Deck 6: Family Law and Other Forms of Civil Litigation

Question 1

Who governs the rules for obtaining a divorce?

A) State laws
B) Mental health professionals
C) Federal laws
D) The courts

Answer 1

State laws

Question 2

Who among the following have been given a Constitutional right to be involved in a child's life?

A) Legal parents, unless they are incarcerated
B) Legal parents
C) Grandparents
D) Siblings

Answer 2

Legal parents

Question 3

Why are family courts often considered dangerous places for court officers, personnel, and participants?

A) They are often the setting for the most violent types of crimes
B) Litigants are often represented by overzealous attorneys
C) There is typically little security, especially at entry points
D) The issues involve a high degree of emotion and stress

Answer 3

The issues involve a high degree of emotion and stress

Question 4

Which of the following is correct about termination of parental rights?

A) It is a court decision that has increased dramatically in recent years.
B) Parental rights are terminated while a parent is imprisoned.
C) Termination is rare and requires exceptional circumstances.
D) A mother's rights may not be terminated, but a father's rights may be.

Question 5

According to the least detrimental alternative standard, psychological knowledge can best be used in child custody arrangements by helping to determine which

A) custody arrangement will do least harm.
B) parent would be the better parent.
C) living situation would make the child the happiest.
D) caregiver supports the child's personality.

Question 6

What significant change occurred in child custody evaluations between 1997 and 2008?

A) An increase in the use of personality measures
B) An increase in projective instruments that didn't meet the Daubert standard
C) The more frequent use of intelligence and aptitude testing of children
D) The more frequent use of interviewing extended family members

Question 7

What is a criticism of many testing instruments that are used for custody evaluations?

A) They cause numerous adverse effects for children
B) They don't address the ultimate issue
C) Their reliability has not been demonstrated
D) They are not used appropriately by evaluators

Question 8

In which situation would a psychologist most likely be asked to conduct a visitation risk assessment?

A) When a custodial parents challenges the visitation rights of a parent
B) At the beginning of the divorce proceeding and before custody has been determined
C) When parents separate and were never married
D) During a child custody evaluation

Question 9

Imagine you are forensic psychologist who has been retained by an attorney for the plaintiff in a civil injury case. How would you proceed?

A) Determine whether or not the plaintiff meets the DSM-V criteria for post-traumatic stress disorder.
B) Evaluate which type of damages the defendant should receive, compensatory or punitive damages
C) Determine the specific behavior the defendant used to harm the plaintiff
D) Evaluate the type and degree of harm suffered by the plaintiff

Question 10

A forensic psychologist who has been appointed by family court to provide emotional support during a divorce proceeding is playing the role of

A) coach.
B) review expert.
C) consultant.
D) mediator.

Question 11

The standard for determining child custody which presumes that the child is best left in the care of the mother is called the

A) best interest of the child standard.
B) tender years doctrine.
C) least detrimental alternative standard.
D) golden nurturer doctrine.

Question 12

Who makes the custody decision in the majority of divorce cases involving dependent children?

A) The consulting psychologist
B) The parents
C) The judge
D) The child(ren)

Question 13

Which of the following is an example of legal parental authority?

A) Allowing a child a playdate at a friend's house
B) Permitting the child's involvement in school sports
C) Letting a teenager borrow the car
D) Choosing a pediatrician

Question 14

Research suggests that _______ are the most common examiners involved in custody evaluations.

A) psychiatrists
B) attorneys
C) psychologists
D) social workers

Question 15

Lara and Tom are working together on a divorce case that involves one minor child. Lara is a family law attorney representing one of the litigants and Tom is the forensic psychologist conducting the custody evaluation. Which component of Tom's evaluation will Lara find most important?

A) Psychological testing of the child
B) Psychological testing of the parents
C) Recommendations concerning custodial arrangements
D) Recommendations to collateral sources such as schools

Question 16

What is the most common custody arrangement in the United States?

A) Divided custody
B) Sole custody
C) Joint custody
D) Split custody

Question 17

Today, the __________ has replaced the __________as the child custody standard.

A) best interest of the child standard; tender years doctrine
B) tender years doctrine; best interest of the child
C) least detrimental alternative standard; golden nurturer doctrine
D) golden nurturer doctrine; least detrimental alternative

Question 18

A proven wrongful act that may be subject to recoverable damages in a civil lawsuit is called a(n)

A) codich.
B) proceeding.
C) evaluation.
D) tort.

Question 19

Dr. Goodman is a forensic psychologist who has been asked to answer the ultimate issue question in a child custody case. What is this question?

A) Which parent should be given custody of the child?
B) Does the child have potential for future violent behavior?
C) Does the child meet criteria for juvenile psychopathy?
D) Which parent has committed a crime?

Question 20

Which statement accurately summarizes research findings on the effects of divorce on children?

A) Sole custody is the optimal custody arrangement for both parents and children.
B) Children are best served when they have strong and healthy relationships with both parents.
C) The financial standard of living rises precipitously for most children following divorce.
D) Most children of divorced parents are resilient and show no long-term negative effects from the experience.

Question 21

In re Quinlan, 1976 and Cruzan v. Director, Missouri Department of Health, 1990 were two cases which highlighted the importance of which document?

A) Competency assessments
B) Hastened death evaluations
C) Testamentary wills
D) Advance directives

Question 22

Research suggests the most problematic element of informed consent is

A) competency.
B) mental state.
C) coercion.
D) disclosure.

Question 23

Knowing the nature and extent of one's property and awareness of the nature and relationship of those who may be beneficiaries are elements of

A) civil capacity.
B) testamentary capacity.
C) tort competence.
D) litigable competence

Question 24

The SEQ-L includes which important component not addressed in the SEQ?

A) Behaviors that could be legally constructed as sexual harassment
B) A sixth type of harassment called gender harassment
C) Behaviors relevant to the Latina experience
D) Prevalence of sexual harassment among the LGBT population

Question 25

A psychological test used for a personal injury claim cannot determine

A) neuropsychological damages due to a traumatic brain injury.
B) one's psychological functioning and level of adjustment.
C) whether an injury is derived from personality factors.
D) the extent of a mental injury.

Question 26

In order to qualify as illegal, sexual harassment must be __________ and __________.

A) irritating; offensive
B) severe; pervasive
C) subjective; humiliating
D) debilitating; unwanted

Question 27

Dr. Tom is a forensic psychologist who has been has been asked to evaluate the scope of damages for a plaintiff who has suffered a traumatic brain injury. Dr. Tom likely specializes in

A) neuropathy.
B) neuropsychology.
C) neurapraxia.
D) neuroforensics.

Question 28

Sexual harassment is sex neutral. What does this mean?

A) Perpetrators are not interested in sex
B) A victim's sexual history is irrelevant
C) Perpetrators don't recognize gender roles
D) Victims can be male or female

Question 29

What burden of proof is required for involuntary civil commitment of a mentally disordered individual?

A) Reasonable suspicion
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Preponderance of the evidence

Question 30

Which of the following is an instrument intended to measure a person's competence to consent to treatment?

A) SCAT
B) CAST-MR
C) MacCAT-T
D) PASAAR

Question 31

Psychologists evaluating plaintiffs who allege they have suffered harm are advised to focus on __________ in their reports rather than __________.

A) the plaintiff; the defendant
B) the defendant; the plaintiff
C) functional impairments; psychiatric diagnoses
D) psychiatric diagnoses; functional impairments

Question 32

After spending years caring for her mother during the end of her life, Gretchen supports the idea of obtaining a physician's help to achieve death. Gretchen likely describes herself as supporting

A) physician assisted suicide.
B) competency.
C) death with dignity
D) incapacitation.

Question 33

Which controversial type of outpatient civil commitment is designed for individuals who don't qualify for the dangerousness standard but need treatment to prevent further deterioration?

A) Conditional release
B) Reasonable woman
C) Least restrictive alternative
D) Preventive commitment

Question 34

Which type of capacity is often evaluated retrospectively?

A) Capacity to consent to treatment
B) Mental capacity
C) Capacity to withdraw treatment
D) Testamentary capacity

Question 35

What is the standard of proof for most civil cases?

A) Beyond a reasonable doubt
B) Preponderance of evidence
C) Clear and convincing evidence
D) Nolo contendre

Question 36

The procedure for assessing testamentary capacity is similar to a

A) civil commitment hearing.
B) psychological autopsy.
C) child custody evaluation.
D) risk assessment.

Question 37

Deterring the defendant from further harmful action and to discouraging others from committing similar harmful acts in the future are the main goals of __________ damages.

A) compensatory
B) exculpatory
C) punitive
D) vindictive

Question 38

What burden of proof is required for involuntary civil commitment of an individual with an intellectual disability?

A) Reasonable suspicion
B) Clear and convincing evidence
C) Beyond a reasonable doubt
D) Preponderance of the evidence

Question 39

Why must psychologists be especially cautious when assessing the need for involuntary civil commitment?

A) The presence of mental illness is difficult to ascertain
B) There is a high risk of suicide following the evaluations
C) Civil commitment involves the loss of many freedoms
D) Most patients are represented by overzealous attorneys

Question 40

Compared to sexual harassment, gender harassment

A) is usually not as degrading.
B) doesn't necessitate unwelcome sexual advances.
C) involves subjective, not objectively offensive behavior.
D) doesn't involve a hostile environment.

Question 41

Sara's parents are divorced. Sara lives with her mother for two weeks per month and her father for two weeks per month. Sara's parents have a __________ custody arrangement.

A) sole
B) joint
C) split
D) divided

Question 42

Litigants in family courts often do not have legal representation.

Question 43

In order to be effective, outpatient civil commitment must involve brief and intense treatment.

Question 44

What was the U.S. Supreme Court's ruling in Zinermon v. Burch, 1990?

A) Outpatient civil commitment of a mentally disabled individual must be brief yet intense.
B) At civil commitment hearings, mentally disabled individuals must be represented by a mental health advocate.
C) Sexually violent predators can be involuntarily hospitalized following their prison sentence.
D) Persons who are seriously mentally disabled are unable to consent voluntarily to being institutionalized.

Question 45

It is possible for a person to be mentally disordered, yet still capable of making a will.

Question 46

A case-blind consultant is typically perceived as more __________ than a trial consultant.

A) credible
B) objective
C) knowledgeable
D) heterogeneous

Question 47

The U.S. Supreme Court has ruled that persons who are seriously mentally disordered are unable to consent voluntarily to being institutionalized.

Question 48

In most civil cases, a plaintiff who has an established DSM-5 diagnosis is sufficient to establish that the plaintiff was harmed.

Question 49

Advances in medical technology such as the MRI have made standardized neuropsychological tests obsolete in cases involving alleged neuropsychological damages.

Question 50

Research shows that divorce has negative effects on most children, at least in the short term.

Question 51

In employment and educational contexts, sexual harassment qualifies as discrimination.

Question 52

The best interest of the child means placing the child in the least restrictive environment.

Question 53

Identify and briefly describe the three forms of outpatient civil commitment.

Question 54

In legal guardianship determinations, the burden of proof is on the person seeking guardianship.

Question 55

An advance directive cannot be challenged in court.

Question 56

Rape shield laws are designed to protect victims of rape and sexual harassment from having their sexual history exposed in court.

Question 57

Involuntary civil commitment is illegal in most states.

Question 58

Plaintiffs in sexual harassment do not have to prove debilitating psychological deterioration

Question 59

Family courts today do not handle juvenile delinquency proceedings.

Question 60

Which of the following is a main goal of punitive damages?

A) To deter the defendant from further harmful action
B) To compensate for the harm suffered by the plaintiff
C) To ensure that a mentally disordered defendant receives treatment
D) To prevent a defendant from monetary gain

Question 61

Define the BIC standard, tender years doctrine, least detrimental alternative standard, and friendly parent rule.

Question 62

Discuss what the literature tells us about plaintiffs in sexual harassment cases who may have experienced prior sexual abuse or presents with symptoms of PTSD.

Question 63

Imagine you are conducting a relocation evaluation. Describe which factors you would consider when conducting your evaluation.

Question 64

Name three civil capacities that may be assessed by forensic psychologists.

Question 65

Compare and contrast gender harassment and sexual harassment.

Question 66

Compare and contrast psychological autopsy and an evaluation of testamentary capacity.

Question 67

Define hastened death evaluation. Discuss some of the ethical issues that may present for a psychologist who is asked to conduct one of these types of evaluations.

Question 68

Explain involuntary civil commitment. What important questions does this raise about one's civil liberties. What is your opinion?

Question 69

List the requirements involved in testamentary capacity

Question 70

Explain how a forensic evaluation for mental and neurological damages is both retrospective and prospective in nature.