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9 Cards in this Set

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4 elements involved in proving a tort in a court of law
1. duty
2. breach of duty
-negligence or intentional wrong doing?
3. proximate cause
4. harm (damages)
-compensatory
-punitive
-injunctive
What characteristics must a "competent" person exhibit?
1. Understand basic info relevant to making a decision
2. Apply that info to a specific situation in otder to anticipate consequences of various choices
3. Use logical, rational thinking to evaluate pros and cons of various strategies and decisions
4. Communicate a personal decision or choice about the matter under consideration
testamentary capacity
Having the mental capacity to execute a will when it is signed and witnessed, including the capacity to resist the pressures or domination of anyone who might try to exert undue influence on the distribution of the estate of the person writing the will.
Criteria used in making decisions about child custody disputes
-Psychological parent vs. Nurturing parent?
-Parenting abilities?
civil commitment
the legal proceeding by which a person who is mentally ill and imminently dangerous is involuntarily committed to a psychiatric hospital
4 types of civil commitment
1. Emergency detention - a cop, mental health professional, or sometimes a private citizen can initiate involuntary detention of another person. The cause is actual or anticipated harm against self or others
2. Voluntary inpatient commitment - one volunteers to enter, but still must meet criteria
3. Involuntary inpatient commitment - requires a court order (Baker Act)
4. Outpatient commitment - treatment in a mental health center instead of a hospital
static predictors
ONGOING. Tend to be the strongest predictors of future violence. (A history of prior violence, the younger a person's age, history of relationship/employment instability, pattern of drug/alcohol abuse, major mental disorder)
dynamic predictors
CURRENT. Often correlate with increased risks for dangerous behavior. (Lack of insight into one's own personality, tendency to be angry and hostile, impulsive, resistance to psychiatric treatment)
risk management predictors
Involve characteristics of social and physical environments that can elevate risks for violence. (Lack of adequate supervision, easy access to victims, weapons, drugs)