggressive behavior?
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What is the police officer justified in doing according to the law?
What is the police officer justified in doing according to the law?
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When should the security guard call for police assistance?
When should the security guard call for police assistance?
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Study Notes
Legal Procedures for Security Guards: Arrest Without Warrant, Certiorari, and Habeas Corpus
- A person can arrest a young person without a warrant if it is necessary in the public interest to establish the young person's identity or prevent the continuation of a serious offense.
- Decision to arrest without a warrant should prioritize public safety and align with legal conditions.
- Certiorari is a legal action where the higher court reviews the lower court's decision only if a substantial wrong or miscarriage of justice has occurred.
- A security guard at an event venue witnesses an ejection and the ejected individual claims substantial wrong, leading to an application for relief in the nature of certiorari.
- The Superior Court of Justice will review the ejection decision only if there is evidence of a significant error or injustice.
- The court evaluates whether the ejection was based on valid reasons or if there was a procedural error.
- The court has the authority to amend or validate the decision and specify the effective time and terms if granting relief.
- Habeas Corpus is a legal action that compels the authority holding someone prisoner to prove the legality of the detention.
- A security guard at a shopping mall observes an arrest by law enforcement and the arrested individual claims their rights were violated during the arrest.
- The arrested individual seeks legal remedy by applying to the Superior Court of Justice for relief, claiming that their rights were infringed.
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Description
Test your knowledge of legal procedures relevant to security guards, including arrest without warrant, certiorari, and habeas corpus. Learn about the conditions and considerations for arresting individuals without a warrant, the process of seeking relief through certiorari, and the use of habeas corpus to challenge the legality of detention.