Instructor Training – GPSTC Exam Questions and
Correct Answers| Updated
Crime
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
Prove beyond a reasonable doubt that the accused did commit the act and did so
willfully and with intent.
Torts
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
Preponderance of the evidence.
Penalties for Civil Liability
Compensatory Damages and Punitive Damages
Compensatory Damages
,They reimburse the plaintiff for actual losses
Punitive Damages
Monetary awards designed to punish the defendant for unlawful behavior.
Categories of Torts
Intentional, Negligent, Constitutional
Intentional Tort
A voluntary intention on the part of a person to bring physical or mental harm
upon another person.
Negligent Tort
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
Arise out of guarantees afforded to us in the U.S. Constitution
Title 42, U.S. Code, Section 1983
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
Failure to use that degree of care that an ordinary prudent person would use in
like circumstances
Gross Negligence
Failure to perform a manifest duty in reckless disregard of the consequences as
affecting the life or property of another
Willful Negligence
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
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
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
Failure on your part to coordinate, control or direct trainee conduct which may
cause an injury
Negligent Entrustment
Failure to control dangerous equipment or devices which are entrusted to trainees
Negligent Retention
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
1.) Negligent Training
2.) Negligent Entrustment
3.) Negligent Supervision
4.) Negligent Retention
Equal Employment Opportunity Commission (EEOC)
Correct Answers| Updated
Crime
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
Prove beyond a reasonable doubt that the accused did commit the act and did so
willfully and with intent.
Torts
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
Preponderance of the evidence.
Penalties for Civil Liability
Compensatory Damages and Punitive Damages
Compensatory Damages
,They reimburse the plaintiff for actual losses
Punitive Damages
Monetary awards designed to punish the defendant for unlawful behavior.
Categories of Torts
Intentional, Negligent, Constitutional
Intentional Tort
A voluntary intention on the part of a person to bring physical or mental harm
upon another person.
Negligent Tort
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
Arise out of guarantees afforded to us in the U.S. Constitution
Title 42, U.S. Code, Section 1983
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
Failure to use that degree of care that an ordinary prudent person would use in
like circumstances
Gross Negligence
Failure to perform a manifest duty in reckless disregard of the consequences as
affecting the life or property of another
Willful Negligence
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
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
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
Failure on your part to coordinate, control or direct trainee conduct which may
cause an injury
Negligent Entrustment
Failure to control dangerous equipment or devices which are entrusted to trainees
Negligent Retention
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
1.) Negligent Training
2.) Negligent Entrustment
3.) Negligent Supervision
4.) Negligent Retention
Equal Employment Opportunity Commission (EEOC)
