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NEU Psych & the Law Spring 2011 Ch 9
These flashcards go over all review material at the end of the chapter
20
Psychology
Undergraduate 1
03/23/2011

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Cards

Term
What problems are associated with expert testimony and what reforms have been proposed?
Definition

Several issues arise such as impartiality and the real need for such testimony is questioned. Reforms include limiting the scope of the testimony and referring to it as opinion testimony rather than expert testimony

Term
Under what conditions can a plaintiff be compensated for psychological damages?
Definition

Plaintiffs can seek damages by civil trial if they are a victim of a tort which caused them harm by some mean. These laws typically applied to physical injuries but can now refer to emotional injuries as well

Term
What is worker's compensation and how do mental health professional participate in such cases?
Definition

Worker's compensation is a no-jury/trial process that streamlines the process for being evaluated for injuries resulting for the job. Mental health professionals will often evaluate the stressors that workers either faced on the job or as a result of their physical injury

Term
What capacities are involved in civil competence?
Definition

Questions of civil competence arise when a person is in question regarding their mental capacity to things that they are involved in such as financial affairs

Term
What criteria are used for decisions about disputes involved child custody or parental fitness?
Definition

The future best interest of the child is the key decision being made by the evaluator in these cases. This can be one of the most stressful assessments for mental health evaluators and as a result there have been alternative methods employed for determining parental decisions after separations

Term
What steps are taken in civil commitment and how well can clinicians assess the risk of dangerousness, or violent behavior, a key criterion for civil commitment?
Definition

People who are an immediate threat to themselves or others can be immediately sent to a mental health facility but they have a right to a hearing shortly thereafter to determine if they should be kept there

Term
What are advance medical directives?
Definition

Advance medical directives are legal documents in which patients indicate the kinds of future medical treatments they will agree to should they later become incapacitated and therefore be incompetent to make treatment decisions for themselves at the time

Term
What exactly is breached duty?
Definition

Breached duty occurs when there is a violation, through either negligence or intentional wrongdoing, of a duty that one party legally owes to another party

Term
What is civil competence?
Definition

Civil competence applies to civil contexts in which the question of mental competence is raised for a specific task

Term
What are compensatory damages?
Definition

Compensatory damages is the payout or restitution owed to a plaintiff for the damages and harm that have been determined to be caused by a civil defendant

Term
What exactly is considered the future best interests of the child?
Definition

The future best interests of the child are the legal standards by which most child custody decisions are made in the US

Term
What is intentional behavior?
Definition

Intentional behavior is the purposeful conduct in which a person meant the outcome of a given act to occur

Term
What is joint custody?
Definition

Joint custody is a legal outcome in which divorcing parents share or divide various decision-making and control responsibilities for their children

Term
What is malingering?
Definition

Malingering is the intentional fabrication or exaggeration of physical or psychological symptoms in order to gain an advantage or incentive

Term
What is proximate cause?
Definition

Proximate cause is a cause that constitutes an obvious or substantial reason why a given harm occurred

Term
What are psychological autopsies?
Definition

Psychological autopsies are an attempt to determine the mode of death by an examination of what was known about the deceased

Term
What are punitive damages?
Definition

Punitive damages is financial compensation as a form of punishment for failure to respond to a misconduct

Term
What are risk assessments?
Definition

Risk assessments are assessments of the probability that a person will behave violently in certain circumstances often accompanied by suggestions for how to reduce the likelihood of violent conduct

Term
What is testamentary capacity?
Definition

Testimentary capacity is said to be having the capacity to execute a will when the will is signed and witnessed, including the capacity to resist the pressures or domination of any person who might try to use undue influence on the distribution of the estate of the person writing the will

Term
What is tort?
Definition

Tort is a civil suit that does no involve a contract; thus, tort litigation woudl be illustrated by a suit by one automobile driver against another, most medical malpractice cases and other personal injury suits

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