Term
What problems are associated with expert testimony and what reforms have been proposed? |
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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 |
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Term
Under what conditions can a plaintiff be compensated for psychological damages? |
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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 |
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Term
What is worker's compensation and how do mental health professional participate in such cases? |
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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 |
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Term
What capacities are involved in civil competence? |
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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 |
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Term
What criteria are used for decisions about disputes involved child custody or parental fitness? |
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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 |
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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? |
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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 |
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Term
What are advance medical directives? |
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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 |
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Term
What exactly is breached duty? |
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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 |
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Term
What is civil competence? |
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Definition
Civil competence applies to civil contexts in which the question of mental competence is raised for a specific task |
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Term
What are compensatory damages? |
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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 |
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Term
What exactly is considered the future best interests of the child? |
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Definition
The future best interests of the child are the legal standards by which most child custody decisions are made in the US |
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Term
What is intentional behavior? |
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Definition
Intentional behavior is the purposeful conduct in which a person meant the outcome of a given act to occur |
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Term
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Definition
Joint custody is a legal outcome in which divorcing parents share or divide various decision-making and control responsibilities for their children |
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Term
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Definition
Malingering is the intentional fabrication or exaggeration of physical or psychological symptoms in order to gain an advantage or incentive |
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Term
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Definition
Proximate cause is a cause that constitutes an obvious or substantial reason why a given harm occurred |
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Term
What are psychological autopsies? |
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Definition
Psychological autopsies are an attempt to determine the mode of death by an examination of what was known about the deceased |
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Term
What are punitive damages? |
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Definition
Punitive damages is financial compensation as a form of punishment for failure to respond to a misconduct |
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Term
What are risk assessments? |
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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 |
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Term
What is testamentary capacity? |
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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 |
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Term
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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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