Podcast
Questions and Answers
A defendant's mental competence to stand trial is also called _______ competence.
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.
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 _________.
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?
What is a tort?
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.
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.
When a plaintiff sues for ________ damages, it means that they want payment for injuries that they have suffered.
When a plaintiff sues for ________ damages, it means that they want payment for injuries that they have suffered.
How many states in the U.S. have some sort of workers' compensation system in place?
How many states in the U.S. have some sort of workers' compensation system in place?
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?
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?
What does malingering involve?
What does malingering involve?
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.
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.
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) _________.
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) _________.
The issue of ________ competence is considered when a person's ability to decide how to distribute their possessions in a will is questioned.
The issue of ________ competence is considered when a person's ability to decide how to distribute their possessions in a will is questioned.
Psychological autopsies are most appropriate when trying to determine what?
Psychological autopsies are most appropriate when trying to determine what?
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?
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?
Identify the incorrect statement regarding joint custody of children.
Identify the incorrect statement regarding joint custody of children.
When a person is determined to be a danger to themselves or others, they may be subject to the process of ________.
When a person is determined to be a danger to themselves or others, they may be subject to the process of ________.
Patients subjected to an emergency commitment can only be detained for a specified amount of time - typically ________ - before a hearing must be held.
Patients subjected to an emergency commitment can only be detained for a specified amount of time - typically ________ - before a hearing must be held.
In determining the extent to which a person demonstrates an increased level of dangerousness, a clinician would perform a(n) ________.
In determining the extent to which a person demonstrates an increased level of dangerousness, a clinician would perform a(n) ________.
Why do judges as gatekeepers for expert testimony not tend to perform that function well?
Why do judges as gatekeepers for expert testimony not tend to perform that function well?
One standard for determining whether an action could be considered ________ is to ask if another reasonable person would have acted in a similar manner.
One standard for determining whether an action could be considered ________ is to ask if another reasonable person would have acted in a similar manner.
What indicates the presence of ________ in Frank's case after his slip and fall injury?
What indicates the presence of ________ in Frank's case after his slip and fall injury?
When a plaintiff seeks ________ damages against a defendant, they seek compensation to punish the company for misconduct.
When a plaintiff seeks ________ damages against a defendant, they seek compensation to punish the company for misconduct.
How will Karl's contest over a worker's compensation claim be resolved?
How will Karl's contest over a worker's compensation claim be resolved?
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.
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.
What is the standard format by which a psychological autopsy is conducted?
What is the standard format by which a psychological autopsy is conducted?
As of 2015, about ______ of households with children in the United States were single-parent families.
As of 2015, about ______ of households with children in the United States were single-parent families.
If a marriage ends in divorce and the child lives with only one parent, this is called ________ custody.
If a marriage ends in divorce and the child lives with only one parent, this is called ________ custody.
Which type of civil commitment requires a court order and can only occur when a person is mentally ill and dangerous to themselves?
Which type of civil commitment requires a court order and can only occur when a person is mentally ill and dangerous to themselves?
Match the components of torts with their definitions:
Match the components of torts with their definitions:
Match the definitions with their terms:
Match the definitions with their terms:
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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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