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Psych Law Chapter 11
| Term | Definition |
|---|---|
| tort | a wrongful act that causes harm to an individual |
| duty | individual has an obligation to another |
| breached duty | negligence or intentional wrongdoing towards another when you owe them an obligation |
| negligence | behavior that falls below a standard for protecting others from unreasonable risks; often measured by asking whether a "reasonable person" would have acted as the civil defendant acted in similar circumstances |
| intentional behavior | conduct in which a person meant the outcome of a given act to occur |
| proximate cause | constitutes an obvious or substantial reason why a given harm occurred; sometimes equated with producing an outcome that is "foreseeable" |
| harm | loss must occur and has to involve a legally protected right or interest for which the person can seek to recover damages that have been suffered |
| compensatory damages | payment for injuries suffered |
| punitive damages | punishment of the company for its failure to respond properly to the misconduct |
| malingering | exaggeration or fabrication; sometimes involves outright lying |
| civil competencies | mental competence raised in noncriminal contexts; focuses on whether an individual has the capacity to understand information that is relevant to decision-making in a given situation and then make an informed choice about what to do in that situation |
| advanced medical directives | patients indicate what kinds of treatment they want should they later become incapacitated and incompetent to make treatment decisions |
| testamentary capacity | the legal term of art used to describe a person's legal and mental ability to make or alter a valid will |
| psychological autopsies | clinician gives opinion about deceased person's state of mind as it existed at a specific time before death |
| civil commitment | authorize custody and restraint of persons who, as a result of mental illness, are a danger to themselves or other or who are so gravely disabled that hey cannot care for themselves |
| dangerousness | one of the central constructs of mental health law; whether a person is now or could be in the future be dangerous is an issue that underlies many decisions in our system of justice |
| risk assessments | using best available data and research to predict which persons are and which are not likely to behave violently in certain circumstances, give some estimate of the risk for violence, and offer suggestion on how to reduce the risk |
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