GPSTC-Instructor Training Exam
Questions and Answers34
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
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.
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
Questions and Answers34
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
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.
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
