Basic Law for Psychiatrists Lecture Flashcards
Resnick
Legal citations are in the following order:
A) Name of periodical, volume number, page number
B) Volume number, name of periodical, page number
C) Page number, name of periodical, volume number
D) Name of periodical, page number, volume number
B) Volume number, name of periodical, page number
All of the following are required in negligence except:
A) Causation
B) Intention
C) Damages
D) breach of duty
B) Intention
All of the following are affirmative defenses except:
A) Lack of mens rea
B) Insanity
C) Duress
D) Entrapment
A) Lack of mens rea
What is the standard of proof in civil trials?
The preponderance of the evidence
What is the standard of proof in civil commitment hearings?
Clear and convincing
What is the standard of proof for termination of parental rights?
Clear and convincing
What is the standard of proof in criminal trials?
Beyond a reasonable doubt
Which Amendment provides Due Process?
14th
Which Amendment guarantees the right to assistance of counsel?
6th Amendment
Which Amendment grants equal protection?
14th Amendment
Which Amendments was cited in Ford v. Wainwright?
8th Amendment
Which type of dismissal by a court is for insufficient cause for action?
Directed verdict
Chose the correct statement about the actions of appellate courts:
A) Base decisions on trial-court records, not on briefs
B) Distinguished between harmless errors and reversible errors
C) Do not allow amicus curiae briefs
D) Gather new evidence
B) Distinguished between harmless errors and reversible errors
Which Amendment to the Constitution forbids cruel and unusual punishment?
A. 4th
B. 6th
C. 8th
D. 14th
C. 8th
In law, which word applies to general-intent crimes but not specific-intent crimes?
A) Knowingly
B) Negligence
C) Purposely
D) Recklessly
D) Recklessly
What term means “let the decision stand”?
Stare Decisis
Precedent: The law should be predictable. New cases can overwrite some cases.
What are portions of court opinions that go beyond the facts that are not binding in subsequent cases?
Dicta
What is “that which is ascertained by the sense or by the testimony of witnesses describing what they have perceived?”
Matters of fact.
These are decided by the triers of fact.
What is “that which is to be decided by applying statutory rules or the principles of law?”
Matters of law.
Decided by judges.
What is demurrer?
Dismissal. There was no cause of action.
What is a summary judgment?
Dismissal: The judge dismisses because there is no cause of action or genuine issue of material fact.
What is a directed verdict?
Dismissal. “Reasonable persons could not differ.” Occurs after the prosecutor puts on the case or after the presentation of the entire case. Not typically pursued if there is a jury.
What are the types of errors that judges can make?
Harmless error - a minor error that does not change the outcome
Reversible error - an error that may have influenced the outcome and could warrant a new trial.
What writ functions to assess whether a prisoner/inpatient psych patient has been restrained by proper due process?
habeaus corpus
What are the standards of proof?
Beyond a reasonable doubt (91%) - criminal
Clear and convincing (75%) - more than money but not a criminal conviction, such as custody or deportation
Preponderance of the evidence (51%)
Probable Cause (<50%).
What is a reasonable medical certainty?
More likely than not.
What is a reasonable person’sS perspective?
Objective standard
What is a specific person’s perspective considering their life experience?
Subjective standard
Which Amendment provides due process in Federal trials?
The 5th Amendment
Which Amendment provides due process in state trials?
through the 14th Amendment from the 5th Amendment
What principle dictates that similarly situated classes must be treated similarly?
Equal Protection, 14th Amendment
Was there a rational basis for different treatment?
Suspect classes are treated with strict scrutiny or the need for a very good reason.
What does Substantive Due Process mean?
A violation of simple, fundamental fairness.
What is Procedural Due Process?
Determining what process is due. (death penalty vs. job loss example)
What are the three factors from Matthews v. Eldridge (1976)?
1) private interest affected by the government’s actions
2) risk of erroneous deprivation through processes
3) the government’s interest
This case is frequently mentioned in other landmark cases.
What are 1983 Actions?
42 U.S.C. 1983 - anyone who acts under law that causes deprivation of rights, privileges, or immunities can be held liable.
What acts are done with prior knowledge by the wrong-doer that damage may result in damage?
Intentional torts
What are examples of intentional torts in psychiatry?
false imprisonment, violation of civil rights, sex with patients, and defamation of character
What is behavior that causes an unreasonable risk of causing harm?
Unintentional torts.
e.g. automobile accident or malpractice
What are the 4 D’s of negligence?
1) Duty
2) Dereliction or breach of duty
3) Breach is the Direct cause of the damage
4) Damages must result
What are the types of damages?
1) Actual damages
2) special damages
3) pain and suffering
4) Punitive
What term means “let the master answer?”
Respondiat Superior or vicarious liability.
Doctors may be held liable for acts of their own employees.
What are the four types of Mens Rea under the Model Penal Code?
- Purposely - conscious objective was to engage in conduct of that nature or cause that result.
- Knowingly - the defendant “is aware that it is practically certain that his conduct will cause such a result
- Recklessly - Consciously disregards a substantial and unjustified risk
- Negligently - aware of a risk but inadvertently fails to take into account.
What time of crime is done purposely and knowingly?
Specific intent
What type of crime is done purposely, knowingly, and recklessly?
general intent
What is the finding that the act, although wrong, should be tolerated because of the actor’s characteristics or state of mind?
An affirmative defense. The burden of proof is on the defendant.
What are the types of affirmative defenses
1) self-defense
2) Duress
3) Insanity
4) Automatism
5) Entrapment
6) Necessity defense
