GPSTC INSTRUCTOR TRAINING - LATEST UPDATE

GPSTC INSTRUCTOR TRAINING - LATEST UPDATE Crime - CORRECT ANSWER An act committed or omitted in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction. Burden of Proof for Criminal Liability - CORRECT ANSWER Prove beyond a reasonable doubt that the accused did commit the act and did so willfully and with intent. Torts - CORRECT ANSWER A private or civil wrong, other than a breach of contract, in which the action of one person causes injury to the person or property of another in violation of a legal duty imposed by law. Burden of Proof - Torts - CORRECT ANSWER Preponderance of the evidence. Penalties for Civil Liability - CORRECT ANSWER Compensatory Damages and Punitive Damages Compensatory Damages - CORRECT ANSWER They reimburse the plaintiff for actual losses Punitive Damages - CORRECT ANSWER Monetary awards designed to punish the defendant for unlawful behavior. Categories of Torts - CORRECT ANSWER Intentional, Negligent, Constitutional Intentional Tort - CORRECT ANSWER A voluntary intention on the part of a person to bring physical or mental harm upon another person. Negligent Tort - CORRECT ANSWER Arise from the fact that our society imposes a duty upon individuals to conduct their affairs in a manner which will avoid subjecting others to an unreasonable risk of harm. Constitutional Tort - CORRECT ANSWER Arise out of guarantees afforded to us in the U.S. Constitution Title 42, U.S. Code, Section 1983 - CORRECT ANSWER Law enforcement can be liable for depriving someone or their civil rights. - Acting under color of law - Alleged deprivation of rights secured by the constitution and laws - Liable only for intentional torts or acts of gross negligence; evil motive or intent or reckless or callous indifference Simple Negligence - CORRECT ANSWER Failure to use that degree of care that an ordinary prudent person would use in like circumstances Gross Negligence - CORRECT ANSWER Failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another Willful Negligence - CORRECT ANSWER Intentional act of unreasonable character in disregard of a known risk so obvious that the actor must have been aware of it and so great as to make it highly probable that harm would follow Requirements to Prevail in a Tort Action - CORRECT ANSWER 1.) A legal duty requiring one to conduct him/her self-according to a certain standard must exist 2.) A failure to conform (deviate) conduct to this standard must exist 3.) Direct (proximate) cause which is a sufficiently close link between the act of negligence and the harm suffered by another must exist 4.) Damage results must be suffered by another. ***Almost all training liability is based on negligence law*** Negligent Training - CORRECT ANSWER Failure to train at all, which courts presume to be gross negligence, or training which is conducted improperly. Training which does exist may be either poorly designed or poorly executed Negligent Supervision - CORRECT ANSWER Failure on your part to coordinate, control or direct trainee conduct which may cause an injury Negligent Entrustment - CORRECT ANSWER Failure to control dangerous equipment or devices which are entrusted to trainees Negligent Retention - CORRECT ANSWER Failure on your part to take action when you have (or should have) determined a trainee is unsuitable to continue, or the magnitude of that trainee's acts demonstrate they are a foreseeable danger Causes of Action for Which Instructors May Be Found Liable - CORRECT ANSWER 1.) Negligent Training 2.) Negligent Entrustment 3.) Negligent Supervision 4.) Negligent Retention Equal Employment Opportunity Commission (EEOC) - CORRECT ANSWER Makes it unlawful for an employer to discriminate based on race, color, religion, sex or national origin