Deck 6: Family Law and Other Forms of Civil Litigation

Question 1

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

A) codicil
B) proceeding
C) evaluation
D) tort

Answer 1

D

Question 2

Which statement 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.

Answer 2

C

Question 3

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)

Answer 3

B

Question 4

In Troxel v. Granville (2000), the Supreme Court denied ______ a constitutional right to visit their minor relative.

A) legal parents
B) grandparents
C) incarcerated parents
D) siblings

Question 5

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 6

Who governs the rules for obtaining a divorce?

A) state laws
B) mental health professionals
C) federal laws
D) the courts

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

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

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

Question 9

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 10

Sue has been offered a job in a city far away. Sue has four minor children: Val aged 5, Nic aged 7, Stella aged 10, and Millie aged 15. According to available research, which child is more likely to show better adjustment to the move?

A) Val, 5
B) Nic, 7
C) Stella, 10
D) Millie, 15

Question 11

Why are family courts often considered dangerous places for court officers, other court 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.

Question 12

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 13

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 14

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 the least harm
B) parent would be the better caregiver
C) living situation would make the child the happiest
D) caregiver supports the child's personality

Question 15

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

A) when a custodial parent challenges the visitation rights of a noncustodial 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 16

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 17

Which standard for determining child custody presumes that the child is best left in the care of the mother?

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

Question 18

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

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

Question 19

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

A) allowing a child to play at a friend's house
B) permitting the child's involvement in school sports
C) letting a teenager borrow the car
D) choosing a child's pediatrician

Question 20

Alex and Sam are working together on a divorce case that involves one minor child. Alex is a family law attorney representing one of the litigants and Sam is the forensic psychologist conducting the custody evaluation. Which component of Sam's evaluation will Alex 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 21

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

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

Question 22

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 23

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 24

Gretchen has decided to complete a legal document to make her health wishes known, should she become physically incapacitated. Gretchen is working on a(n) ______.

A) advance directive
B) competency evaluation
C) death with dignity application
D) treatment assessment tool

Question 25

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 contendere

Question 26

According to the research, which psychological instrument is superior in personal injury litigation?

A) MMPI-2
B) fMRI
C) STATIC-99
D) MacCAT-T

Question 27

Research suggests that the most problematic element of informed consent is ______.

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

Question 28

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 29

Which instrument is intended to measure a person's competence to consent to treatment?

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

Question 30

Dr. Tom is a forensic psychologist who 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 31

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 32

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 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

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 35

Deterring the defendant from further harmful action and 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 36

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 37

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 38

Imagine you are a forensic psychologist who has been retained by an attorney for the plaintiff in a civil injury case. Which step would you take first?

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 39

Knowing the nature and extent of one's property and an 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 40

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 41

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

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

Question 42

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

Question 43

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

Question 44

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 45

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

Question 46

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 47

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 48

An advance directive cannot be challenged in court.

Question 49

Parental rights are not terminated when parents of young children are incarcerated.

Question 50

Involuntary civil commitment is illegal in most states.

Question 51

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

Question 52

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

Question 53

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

Question 54

Litigants in family courts often do not have legal representation.

Question 55

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

Question 56

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

Question 57

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 58

Family courts today do not handle juvenile delinquency proceedings.

Question 59

Sara's parents are divorced. Sara lives with her mother for 2 weeks per month and her father for 2 weeks per month. Sara's parents have a ______ custody arrangement.

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

Question 60

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

Question 61

Compare and contrast gender harassment and sexual harassment.

Question 62

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

Question 63

Preventive outpatient treatment is synonymous with assisted outpatient treatment.

Question 64

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

Question 65

Identify the four areas the MacArthur Competence Assessment Tool-Treatment is designed to measure. Briefly explain the concerns with the tool.

Question 66

Describe the six categories of good parenting, as defined by Eve, Byrne, and Gagliardi (2014). Name one other category you could add to this list.

Question 67

Who is Kendra Webdale? How does she pertain to concepts in the chapter?

Question 68

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

Question 69

Harassment is a form of discrimination.

Question 70

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