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