VERSION [QUESTIONS AND ANSWERS] DETAILED AND
VERIFIED FOR GUARANTEED PASS- LATEST UPDATE 2025
GRADED A (BRAND NEW!!)
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