Deck 11: Assessment in Civil Cases

Question 1

Ford Motor Credit Co. v. Sheehan (1979)concerned a debt collector who pretended to be a hospital employee and told the debtor's mother that her grandchildren had been seriously injured in an accident and he needed to find the debtor to inform him of this. The court determined that the debt collector's behavior was _________.

A)extreme and outrageous; intended to cause distress
B)negligent; intended to cause distress
C)within the zone of danger
D)slander

Answer 1

extreme and outrageous; intended to cause distress

Question 2

Historically, the law has been reluctant to compensate for which of the following?

A)Destruction of personal property
B)Physical injuries
C)Emotional distress
D)Slander

Answer 2

Emotional distress

Question 3

Which of the following is not one of the criticisms of forensic mental assessments outlined by Grisso (2003)?

A)Irrelevance
B)Insufficiency
C)Impartiality
D)Ignorance

Answer 3

Impartiality

Question 4

Which of the following has not been stated as a concern regarding testimony by psychological or psychiatric experts?

A)The scientific foundations for a lot of testimony offered in court are often less than adequate.
B)The testimony is of limited relevance.
C)Experts do not get enough opportunities to testify about "ultimate issues" such as whether the defendant is insane.
D)Expert testimony is very expensive, so the side with the most money has an advantage.

Question 5

Last year Doris took her eight-year-old son to the State Fair and put him on the roller coaster. She was horrified to see that shortly after the ride started, the coaster derailed, throwing her son to the ground. He died on the way to the hospital. Doris filed a civil suit. The compensation for her psychological damages is possible because the courts have recently allowed plaintiffs to sue for psychological damages if the conduct arises from ____________.

A)negligent behavior
B)proximate cause
C)intentional wrongdoing
D)None of these are correct.

Question 6

Doug is a plaintiff in a lawsuit against his company. His lawyer thinks that they have a good chance of winning, and Doug has been getting excited by the prospect of a large award. In fact, he is so excited that he has been exaggerating the seriousness of his complaints. Doug's action can be termed as ________.

A)indolence
B)malingering
C)torpor
D)lassitude

Question 7

If a plaintiff provides a highly exaggerated complaint, that plaintiff could be said to be _________.

A)breaching duty
B)lying
C)uncooperative
D)None of these are correct.

Question 8

What is the major difference between standard clinical evaluations and forensic assessments?

A)Psychologists do most of the standard clinical evaluations and psychiatrists do most of the forensic assessments.
B)Psychiatrists do most of the standard clinical evaluations and psychologists do most of the forensic assessments.
C)There is a much greater use of the third-party interviews and review of records in forensic exams.
D)There is less use of third-party interviews and review of records in forensic exams.

Question 9

What condition needs to be met for an expert to testify?

A)The topic of testimony is irrelevant to the issue in dispute.
B)The usefulness of the testimony outweighs whatever prejudicial impact it might have.
C)The judge may decide the need of expert testimony.
D)The available evidence doesn't measure up to the scientific standards.

Question 10

Susan has been charged with murder, and she has pleaded not guilty by reason of insanity. The defense wants an expert to testify on the topic of Susan's mental health status. If the defense were to comply with proposed reforms of expert testimony, how would this expert potentially be chosen?

A)The expert would be chosen from a panel of judges.
B)The presiding judge would choose the expert.
C)The defense attorney would recommend the expert.
D)The expert will be appointed on the recommendation of the court.

Question 11

The sailors who survived the capsizing of the Aleutian Enterprise filed a lawsuit against the company that owned the ship. They claimed that they suffered psychological harm (e.g., posttraumatic stress disorder [PTSD])as a result of this event. What was the outcome of this case?

A)The court did not compensate them because they were not hurt physically.
B)They were compensated for their psychological injuries because they had been in the "zone of danger."
C)The court did not compensate them because they were not close enough to the "zone of danger" to be eligible for compensation.
D)They were compensated because PTSD was diagnosed in all of the sailors by experts hired by both sides.

Question 12

Compensatory damages refer to _____________ while punitive damages refer to __________________.

A)payment for injuries suffered; punishing the company for its failure to respond properly to the misconduct
B)punishing the company for its failure to respond properly to the misconduct; payment for emotional harm and damages suffered
C)payment to compensate for outrageous conduct; punishing the plaintiff for his or her role in the egregious behavior
D)punishing the plaintiff for his or her role in the egregious behavior; payment to compensate for outrageous conduct

Question 13

Which of the following is not covered in the workers' compensation system?

A)Physical and psychological injuries suffered at work
B)Cost of treatment
C)The loss of future earning capacity
D)The lawyer's fee

Question 14

"Purely" psychological injuries may arise from __________.

A)negligent behavior
B)intentional misconduct
C)temporarily upsetting conduct
D)willful defaulting

Question 15

Torts are part of __________.

A)criminal cases
B)civil cases
C)workers' compensation cases
D)competency hearings

Question 16

Which of the following is not involved in proving tort in a court of law?

A)Duty
B)Harm
C)Breached duty
D)Conservatorship

Question 17

Donna is being sexually harassed by a male coworker. The problem has been going on for months, and she is really feeling stressed. She decides to file suit against the coworker and her company. In order to sue her company, Donna has to show that the _______.

A)coworker, who is allegedly harassing her, has worked at the company the entire time in question
B)alleged harasser also has harassed others at the same company
C)company knew or should have known about the harassment and failed to stop it
D)company supported the harassment

Question 18

One of the proposed reforms regarding expert testimony has been to bar any reference to "expert" testimony and instead refer to the _____________.

A)defense or prosecution testimony
B)approved testimony
C)opinion testimony
D)specialist testimony

Question 19

A proximate cause is one _______________.

A)that constitutes an obvious reason why a given harm occurred
B)when there is no obvious reason why a given harm occurred
C)what precedes the event in question
D)what follows the event in question

Question 20

The size of an award from the workers' compensation system is determined by the __________.

A)lawyer's fee
B)type and duration of the injury
C)value of the company
D)None of these are correct.

Question 21

With regard to civil competence, a competent individual is expected to be able to________.

A)understand basic information relevant to making a decision
B)apply information to a specific situation in order to anticipate the consequences of various choices
C)use logical thinking to evaluate the pros and cons of various strategies and decisions
D)All of these are correct.

Question 22

Psychological autopsies are performed in all of the following situations except ______.

A)by an insurance company to determine if a policy holder committed suicide
B)to determine if stressful working conditions led to a worker's death
C)to determine if stressful working conditions led a worker to kill others
D)to evaluate a deceased person's mental capacity to execute a will

Question 23

In which situation do plaintiffs undergoing evaluation tend to exaggerate their symptoms?

A)When they were referred by the defense attorney, or when they sought evaluation on their own
B)When they were referred by their own attorney, or when they sought evaluation on their own
C)When they were referred by the defense attorney, or when they were referred by the judge
D)When they were referred by their own attorney, or when they were referred by the judge

Question 24

Most psychological autopsies rely on ________.

A)psychological testing of family or survivors of the decedent
B)the interview excerpts from similar convicts
C)prior records of previous interviews
D)None of these are correct.

Question 25

What is the common difficulty for those evaluating the competence of one to execute a will?

A)The family dynamics are not easily ascertained.
B)The subject is often deceased when competence is questioned.
C)It is tough to know when the will was actually written.
D)There are often more than two wills to evaluate.

Question 26

A clinician has been asked to evaluate whether someone lacks testamentary capacity. What is the clinician assessing?

A)The individual's competency to make treatment decisions
B)The defendant's competency to plead insanity
C)The charged individual's competency to stand trial
D)The person's competency to execute a will

Question 27

Advance medical directives can be defined as the ________.

A)court order directing patients to undergo treatment
B)advanced level of medical care provided to patients
C)arrangement by patients for future health care in the event of them becoming incompetent of decision making
D)All of these are correct.

Question 28

The Supreme Court decision Cruzan v. Director, Missouri Department of Health (1990)concerned the topic of ____________.

A)defendant negligence
B)trademark litigation
C)autonomy in patients' health care provisions
D)civil commitment

Question 29

Melissa has just been released from the hospital after a long illness. Prior to her illness, she had been a part of a study in which she was asked what her preferences were for life-sustaining treatment had the need arose. If she were asked now about her preferences, what would be her response?

A)She would likely report the same preferences she did before her hospitalization.
B)She would likely report less desire for life-sustaining treatment than she had previously.
C)She would likely report more desire for life-sustaining treatment than she had previously.
D)None of these are correct.

Question 30

In a worker compensation case, an individual taking an MMPI-2 or an MMPI-RF test is likely to be motivated to ________.

A)fake "bad"
B)fake "good"
C)fake negligence
D)All of these are correct.

Question 31

The "usefulness" proportion (sometimes called the "contrary quotient")is a reasonable measure of _________.

A)evaluator impartiality
B)eligibility for civil commitment
C)malingering
D)remaining term of inpatient status

Question 32

Recently, the number of psychological claims in workers' compensation litigation has increased, and much of this increase has been attributed to _____________ cases.

A)physical-mental
B)mental-mental
C)mental-physical
D)physical-physical

Question 33

What compromises the objectivity of psychological evaluations performed in the workers' compensation cases?

A)Attorneys determine which expert to use based on their current fee structure.
B)Attorneys only use judge-appointed experts.
C)Attorneys retain the same expert over and over again.
D)Attorneys only choose experts from the ABA-approved expert list.

Question 34

Which of the following is NOT a condition of competency to execute a will?

A)The testator needs to know the nature and extent of his or her property.
B)The testator may lack the necessary mental capacity to execute a valid will.
C)Testators must know at the time of making their wills that they are making their wills.
D)They must know the "natural objects of [their] bounty."

Question 35

What is the reliability of psychological autopsies??

A)High
B)Moderate
C)Low
D)Nonexistent

Question 36

It has been suggested that the rise in the number of psychological claims in workers' compensation litigation may be due to ___________.

A)an increase in the number of women in the workforce
B)a shift from industrial and manufacturing jobs to service-oriented jobs
C)financial incentives that have produced exaggerated or false claims
D)All of these are correct.

Question 37

Bob is a clerk working the night shift at a convenience store. Late last month he was a victim of an armed robbery. Although he wasn't hurt, he now becomes frightened whenever a man comes into the store at night. Bob is also experiencing flashbacks and has started having heart palpitations. He went to a doctor who referred him to a psychiatrist. His diagnosis was posttraumatic stress disorder. Which of the following terms best represents Bob's case?

A)Physical-mental
B)Mental-mental
C)Mental-physical
D)Physical-physical

Question 38

What approach is recommended when a patient refuses treatment that seems to be medically and psychologically justified?

A)The patients attorney makes the decision for the treatment.
B)A clinical assessment instrument is administered to determine if the person has the ability to reach a competent decision.
C)The doctor should tell a family member to make the decision.
D)The court makes forced decisions for the person.

Question 39

Psychologists are rarely asked to evaluate _____ cases.

A)physical-mental
B)mental-mental
C)mental-physical
D)None of these are correct.

Question 40

The question of civil competence focuses on whether a person has the ___________.

A)ability to take care of himself or herself
B)capacity to understand information relative to decision making in a given situation and then make an informed choice about what to do in that situation
C)ability to understand the difference between right and wrong
D)ability to communicate effectively with a defense lawyer

Question 41

When child custody is disputed, a custody evaluation takes place. Which of the following represents how this occurs?

A)A judge can appoint one clinician to conduct a custody evaluation that is then available to all of the parties.
B)Each side can retain its own expert to conduct independent evaluations.
C)The sides can agree to share the expenses of hiring an expert to conduct one evaluation.
D)All of these are correct.

Question 42

Specific guidelines for conducting child custody evaluations have been developed by the ___________.

A)American Psychiatric Association
B)Association of Family and Reconciliation Courts
C)American Academy of Child Welfare
D)American Academy of Child and Adolescent Psychiatry

Question 43

_____________________ typically refers to the living arrangement for the affected children, while _____________________________ concerns who is responsible for decision-making regarding the children.

A)Legal custody; joint custody
B)Sole custody; joint custody
C)Physical custody; legal custody
D)Legal custody; physical custody

Question 44

Beth and Tom have been awarded joint custody of their two children. Beth has been designated the residential parent so the children live with her most of the time. Recently, Beth decided that she wanted her older daughter to leave public school and start at a private school. How is Tom involved in this decision?

A)Tom is not officially involved in this decision as Beth is the residential parent.
B)Tom is involved in this decision only if Beth will need him to help pay for school.
C)Tom needs to be a part of this decision as joint custody gives him parental rights concerning these types of decisions.
D)Tom is not officially involved in this decision as long as Beth is paying the school's tuition.

Question 45

Troy and Diana are going through a divorce. A judge-appointed clinician is evaluating the situation to determine the best outcome for their daughter. If the clinician decides to recommend the custodial arrangement that is most common, what recommendation is the clinician going to make?

A)Joint legal custody
B)Joint physical custody
C)Sole custody without visitation
D)Sole custody with visitation

Question 46

Psychological autopsies are more likely to be admitted in ____________ than in _____________.

A)workers' compensation cases; criminal cases
B)criminal cases; workers' compensation cases
C)cases involving the validity of wills; workers' compensation cases
D)criminal cases; civil cases

Question 47

Which of the following is NOT true in terms of joint custody?

A)Joint custody generates more demands for cooperation between separated parents.
B)Joint custody requires that affected children spend 50% of their time with each of their parents.
C)Joint custody results in more separations and reunions between children and parents.
D)Joint custody requires more interaction between separated or divorced parents.

Question 48

Which of the following factors is NOT indicated by the Uniform Marriage and Divorce Act to be considered when evaluating the best interests of a child for purposes of custody?

A)Wishes of the parents
B)Child's adjustment at home and school
C)Wishes of the child
D)Financial earnings of the parents

Question 49

In the case of Gregory Kingsley, a Florida court ruled that a 12-year-old boy could________.

A)file for a termination petition
B)choose the physical and legal custody arrangements
C)request to live with his grandparents over parent objections
D)request to be placed in foster care

Question 50

When do the most significant effects of divorce on children occur?

A)Within the first five years
B)When the children are between the ages of one and two years old
C)Within the first year or two
D)When the affected children reach adulthood

Question 51

________has been shown to be an effective alternative for divorcing couples and child custody.

A)Mediation
B)Collaborative divorce
C)Litigation
D)All of these are correct.

Question 52

What happens in the case of joint child custody?

A)The child spends an equal amount of time with both parents.
B)One parent is designated the residential parent.
C)The child spends more time with one parent, and for practical reasons, that primary parent is the one who makes education and health care decisions.
D)The child will live with only one parent and all legal decision-making authority for that child will rest with the other parent.

Question 53

Which of the following is the least common recommended custodial arrangement?

A)Limited joint custody
B)Joint custody
C)Single parent custody without visitation
D)Single parent custody with visitation

Question 54

Most child custody evaluations include ________.

A)observation of interactions between child and parents
B)psychological autopsy of parents
C)interviews of persons closely related to the parents and family
D)interviewing the father of the child

Question 55

Most of the time spent conducting a child custody evaluation is used in ________.

A)conducting psychological testing of the parents and children
B)obtaining and reviewing records and documents relevant to the issue of custody
C)providing testimony to the court about the evaluation results and recommendations
D)interviewing and observing the parents and children involved in the case

Question 56

Which of the following is NOT a difference between joint custody and sole custody?

A)The frequency of interaction is evenly distributed between the children and the parents.
B)Interactions between the divorced parents generate more demands for cooperation concerning the children.
C)Alteration in caregiving arrangements increases along with more separations and reunions between children and parents.
D)Both parents do not have parental rights concerning decisions about the child's general welfare.

Question 57

Protective factors that make it less likely that divorce will adversely affect the children involved include ______.

A)parents with a low conflict marriage and parents who are cooperative and do not expose their children to parental conflict
B)either parent becoming involved with a new partner and parents who are competent and well adjusted
C)a custodial parent with family support and a noncustodial parent with regular and consistent contact with the children
D)diminished parenting and parents who are cooperative and do not expose their children to parental conflict

Question 58

Which of the following is the most commonly recommended custodial arrangement?

A)Joint legal custody
B)Joint physical custody
C)Sole custody without visitation
D)Sole custody with visitation

Question 59

The case of Banks v. Goodfellow dictates the legal standard for _______.

A)testators' competence to execute a will
B)psychological autopsies of an individual
C)assessing the testator's competence to make treatment decisions
D)assessing the workers' compensation claims

Question 60

Ackerman and Ackerman (1997)found that mental health professionals who conducted child custody evaluations spent an average of _____ hours on each custody evaluation.

A)9
B)19
C)30
D)39

Question 61

Over the past several years, the number of available inpatient hospital beds and the length of hospital stays for persons with mental illness have significantly decreased due to _____________.

A)an increase in community-based mental health programs
B)deinstitutionalization of the mentally ill
C)a heightened standard for involuntary civil commitment
D)All of these are correct.

Question 62

Which Supreme Court case ruled that mental illness and a need for treatment are not sufficient justifications for the involuntary commitment for those not dangerous?

A)Payne v. Tennessee (1991)
B)Wilson v. United States (1968)
C)Cruzan v. Director, Missouri Department of Health (1990)
D)O'Connor v. Donaldson (1975)

Question 63

Tort law provides a mechanism to remedy the harms that _______.

A)an individual has suffered from wrongful acts by another party
B)a society has suffered from wrongful acts by an individual
C)a society has suffered from wrongful laws enacted in the past
D)an individual has suffered from the wrongful acts of the society

Question 64

Mentally ill persons are often involuntarily committed to psychiatric hospitals due to dangerousness, which is defined by the _______.

A)nature and severity of predicted and actual aggression
B)various risk factors associated with the probability that violence or aggression will occur
C)overall probability that harm will occur
D)All of these are correct.

Question 65

In 2002, Mark Taylor, a survivor of the Columbine High School shooting, sued the pharmaceutical company that manufactures Luvox, an antidepressant drug that one of the shooters was taking at the time of the shooting. How did the case conclude?

A)Based on the testimony of Peter Breggin, M.D., the court ordered the pharmaceutical company to pay a fine and recall the product.
B)Taylor dropped his lawsuit in exchange for a contribution from the pharmaceutical company to the American Cancer Society.
C)The case remains inconclusive after several experts criticized Peter Breggin's testimony as baseless.
D)The court decided in favor of the pharmaceutical company, once the motion to exclude Breggin's testimony was granted.

Question 66

In O'Connor v. Donaldson the Supreme Court ruled that mental illness and a need for treatment were _______.

A)sufficient reasons for involuntary commitment
B)insufficient reasons for involuntary commitment if a family member was willing to care for the person
C)sufficient reasons for involuntary commitment if the person needing treatment was a minor, not an adult
D)insufficient reasons for involuntary commitment if the person was not dangerous

Question 67

____________________may occur after a conditional release from a hospital or to prevent inpatient commitment.

A)Voluntary commitment
B)Involuntary commitment
C)Emergency detention
D)Outpatient commitment

Question 68

Which of the following is NOT a civil commitment permitted by law?

A)Emergency detention
B)Voluntary inpatient commitment
C)Involuntary inpatient commitment
D)Automatic confinement

Question 69

In evaluations and testimony presented by forensic clinicians, information encountered first is the most influential. This phenomenon is called _______.

A)anchoring
B)base rate neglect
C)confirmation bias
D)WYSIATI

Question 70

Which of the following determines involuntary commitments?

A)Dangerousness
B)Grave disability
C)Pressure from relatives
D)Approval from the hospital

Question 71

A person holding a policy in Acme Insurance dies. The company wants to determine the cause of death, as it could legitimately deny the nominee death benefits if it was a case of suicide. Which of the following can help the company in this regard?

A)Risk assessments
B)Advance medical directives
C)Psychological autopsy
D)Testamentary capacity

Question 72

Which of the following is NOT a factor of future dangerousness?

A)A jury renders a death sentence to a defendant.
B)A judge denies bail to the defendant.
C)A defendant is hospitalized after being found not guilty by reason of insanity.
D)A therapist is not bound by law to protect third parties from possible acts of violence by their patients.

Question 73

Workplace sexual harassment cases can be filed either in state courts or in federal courts, where Title VII of the federal Civil Rights Act of 1991 applies to companies with at least ______ employees.

A)10
B)15
C)25
D)30

Question 74

Selectively gathering and interpreting evidence that substantiates a hypothesis, while ignoring evidence that might disprove it, constitutes the phenomenon of _______.

A)anchoring
B)base rate neglect
C)confirmation bias
D)WYSIATI

Question 75

The legal standard for testators' competence to execute a will is derived from _______.

A)Ciesluk v. Ciesluk, 2005
B)Banks v. Goodfellow, 1870
C)O'Connor v. Donaldson, 1975
D)Foucha v. Louisiana, 1992

Question 76

__________is the basis requiring therapists to protect people from possible acts of violence by their patients.

A)Civil commitment
B)Risk assessments
C)Violence risk assessment
D)None of these are correct.

Question 77

Which of the following factors can lower the accuracy of predictions of violence?

A)If a clinician has to predict violence in a group that rarely displays it
B)Assessing a patient post treatment at a hospital
C)Assessing for long-term risk
D)All of these are correct.

Question 78

When formalizing their planning through advance medical directives, patients indicate what kinds of treatment they want _______.

A)should their financial circumstances or rule governing health insurance change
B)should their inheritance constitute more liabilities than assets
C)should they wish to participate in a clinical trial to test a promising new drug
D)should they later become incapacitated and incompetent to make treatment decisions

Question 79

David has a history of mental illness, and he has just attempted suicide. His roommate found him unconscious and called 911. David spent time in the hospital recovering from his self-inflicted wounds; during this time a mental health professional determined that David still remained a danger to himself and needed treatment. A court order was obtained and David was admitted to a mental health facility. What kind of commitment is this?

A)Voluntary inpatient
B)Involuntary inpatient
C)Emergency detention
D)Outpatient admission

Question 80

Most mental patients are initially admitted to hospitals through _______.

A)emergency detention
B)voluntary inpatient commitment
C)involuntary inpatient commitment
D)outpatient commitment