Instructor Training – GPSTC Questions And Answers Exam Review

Instructor Training – GPSTC Questions And Answers Exam Review Crime - ANS-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 - ANS-Prove beyond a reasonable doubt that the accused did commit the act and did so willfully and with intent. Torts - ANS-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 - ANS-Preponderance of the evidence. Penalties for Civil Liability - ANS-Compensatory Damages and Punitive Damages Compensatory Damages - ANS-They reimburse the plaintiff for actual losses Punitive Damages - ANS-Monetary awards designed to punish the defendant for unlawful behavior. Categories of Torts - ANS-Intentional, Negligent, Constitutional Intentional Tort - ANS-A voluntary intention on the part of a person to bring physical or mental harm upon another person. Negligent Tort - ANS-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 - ANS-Arise out of guarantees afforded to us in the U.S. Constitution Title 42, U.S. Code, Section 1983 - ANS-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 - ANS-Failure to use that degree of care that an ordinary prudent person would use in like circumstances Gross Negligence - ANS-Failure to perform a manifest duty in reckless disregard of the consequences as affecting the life or property of another Willful Negligence - ANS-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 - ANS-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. Continues...