Instructor Training – GPSTC UPDATED
ACTUAL Exam Questions and CORRECT
Answers
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
Disparate Treatment - CORRECT ANSWER - Involves the kind of treatment a trainee
receives from trainers which may differ from the treatment given to other trainees and the only
basis for the different treatment is the person's race, color, religion, sex or national origin
, Disparate Impact - CORRECT ANSWER - Involves the use of training practices which on the
surface appear facially neutral in their treatment of different groups, but will impact more
severely one protected class and cannot be justified by business necessity
Reducing Classroom Liability - CORRECT ANSWER - 1.) Written Procedures
2.) Provide these Written Procedures to All Students
3.) Always Follow an Approved Lesson Plan
4.) Teach and Follow Safe Practices in All Class Activities
5.) Ensure Class Sizes are Reasonable and Instructor/Student Ratios are not Exceeded
6.) Supervision
7.) All Machinery and Equipment Should be Tested on a Regular Basis
8.) Specific Procedures
9.) Activity Areas
10.) Safety Devices
11.) Remove Broken Equipment or Machinery
12.) Ensure Trainers are Qualified
ACTUAL Exam Questions and CORRECT
Answers
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
Disparate Treatment - CORRECT ANSWER - Involves the kind of treatment a trainee
receives from trainers which may differ from the treatment given to other trainees and the only
basis for the different treatment is the person's race, color, religion, sex or national origin
, Disparate Impact - CORRECT ANSWER - Involves the use of training practices which on the
surface appear facially neutral in their treatment of different groups, but will impact more
severely one protected class and cannot be justified by business necessity
Reducing Classroom Liability - CORRECT ANSWER - 1.) Written Procedures
2.) Provide these Written Procedures to All Students
3.) Always Follow an Approved Lesson Plan
4.) Teach and Follow Safe Practices in All Class Activities
5.) Ensure Class Sizes are Reasonable and Instructor/Student Ratios are not Exceeded
6.) Supervision
7.) All Machinery and Equipment Should be Tested on a Regular Basis
8.) Specific Procedures
9.) Activity Areas
10.) Safety Devices
11.) Remove Broken Equipment or Machinery
12.) Ensure Trainers are Qualified
