Instructor Training – GPSTC Questions and Correct Answers & Latest Updated
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Course
GPSTC
Institution
GPSTC
Crime
o :## 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
o :## Prove beyond a reasonable doubt that the accused did commit the act and did so willfully
and with intent...
Instructor Training – GPSTC Questions and
Correct Answers & Latest Updated
Crime
o :## 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
o :## Prove beyond a reasonable doubt that the accused did commit the act and did so willfully
and with intent.
Torts
o :## 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
o :## Preponderance of the evidence.
Penalties for Civil Liability
o :## Compensatory Damages and Punitive Damages
Compensatory Damages
o :## They reimburse the plaintiff for actual losses
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Punitive Damages
o :## Monetary awards designed to punish the defendant for unlawful behavior.
Categories of Torts
o :## Intentional, Negligent, Constitutional
Intentional Tort
o :## A voluntary intention on the part of a person to bring physical or mental harm upon
another person.
Negligent Tort
o :## 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
o :## Arise out of guarantees afforded to us in the U.S. Constitution
Title 42, U.S. Code, Section 1983
o :## 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
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Simple Negligence
o :## Failure to use that degree of care that an ordinary prudent person would use in like
circumstances
Gross Negligence
o :## Failure to perform a manifest duty in reckless disregard of the consequences as affecting the
life or property of another
Willful Negligence
o :## 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
o :## 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
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4.) Damage results must be suffered by another.
***Almost all training liability is based on negligence law***
Negligent Training
o :## 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
o :## Failure on your part to coordinate, control or direct trainee conduct which may cause an
injury
Negligent Entrustment
o :## Failure to control dangerous equipment or devices which are entrusted to trainees
Negligent Retention
o :## 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
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