Instructor Training – GPSTC UPDATED ACTUAL Questions and
CORRECT Answers
1. Crime An act committed or omitted in violation of a law forbidding or commanding it
and for which punishment is imposed upon conviction.
2. Burden of Proof Prove beyond a reasonable doubt that the accused did commit the act and did so
for Criminal Lia- willfully and with intent.
bility
3. 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.
4. Burden of Proof - Preponderance of the evidence.
Torts
5. Penalties for Civil Compensatory Damages and Punitive Damages
Liability
6. Compensatory They reimburse the plaintiff for actual losses
Damages
7. Punitive Dam- Monetary awards designed to punish the defendant for unlawful behavior.
ages
8. Categories of Intentional, Negligent, Constitutional
Torts
9. Intentional Tort A voluntary intention on the part of a person to bring physical or mental harm
upon another person.
10. 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.
11. Arise out of guarantees afforded to us in the U.S. Constitution
, Instructor Training – GPSTC UPDATED ACTUAL Questions and
CORRECT Answers
Constitutional
Tort
12. Title 42, U.S. Law enforcement can be liable for depriving someone or their civil rights.
Code, Section - Acting under color of law
1983 - 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
13. Simple Negli- Failure to use that degree of care that an ordinary prudent person would use in
gence like circumstances
14. Gross Negli- Failure to perform a manifest duty in reckless disregard of the consequences as
gence affecting the life or property of another
15. Willful Negli- Intentional act of unreasonable character in disregard of a known risk so obvious
gence that the actor must have been aware of it and so great as to make it highly
probable that harm would follow
16. Requirements to 1.) A legal duty requiring one to conduct him/her self-according to a certain
Prevail in a Tort standard must exist
Action
2.) A failure to conform (deviate) conduct to this standard must exist
3.) Direct (proximate) cause which is a suflciently 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***
17. Negligent Train- Failure to train at all, which courts presume to be gross negligence, or training
ing which is conducted improperly. Training which does exist may be either poorly
designed or poorly executed
, 18. Negligent Super- Failure on your part to coordinate, control or direct trainee conduct which may
vision cause an injury
19. Negligent En- Failure to control dangerous equipment or devices which are entrusted to trainees
trustment
20. Negligent Reten- Failure on your part to take action when you have (or should have) determined a
tion trainee is unsuitable to continue, or the magnitude of that trainee's acts demon-
strate they are a foreseeable danger
21. Causes of Ac- 1.) Negligent Training
tion for Which In- 2.) Negligent Entrustment
structors May Be 3.) Negligent Supervision
Found Liable 4.) Negligent Retention
22. Equal Employ- Makes it unlawful for an employer to discriminate based on race, color, religion,
ment Opportu- sex or national origin
nity Commission
(EEOC)
23. Disparate Treat- Involves the kind of treatment a trainee receives from trainers which may differ
ment 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
24. Disparate Impact 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
25. Reducing Class- 1.) Written Procedures
room Liability
2.) Provide these Written Procedures to All Students
3.) Always Follow an Approved Lesson Plan
CORRECT Answers
1. Crime An act committed or omitted in violation of a law forbidding or commanding it
and for which punishment is imposed upon conviction.
2. Burden of Proof Prove beyond a reasonable doubt that the accused did commit the act and did so
for Criminal Lia- willfully and with intent.
bility
3. 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.
4. Burden of Proof - Preponderance of the evidence.
Torts
5. Penalties for Civil Compensatory Damages and Punitive Damages
Liability
6. Compensatory They reimburse the plaintiff for actual losses
Damages
7. Punitive Dam- Monetary awards designed to punish the defendant for unlawful behavior.
ages
8. Categories of Intentional, Negligent, Constitutional
Torts
9. Intentional Tort A voluntary intention on the part of a person to bring physical or mental harm
upon another person.
10. 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.
11. Arise out of guarantees afforded to us in the U.S. Constitution
, Instructor Training – GPSTC UPDATED ACTUAL Questions and
CORRECT Answers
Constitutional
Tort
12. Title 42, U.S. Law enforcement can be liable for depriving someone or their civil rights.
Code, Section - Acting under color of law
1983 - 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
13. Simple Negli- Failure to use that degree of care that an ordinary prudent person would use in
gence like circumstances
14. Gross Negli- Failure to perform a manifest duty in reckless disregard of the consequences as
gence affecting the life or property of another
15. Willful Negli- Intentional act of unreasonable character in disregard of a known risk so obvious
gence that the actor must have been aware of it and so great as to make it highly
probable that harm would follow
16. Requirements to 1.) A legal duty requiring one to conduct him/her self-according to a certain
Prevail in a Tort standard must exist
Action
2.) A failure to conform (deviate) conduct to this standard must exist
3.) Direct (proximate) cause which is a suflciently 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***
17. Negligent Train- Failure to train at all, which courts presume to be gross negligence, or training
ing which is conducted improperly. Training which does exist may be either poorly
designed or poorly executed
, 18. Negligent Super- Failure on your part to coordinate, control or direct trainee conduct which may
vision cause an injury
19. Negligent En- Failure to control dangerous equipment or devices which are entrusted to trainees
trustment
20. Negligent Reten- Failure on your part to take action when you have (or should have) determined a
tion trainee is unsuitable to continue, or the magnitude of that trainee's acts demon-
strate they are a foreseeable danger
21. Causes of Ac- 1.) Negligent Training
tion for Which In- 2.) Negligent Entrustment
structors May Be 3.) Negligent Supervision
Found Liable 4.) Negligent Retention
22. Equal Employ- Makes it unlawful for an employer to discriminate based on race, color, religion,
ment Opportu- sex or national origin
nity Commission
(EEOC)
23. Disparate Treat- Involves the kind of treatment a trainee receives from trainers which may differ
ment 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
24. Disparate Impact 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
25. Reducing Class- 1.) Written Procedures
room Liability
2.) Provide these Written Procedures to All Students
3.) Always Follow an Approved Lesson Plan
