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Instructor Training – GPSTC actual study
guide
1.
Crime:
An act committed or omitted in violation of a law forbidding or commanding it and for
which punishment
is imposed upon conviction.
2.
Burden of Proof for Criminal Liability: Prove beyond a reasonable doubt that the
accused did
commit the act and did so willfully and with intent.
3.
Torts:
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.
4.
Burden
of
Proof
-
Torts:
Preponderance of the
evidence.
5.
Penalties
for
Civil
Liability:
Compensatory Damages and Punitive Damages
6.
Compensatory
Damages:
They
reimburse
the
plaintitt
for
actual
losses
7.
Punitive
Damages:
Monetary
awards
designed
to
punish
the
defendant
for
unlawful
behavior.
8.
Categories of Torts: Intentional, Negligent,
Constitutional
9.
Intentional
Tort:
A voluntary intention on the part of a person to bring physical or
mental harm upon another person.
10.
Negligent
Tort:
Arise from the fact that our society imposes a duty upon individuals to
conduct their attairs
in a manner which will avoid subjecting others to an unreasonable risk of harm.
11.
Constitutional
Tort:
Arise
out
of
guarantees
attorded
to
us
in
the
U.S.
Constitution
12.
Title 42, U.S. Code, Section 1983: 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
inditterence
13.
Simple Negligence:
Failure to use that degree of care that an ordinary prudent
person would use in like circumstances
14.
Gross
Negligence:
Failure to perform a manifest duty in reckless disregard of the
consequences as
attecting the life or property of another
