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

Accepted Answer

The court found the debt collector's behavior to be extreme and outrageous, intended to cause distress. This conduct was far beyond the bounds of decency and was aimed at causing severe emotional distress to the debtor's family, making it actionable under the tort of intentional infliction of emotional 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

Accepted Answer

Historically, the law has been more reluctant to compensate for emotional distress compared to tangible harms like destruction of personal property, physical injuries, or defamation (slander), due to the challenges in objectively proving and quantifying emotional harm.

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

Accepted Answer

Grisso (2003) did not list impartiality as a criticism of forensic mental assessments. Instead, criticisms include issues like irrelevance, insufficiency, and ignorance, which pertain to the content and quality of the assessments rather than their fairness or bias.

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.

Accepted Answer

Concerns about expert testimony in psychology or psychiatry often include the adequacy of scientific foundations, relevance, and cost, but not a lack of opportunities to testify on ultimate issues like insanity, which is actually a debated topic regarding its appropriateness.

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.

Accepted Answer

The courts have recently allowed plaintiffs to sue for psychological damages if the conduct arises from negligent behavior.

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

Accepted Answer

Malingering refers to the act of exaggerating or feigning illness or injury to escape duty or work. In this context, Doug exaggerating the seriousness of his complaints to potentially increase his lawsuit award fits the definition of malingering.

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.

Accepted Answer

A highly exaggerated complaint implies that the plaintiff is not being truthful, which aligns with the concept of lying.

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.

Accepted Answer

Forensic assessments often require a more comprehensive approach than standard clinical evaluations, including the use of third-party interviews and extensive review of records to gather a broad range of information relevant to the legal context.

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.

Accepted Answer

The usefulness of the testimony must outweigh any prejudicial impact it might have, ensuring that the expert's input is relevant and beneficial to the case.

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.

Accepted Answer

The presiding judge choosing the expert is a method proposed in reforms to ensure impartiality and reliability of expert testimony in court. This approach aims to reduce bias that might come from experts chosen by the defense or prosecution.

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.

Accepted Answer

They were compensated for their psychological injuries because they had been in the "zone of danger," which is a legal concept allowing for compensation for emotional distress experienced by those who were in immediate risk of physical harm as a result of a defendant's negligent actions.

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

Accepted Answer

Compensatory damages are intended to compensate the plaintiff for actual losses or injuries suffered, while punitive damages are designed to punish the defendant for particularly egregious or wrongful behavior and to deter similar conduct in the future.

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

Accepted Answer

Workers' compensation typically covers physical and psychological injuries suffered at work, the cost of treatment, and the loss of future earning capacity, but it does not usually cover the lawyer's fees incurred by the injured worker in pursuing their claim.

Question 14

"Purely" psychological injuries may arise from __________.
A)negligent behavior
B)intentional misconduct
C)temporarily upsetting conduct
D)willful defaulting

Accepted Answer

The answer of "Purely" psychological injuries may arise from __________.
A)negligent...

Question 15

Torts are part of __________.
A)criminal cases
B)civil cases
C)workers' compensation cases
D)competency hearings

Accepted Answer

Torts are a part of civil cases where a plaintiff seeks compensation for damages caused by the defendant's actions.

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

Accepted Answer

Conservatorship is not involved in proving a tort in a court of law. A tort requires proving that there was a duty, that duty was breached, and harm resulted from the breach. Conservatorship, on the other hand, relates to the legal concept of managing another person's life and assets due to incapacity or disability.

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

Accepted Answer

To sue her company, Donna must demonstrate that the company was aware or should have been aware of the harassment and did not take appropriate action to stop it.

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

Accepted Answer

The proposed reform aims to emphasize the nature of the testimony being based on the expert's opinion, hence the term "opinion testimony" is suggested to replace "expert" testimony. This change is intended to remind jurors that the testimony is based on the expert's personal analysis and interpretation.

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

Accepted Answer

A proximate cause is a primary cause that directly leads to an event, such as an injury, and is an obvious reason why the harm occurred.

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.

Accepted Answer

The size of an award from the workers' compensation system is primarily determined by the type and duration of the injury, as these factors directly impact the extent of the worker's losses and the compensation needed for recovery.

Quiz 11: Assessment in Civil Cases

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

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

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

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

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

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

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?

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?

Compensatory damages refer to _ while punitive damages refer to ______.

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

"Purely" psychological injuries may arise from __________.

Torts are part of __________.

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

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 _______.

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

A proximate cause is one _______________.

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