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Instructor Training – GPSTC Exam Questions With 100% Verified Answers

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©BRAINBARTER 2024/2025 Instructor Training – GPSTC Exam Questions With 100% Verified Answers Crime - answerAn 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 - answerProve ...

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  • September 30, 2024
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  • 2024/2025
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  • Instructor Training – GPSTC
  • Instructor Training – GPSTC
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Instructor Training – GPSTC Exam
Questions With 100% Verified Answers

Crime - answer✔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 - answer✔Prove beyond a reasonable doubt that the

accused did commit the act and did so willfully and with intent.


Torts - 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 - answer✔Preponderance of the evidence.


Penalties for Civil Liability - answer✔Compensatory Damages and Punitive Damages


Compensatory Damages - answer✔They reimburse the plaintiff for actual losses


Punitive Damages - answer✔Monetary awards designed to punish the defendant for unlawful

behavior.


Categories of Torts - answer✔Intentional, Negligent, Constitutional


Intentional Tort - answer✔A voluntary intention on the part of a person to bring physical or

mental harm upon another person.

, ©BRAINBARTER 2024/2025


Negligent Tort - 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 - answer✔Arise out of guarantees afforded to us in the U.S. Constitution


Title 42, U.S. Code, Section 1983 - 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 - answer✔Failure to use that degree of care that an ordinary prudent person

would use in like circumstances


Gross Negligence - answer✔Failure to perform a manifest duty in reckless disregard of the

consequences as affecting the life or property of another


Willful Negligence - 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 - answer✔1.) A legal duty requiring one to conduct

him/her self-according to a certain standard must exist

, ©BRAINBARTER 2024/2025




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 - 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 - answer✔Failure on your part to coordinate, control or direct trainee

conduct which may cause an injury


Negligent Entrustment - answer✔Failure to control dangerous equipment or devices which are

entrusted to trainees


Negligent Retention - 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

, ©BRAINBARTER 2024/2025


Causes of Action for Which Instructors May Be Found Liable - answer✔1.) Negligent Training


2.) Negligent Entrustment

3.) Negligent Supervision

4.) Negligent Retention


Equal Employment Opportunity Commission (EEOC) - answer✔Makes it unlawful for an

employer to discriminate based on race, color, religion, sex or national origin


Disparate Treatment - 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 - 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 - answer✔1.) Written Procedures




2.) Provide these Written Procedures to All Students




3.) Always Follow an Approved Lesson Plan

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