Liability

Question 1

Define Crime

Answer 1

An act committed or omitted in violation of a law forbidding or commanding it and for which punishment is imposed upon conviction

Question 2

Burden of Proof for Criminal Liability

Answer 2

Accuser must prove “Beyond a Reasonable Doubt” that the accused did commit the act and did so willfully and w/intent.

Question 3

What are the penalties for Criminal Liability?

Answer 3

Jail time and/or fines.

Question 4

Define Tort

Answer 4

A private or civil wrong, in which the action of one person causes injury to person or property of another in violation of a legal duty imposed by law.

Question 5

Burden of Proof for Torts

Answer 5

Proof through a “Preponderance” of the evidence the defendant did commit the act.

Question 6

Penalties for Civil Liability include:

Answer 6

Compensatory Damages & Punitive Damages

Question 7

Define Compensatory Damages

Answer 7

Reimburse a plaintiff for actual losses from, for instance, an automobile accident or other circumstances found to be the responsibility of the defendant.

Question 8

Define Punitive Damages

Answer 8

Monetary awards are designed to punish the defendant for unlawful behavior that is considered to be particularly egregious and to deter such actions or behavior in the future.

Question 9

List three categories of Torts.

Answer 9

Intentional
Negligent
Constitutional

Question 10

What is an Intentional Tort?

Answer 10

Occur when there is a voluntary intention on the part of a person to bring physical or mental harm upon another person.

Question 11

What is a Negligent Tort?

Answer 11

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.

Question 12

What is a Constitutional Tort?

Answer 12

Arise out of guarantees afforded to us in the United States Constitution.

Question 13

Define Title 42, USC Section 1983.

Answer 13

Every person who, “Acting under the color of law”, subjects or causes any citizen of the US to be deprived of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured.

Question 14

List three categories of negligence.

Answer 14

Simple Negligence
Gross Negligence
Willful Negligence

Question 15

Define Simple Negligence

Answer 15

Failure to use a degree of care that an ordinary prudent person would use in like circumstances.

Question 16

Define Gross Negligence.

Answer 16

Reckless disregard of the consequences as affecting the life or property of another.

Question 17

Define Willful Negligence.

Answer 17

An intentional act of unreasonable character in disregard of a known risk so obvious that the actor must have been aware of it.

Question 18

In order to prevail in a tort action, the plaintiff must show:

Answer 18

1. A legal duty requiring one to conduct him/her according to a certain standard,
2. Failure to conform (deviate),
3. Direct (proximate) cause, which is a sufficiently close link between the act of negligence and the harm suffered by another, and
4. Damage results must be suffered by another.

Question 19

List the causes of action for which instructors may be found liable.

Answer 19

1. Negligent Training
2. Negligent Entrustment
3. Negligent Supervision
4. Negligent Retention

Question 20

Define Negligent Training.

Answer 20

Failure to train at all, or improper training (poorly designed or poorly executed).

Question 21

Define Negligent Entrustment

Answer 21

Failure to control dangerous equipment or devices entrusted to trainees.

Question 22

Define Negligent Supervision.

Answer 22

Failure to coordinate, control, or direct trainee conduct which may cause an injury.

Question 23

Define Negligent Retention

Answer 23

Failure to take action when you have determined a trainee is unsuitable to continue.

Question 24

What is EEOC Title VII?

Answer 24

Avoiding Discrimination (Race, Color, Religion, Sex, or National Origin).

Question 25

What is Disparate Treatment?

Answer 25

Treatment of a trainee by a trainer 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.

Question 26

What is a Disparate Impact?

Answer 26

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.

Question 27

List 9 Liability Traps

Answer 27

Dating Students,
Partying w/ students,
Falsifying records,
Teaching outside the approved lesson plan,
Teaching incorrect information/techniques,
Failure to adhere to established standards,
Engaging in discriminatory testing procedures,
Making offensive remarks, and
Making biased selection of trainees.

Question 28

How can someone reduce classroom liability?

Answer 28

1. Written Procedures,
2. Provide procedures to all students,
3. Follow an approved lesson plan,
4. Teach & follow safe practices in all class activities,
5. Ensure reasonable class sizes,
6. Supervision,
7. Test Equipment on a regular basis,
8. Specific Procedures,
9. Keep activity areas clear,
10. Safety Devices,
11. Remove broken equipment,
12. Qualified Trainers,
13. Ensure accurate records, and
14. Keep material up-to-date.

Question 29

Regulatory Guidelines for Public Safety Training Instructors are governed by:

Answer 29

The Georgia Peace Officer Standards and Training Council (POST) & The Georgia Firefighter Standards and Training Council (FSTC).