Texas Alcoholic Beverage Commission (TABC) Practice Exam

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What form of negligence is a server guilty of for not checking IDs?

Civil negligence
Criminal negligence
Minor negligence
Professional negligence

The correct answer is: Criminal negligence

The form of negligence a server is guilty of for not checking IDs is classified as criminal negligence. This occurs when a person’s actions demonstrate a blatant disregard for the safety and rights of others, which can lead to potential harm. In the context of serving alcohol, failing to check IDs before serving underage individuals not only puts minors at risk but also violates legal obligations imposed by the Texas Alcoholic Beverage Code. This behavior can result in criminal charges against the server and the establishment, as serving alcohol to minors is a serious offense. Understanding the distinction between different types of negligence is crucial. Civil negligence typically relates to personal injury claims, while professional negligence usually pertains to a failure to meet the standards required within a professional context. Minor negligence is not a recognized legal term in relation to such situations. Hence, the scenario of not checking IDs aligns most closely with the criteria for criminal negligence, given the legal implications of serving alcohol without proper ID verification.