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Forensic Assessment in Civil Cases
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Forensic Assessment in Civil Cases

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Questions and Answers

A defendant's mental competence to stand trial is also called _______ competence.

adjudicative

A judge is to act as ________ when examining the credence of an expert's testimony during a trial.

gatekeeper

Selectively attending to data that confirms a pre-existing hypothesis while disregarding data that refute it is called _________.

the confirmation bias

What is a tort?

<p>A wrongful act that causes harm to an individual.</p> Signup and view all the answers

If an action can reasonably be expected to cause harm to another individual even if the harm was not intentional, this would constitute a(n) ________ cause.

<p>proximate</p> Signup and view all the answers

When a plaintiff sues for ________ damages, it means that they want payment for injuries that they have suffered.

<p>compensatory</p> Signup and view all the answers

How many states in the U.S. have some sort of workers' compensation system in place?

<p>50</p> Signup and view all the answers

When a worker files a workers' compensation claim and gives up their right to pursue a tort, the size of any award that they receive depends on all but which of the following?

<p>Their expected career trajectory (future advancement)</p> Signup and view all the answers

What does malingering involve?

<p>When a worker attempts to exaggerate their symptoms to appear more injured than they are.</p> Signup and view all the answers

The issue of ________ is being considered when a person's mental state related to their ability to understand information and make important decisions is in question.

<p>civil competence</p> Signup and view all the answers

When an individual creates a document that indicates what sort of medical treatment they would want should they become incapacitated, they are preparing a(n) _________.

<p>advanced medical directive</p> Signup and view all the answers

The issue of ________ competence is considered when a person's ability to decide how to distribute their possessions in a will is questioned.

<p>testamentary</p> Signup and view all the answers

Psychological autopsies are most appropriate when trying to determine what?

<p>If a person's death was most likely a suicide, homicide, or accident.</p> Signup and view all the answers

When a court is determining the future best interest of a child, several criteria are typically evaluated. They include all but which of the following?

<p>The financial status of potential caregivers</p> Signup and view all the answers

Identify the incorrect statement regarding joint custody of children.

<p>The child will spend equal time in the homes of both parents.</p> Signup and view all the answers

When a person is determined to be a danger to themselves or others, they may be subject to the process of ________.

<p>civil commitment</p> Signup and view all the answers

Patients subjected to an emergency commitment can only be detained for a specified amount of time - typically ________ - before a hearing must be held.

<p>2 to 3 days</p> Signup and view all the answers

In determining the extent to which a person demonstrates an increased level of dangerousness, a clinician would perform a(n) ________.

<p>risk assessment</p> Signup and view all the answers

Why do judges as gatekeepers for expert testimony not tend to perform that function well?

<p>Many judges lack the specific expertise to know whether the testimony is or is not valid.</p> Signup and view all the answers

One standard for determining whether an action could be considered ________ is to ask if another reasonable person would have acted in a similar manner.

<p>negligent</p> Signup and view all the answers

What indicates the presence of ________ in Frank's case after his slip and fall injury?

<p>duty</p> Signup and view all the answers

When a plaintiff seeks ________ damages against a defendant, they seek compensation to punish the company for misconduct.

<p>punitive</p> Signup and view all the answers

How will Karl's contest over a worker's compensation claim be resolved?

<p>It will be heard by a hearing officer or commissioner.</p> Signup and view all the answers

An advanced medical directive (AMD) differs from a living will in that an AMD identifies what treatments a person wants while a living will specifies whether one wants to be kept alive.

<p>true</p> Signup and view all the answers

What is the standard format by which a psychological autopsy is conducted?

<p>There is no standard format for a psychological autopsy.</p> Signup and view all the answers

As of 2015, about ______ of households with children in the United States were single-parent families.

<p>one-quarter</p> Signup and view all the answers

If a marriage ends in divorce and the child lives with only one parent, this is called ________ custody.

<p>sole</p> Signup and view all the answers

Which type of civil commitment requires a court order and can only occur when a person is mentally ill and dangerous to themselves?

<p>involuntary inpatient commitment</p> Signup and view all the answers

Match the components of torts with their definitions:

<p>Duty = Obligation that one party legally owes to another party. Breached Duty = Violation of a commitment that one party legally owes to another party. Proximate Cause = Obvious or substantially supported link between behavior and subsequent harm. Harm = Loss or adversity suffered by a person who is the victim of wrongdoing.</p> Signup and view all the answers

Match the definitions with their terms:

<p>Negligence = Behavior that falls below a legal standard for protecting others from unreasonable risks. Intentional Behavior = Purposeful conduct in which a person meant the outcome of a given act to occur. Tort = Private or civil wrong or injury other than breach of contract, subject to civil litigation. Compensatory Damages = Payment owed to a plaintiff for harm caused by a civil defendant. Punitive Damages = Financial compensation awarded to a prevailing party in civil litigation as a form of punishment. Malingering = Deliberate fabrication or exaggeration of physical or psychological symptoms in order to gain an advantage. Civil Competency = Legal context in which one's mental ability to complete a specific task is questioned. Advance Medical Directive = Documentation indicating future treatments one will accept should one be incapacitated. Testamentary Capacity = Mental competence to execute a will. Psychological Autopsy = Attempt to determine the mode of death by considering known behavior of the deceased. Future Best Interests of the Child = Prevailing standard for custody decisions. Sole Custody = Legal outcome awarding care of a child to one parent only. Joint Custody = Legal outcome in which divorcing parents divide various decision-making and control responsibilities for their children. Civil Commitment = Involuntary hospitalization of persons who are mentally ill and dangerous to themselves or others. Dangerousness = Behavior that involves acts of physical violence or threats by one person against another. Risk Assessment = Estimation of the probability that a person will behave violently.</p> Signup and view all the answers

Study Notes

Forensic Assessment in Civil Cases

  • Adjudicative Competence: Refers to a defendant’s mental capacity to stand trial, including decisions around plea bargains.
  • Gatekeeper Role: Judges determine the admissibility of expert testimony in court, as established by Daubert and Kumho cases.
  • Confirmation Bias: Cognitive tendency where individuals focus on information that supports their existing beliefs while ignoring contradictory data.
  • Tort: A wrongful act that leads to harm or injury to an individual, forming the basis for civil liability.
  • Proximate Cause: A critical component in tort cases, referring to the reasonable expectation that an action could lead to harm, even if unintentional.
  • Compensatory Damages: Financial restitution sought by plaintiffs for injuries sustained as a result of a tort.
  • Workers' Compensation Systems: All 50 states in the U.S. have established some form of workers' compensation for workplace injuries.
  • Malingering: Involves exaggerating injuries or symptoms to gain benefits, complicating workers’ compensation claims.
  • Civil Competence: Assesses an individual's mental state to make informed decisions regarding their personal affairs.
  • Advanced Medical Directive: Legal document specifying preferred medical treatments in case the individual becomes incapacitated.
  • Testamentary Competence: The mental ability to make valid legal decisions in creating a will and distributing one's estate.
  • Psychological Autopsies: Utilized to ascertain the manner of death—suicide, homicide, or accident—by analyzing behavioral data of the deceased.
  • Child Custody Evaluations: Common considerations include the child's wishes and adjustment in life; financial status of caregivers is typically excluded.
  • Joint Custody: Arrangement where both parents share decision-making and responsibilities regarding their children post-divorce; equal time is not guaranteed.
  • Civil Commitment: The process by which individuals posing danger to themselves or others may be involuntarily hospitalized.
  • Emergency Commitment Duration: Typically allows for 2 to 3 days of detention before a hearing must be held.
  • Risk Assessment: Evaluates the likelihood of an individual displaying violent behavior, critical in civil commitment cases.
  • Standard of Negligence: An action can be deemed negligent if a reasonable individual would have acted differently under similar circumstances.
  • Duty in Tort Law: Represents the legal obligation one party owes to another as part of tort liability.
  • Breach of Duty: Occurs when a party fails to meet their legal obligation, leading to potential tort claims.
  • Harm: Refers to the actual damage or adverse effects suffered by a victim due to wrongful conduct.
  • Intentional Behavior: Actions taken with intent to cause a specific outcome, differing from negligence.
  • Civil Wrong: Torts represent private or civil wrongs distinct from breach of contract that prompt civil litigation.
  • Punitive Damages: Financial penalties awarded in lawsuits intending to punish wrongdoing beyond compensatory damages.
  • Sole Custody: Grants one parent exclusive legal and physical custody of a child after divorce.
  • Involuntary Inpatient Commitment: Requires court order for mentally ill individuals deemed a danger to themselves or others.
  • Dangerousness: In legal terms, involves assessing behaviors indicative of potential violence or harm to others.
  • Future Best Interests of the Child: The prevailing standard in custody evaluations considering various factors except financial status of caregivers.

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Description

This quiz covers key concepts related to forensic assessment in civil cases, focusing on mental competence and the role of judges in evaluating expert testimony. It's designed to enhance your understanding of legal standards and assessments in forensic psychology.

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