Instructor Training – GPSTC / Actual Test Questions
with Detailed Verified Answers & Rationales
(Already Graded A+)
Terms in this set (164)
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 forProve beyond a reasonable doubt that the accused
Criminal Liabilitydid 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.
, Arise out of guarantees afforded to us in the U.S.
Constitutional Tort
Constitution
Title 42, U.S. Code, Law enforcement can be liable for depriving someone or
Section 1983 their civil rights.
- Acting under color of law
- Alleged deprivation of rights secured by theconstitution and
laws
- Liable only for intentional torts or acts of grossnegligence; 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
1.) A legal duty requiring one to conduct him/her
selfaccording to a certain standard must exist
2.) A failure to conform (deviate) conduct to thisstandard
must exist
Requirements to Prevail in a
3.) Direct (proximate) cause which is a sufficientlyclose link
Tort Action
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 1.) Negligent Training
Which Instructors May Be 2.) Negligent Entrustment
Found Liable 3.) Negligent Supervision
4.) Negligent Retention
Equal Employment Makes it unlawful for an employer to discriminate based on
Opportunity Commission race, color, religion, sex or national origin
(EEOC)
Disparate Treatment 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
Involves the use of training practices which on the surface
appear facially neutral in their treatment of different groups,
Disparate Impact
but will impact more severely one protected class and cannot
be justified by business necessity
with Detailed Verified Answers & Rationales
(Already Graded A+)
Terms in this set (164)
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 forProve beyond a reasonable doubt that the accused
Criminal Liabilitydid 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.
, Arise out of guarantees afforded to us in the U.S.
Constitutional Tort
Constitution
Title 42, U.S. Code, Law enforcement can be liable for depriving someone or
Section 1983 their civil rights.
- Acting under color of law
- Alleged deprivation of rights secured by theconstitution and
laws
- Liable only for intentional torts or acts of grossnegligence; 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
1.) A legal duty requiring one to conduct him/her
selfaccording to a certain standard must exist
2.) A failure to conform (deviate) conduct to thisstandard
must exist
Requirements to Prevail in a
3.) Direct (proximate) cause which is a sufficientlyclose link
Tort Action
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 1.) Negligent Training
Which Instructors May Be 2.) Negligent Entrustment
Found Liable 3.) Negligent Supervision
4.) Negligent Retention
Equal Employment Makes it unlawful for an employer to discriminate based on
Opportunity Commission race, color, religion, sex or national origin
(EEOC)
Disparate Treatment 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
Involves the use of training practices which on the surface
appear facially neutral in their treatment of different groups,
Disparate Impact
but will impact more severely one protected class and cannot
be justified by business necessity
