Deck 11: Forensic Assessment in Civil Cases

Question 1

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.

Answer 1

They were compensated for their psychological injuries because they had been in the "zone of danger."

Question 2

According to Chapter 11, 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 the testimony offered in court are often less than adequate.
B)Much of 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.

Answer 2

Experts do not get enough opportunities to testify about "ultimate issues" such as whether the defendant is insane.

Question 3

Doug is a plaintiff in a law suit 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.Another word for what Doug is doing is

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

Answer 3

malingering.

Question 4

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

A)duty
B)harm
C)breached duty
D)conservatorship

Question 5

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

A)the lawyer's fee.
B)the type and duration of the injury.
C)the person's salary at the time of the injury.
D)both B and C

Question 6

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 7

Last year Doris took her 8-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.According to Chapter 11, 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 the above

Question 8

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

Question 9

What condition needs to be met in order for an expert to be permitted to testify?

A)The topic of testimony needs to be relevant to the issue in dispute.
B)The usefulness of the testimony outweighs whatever prejudicial impact it might have.
C)The judge must believe that the testimony is based on sufficiently relevant and reliable scientific evidence.
D)all of the above

Question 10

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

A)defense/prosecution testimony (depending on which side hired the person testifying).
B)approved testimony.
C)opinion testimony.
D)specialist testimony.

Question 11

The Ford Motor Credit Co.v.Sheehan (1979) concerned a debt collector who was trying to collect money for a debt.He 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 conduct intended to cause distress.
B)negligent behavior intended to cause distress.
C)within the zone of danger.
D)slander.

Question 12

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 13

Torts are part of

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

Question 14

"Purely" psychological injuries may arise from

A)negligent behavior
B)extreme and outrageous conduct
C)temporarily upsetting conduct
D)both A and B

Question 15

Using the workers' compensation system, workers can seek compensation for

A)physical and psychological injuries suffered at work.
B)the cost of treatment.
C)the loss of future earning capacity.
D)all of the above

Question 16

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 an approved panel of experts known for their objectivity and competence.
B)The expert would be chosen by the judge.
C)The expert would be paid a nominal amount of money.
D)all of the above

Question 17

A proximate cause is one

A)which constitutes an obvious reason why a given harm occurred.
B)where there is not an obvious reason why a given harm occurred.
C)that immediately precedes the event in question.
D)that immediately follows the event in question.

Question 18

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

A)the male that is allegedly harassing her has worked at the company the entire time in question.
B)the male that is allegedly harassing her has harassed others at the same company.
C)the company knew or should have known about the harassment and failed to stop it.
D)the company supported the harassment.

Question 19

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

A)breaching duty.
B)lying.
C)malingering.
D)both B and C

Question 20

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

Question 21

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 22

According to information presented in Chapter 11, a common difficulty for those evaluating the competence of one to execute a will is that

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 23

According to Chapter 11, the reliability of psychological autopsies is suspected to be

A)high.
B)moderate.
C)low.
D)nonexistent.

Question 24

Most psychological autopsies rely on

A)psychological testing of family or survivors of the decedent
B)interviews with family members and persons who knew the decedent
C)prior records
D)B and C only

Question 25

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

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

Question 26

Psychologists are rarely asked to evaluate _____ cases.

A)physical-mental
B)mental-mental
C)mental-physical
D)none of the above

Question 27

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 the above .

Question 28

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 the above

Question 29

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 30

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 her likely response be?

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 the above

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

According to information presented in Chapter 11, the objectivity of psychological evaluations performed in workers' compensation cases may be compromised by the fact that

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 33

Competency to execute a will

A)requires a lesser threshold than other competencies.
B)refers to an individual's functional abilities at the time the will was drafted.
C)requires a testator to know the nature and extent of their property
D)all of the above

Question 34

The question of civil competence focuses on whether a person

A)has the ability to take care of himself or herself.
B)has the 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)has the ability to understand the difference between right and wrong.
D)can communicate effectively with a defense lawyer.

Question 35

According to information presented in Chapter 11, what approach is recommended when a patient refuses treatment that seems to be medically and psychologically justified?

A)Break the explanation of the treatment decisions into smaller pieces of information.
B)Administer a clinical assessment instrument 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)A and B only

Question 36

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 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

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

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

Question 39

Chapter 11 described a study that investigated the stability of advance directives.Researchers asked study participants to state their preferences for various life-sustaining treatments in different medical scenarios; they had these participants state their preferences twice (immediately and after varying delays).What did they generally find?

A)Participants' preferences were very stable over time.
B)Approximately one-third of participants stated treatment preferences changed over time.
C)Nearly half of participants stated treatment preferences changed over time.
D)Almost all of participants stated treatment preferences changed over time.

Question 40

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)both A and B
D)neither A nor B

Question 41

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

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 42

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 the above are possible

Question 43

Approximately __________ of children whose parents divorce will not experience long-term negative effects of divorce.

A)25%
B)45%
C)65%
D)75%

Question 44

In joint custody, usually

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 45

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 46

Mediation has been shown to be an effective alternative to litigation for couples who are divorcing, as reflected by

A)individual satisfaction with the process and outcome.
B)better understanding of children's needs.
C)both A and B
D)neither A or B

Question 47

Specific guidelines for conducting child custody evaluations have been developed by

A)the American Psychological Association.
B)the Association of Family and Conciliation Courts.
C)the American Academy of Child and Adolescent Psychiatry.
D)all of the above

Question 48

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 49

Which of the following is not accurate?

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 50

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 51

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 non-custodial 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 52

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 53

In the case of Gregory Kingsey, a Florida court ruled that a 12-year old boy could

A)file 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 54

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 55

As of 2010, approximately _______ % of households with children in the United States were single-parent families.

A)24
B)34
C)45
D)60

Question 56

Most child custody evaluations include

A)observation of interactions between child and parents.
B)standardized testing of parents and children.
C)interviews of persons who have had opportunities to observe the parents and children and family.
D)all of the above

Question 57

According to Chapter 11, 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 58

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 59

Based on the available research, the most significant effects of divorce on children occur

A)within the first five years.
B)in children ages one to two years old
C)within the first year or two
D)when affected children reach adulthood.

Question 60

_____________________ 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 61

What can help a clinician make a more accurate risk assessment?

A)The predictions are short term predictions.
B)The predictions are made for environments in which the clinician has information about the person's past behavior.
C)The clinician considers the person's history of violent behavior.
D)all of the above

Question 62

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

Question 63

Future dangerousness is a factor that is often considered when

A)a jury renders a death sentence to a defendant.
B)a judge denies a defendant bail.
C)a defendant is hospitalized after being found not guilty by reason of insanity.
D)all of the above

Question 64

The Validity Indicator Profile is a measure used to detect malingering.

Question 65

In general, judges have the training necessary to determine whether the theory,
methodology and analysis in an expert's opinion measure up to scientific standards.

Question 66

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 the above

Question 67

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 in a hospital (this can be problematic for what one sees in a hospital can be different from what one would see after release)
C)assessing for long-term risk
D)all of the above

Question 68

Researchers have found that when you compare those not seeking compensation through the courts with those who are seeking compensation, those not seeking compensation report more improvement in pain symptoms.

Question 69

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 70

It is illegal for an attorney to coach a client on how to beat psychological tests in civil litigation.

Question 71

All 50 states and the federal government have a workers' compensation system in place.

Question 72

____________________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 73

Federal courts do not allow experts to testify about the "ultimate issue" (e.g., Is a
person competent?).

Question 74

The number of psychological claims in workers' compensation cases have decreased dramatically in recent years.

Question 75

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

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

Question 76

Which of the following determines most involuntary commitments?

A)dangerousness
B)grave disability
C)pressure from relatives
D)approval from the hospital

Question 77

Mentally ill persons are often involuntarily committed to psychiatric hospitals due to dangerousness.Dangerousness is defined by

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

Question 78

Most mental patients are initially admitted to hospitals through

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

Question 79

Claims that go through the workers' compensation system are decided by juries.

Question 80

Four types of civil commitment are permitted by law.Which of the following is not one of these types?

A)emergency detention
B)voluntary inpatient commitment
C)involuntary inpatient commitment
D)automatic confinement