Basic Law for Psychiatrists Lecture

Question 1

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

Answer 1

B) Volume number, name of periodical, page number

Question 2

All of the following are required in negligence except:

A) Causation
B) Intention
C) Damages
D) breach of duty

Answer 2

B) Intention

Question 3

All of the following are affirmative defenses except:

A) Lack of mens rea
B) Insanity
C) Duress
D) Entrapment

Answer 3

A) Lack of mens rea

Question 4

What is the standard of proof in civil trials?

Answer 4

The preponderance of the evidence

Question 5

What is the standard of proof in civil commitment hearings?

Answer 5

Clear and convincing

Question 6

What is the standard of proof for termination of parental rights?

Answer 6

Clear and convincing

Question 7

What is the standard of proof in criminal trials?

Answer 7

Beyond a reasonable doubt

Question 8

Which Amendment provides Due Process?

Answer 8

14th

Question 9

Which Amendment guarantees the right to assistance of counsel?

Answer 9

6th Amendment

Question 10

Which Amendment grants equal protection?

Answer 10

14th Amendment

Question 11

Which Amendments was cited in Ford v. Wainwright?

Answer 11

8th Amendment

Question 12

Which type of dismissal by a court is for insufficient cause for action?

Answer 12

Directed verdict

Question 13

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

Answer 13

B) Distinguished between harmless errors and reversible errors

Question 14

Which Amendment to the Constitution forbids cruel and unusual punishment?

A. 4th
B. 6th
C. 8th
D. 14th

Answer 14

C. 8th

Question 15

In law, which word applies to general-intent crimes but not specific-intent crimes?

A) Knowingly
B) Negligence
C) Purposely
D) Recklessly

Answer 15

D) Recklessly

Question 16

What term means “let the decision stand”?

Answer 16

Stare Decisis

Precedent: The law should be predictable. New cases can overwrite some cases.

Question 17

What are portions of court opinions that go beyond the facts that are not binding in subsequent cases?

Answer 17

Dicta

Question 18

What is “that which is ascertained by the sense or by the testimony of witnesses describing what they have perceived?”

Answer 18

Matters of fact.

These are decided by the triers of fact.

Question 19

What is “that which is to be decided by applying statutory rules or the principles of law?”

Answer 19

Matters of law.

Decided by judges.

Question 20

What is demurrer?

Answer 20

Dismissal. There was no cause of action.

Question 21

What is a summary judgment?

Answer 21

Dismissal: The judge dismisses because there is no cause of action or genuine issue of material fact.

Question 22

What is a directed verdict?

Answer 22

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.

Question 23

What are the types of errors that judges can make?

Answer 23

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.

Question 24

What writ functions to assess whether a prisoner/inpatient psych patient has been restrained by proper due process?

Answer 24

habeaus corpus

Question 25

What are the standards of proof?

Answer 25

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%).

Question 26

What is a reasonable medical certainty?

Answer 26

More likely than not.

Question 27

What is a reasonable person'sS perspective?

Answer 27

Objective standard

Question 28

What is a specific person's perspective considering their life experience?

Answer 28

Subjective standard

Question 29

Which Amendment provides due process in Federal trials?

Answer 29

The 5th Amendment

Question 30

Which Amendment provides due process in state trials?

Answer 30

through the 14th Amendment from the 5th Amendment

Question 31

What principle dictates that similarly situated classes must be treated similarly?

Answer 31

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.

Question 32

What does Substantive Due Process mean?

Answer 32

A violation of simple, fundamental fairness.

Question 33

What is Procedural Due Process?

Answer 33

Determining what process is due. (death penalty vs. job loss example)

Question 34

What are the three factors from Matthews v. Eldridge (1976)?

Answer 34

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.

Question 35

What are 1983 Actions?

Answer 35

42 U.S.C. 1983 - anyone who acts under law that causes deprivation of rights, privileges, or immunities can be held liable.

Question 36

What acts are done with prior knowledge by the wrong-doer that damage may result in damage?

Answer 36

Intentional torts

Question 37

What are examples of intentional torts in psychiatry?

Answer 37

false imprisonment, violation of civil rights, sex with patients, and defamation of character

Question 38

What is behavior that causes an unreasonable risk of causing harm?

Answer 38

Unintentional torts. e.g. automobile accident or malpractice

Question 39

What are the 4 D's of negligence?

Answer 39

1) Duty 2) Dereliction or breach of duty 3) Breach is the Direct cause of the damage 4) Damages must result

Question 40

What are the types of damages?

Answer 40

1) Actual damages 2) special damages 3) pain and suffering 4) Punitive

Question 41

What term means "let the master answer?"

Answer 41

Respondiat Superior or vicarious liability. Doctors may be held liable for acts of their own employees.

Question 42

What are the four types of Mens Rea under the Model Penal Code?

Answer 42

1. Purposely - conscious objective was to engage in conduct of that nature or cause that result. 2. Knowingly - the defendant "is aware that it is practically certain that his conduct will cause such a result 3. Recklessly - Consciously disregards a substantial and unjustified risk 4. Negligently - aware of a risk but inadvertently fails to take into account.

Question 43

What time of crime is done purposely and knowingly?

Answer 43

Specific intent

Question 44

What type of crime is done purposely, knowingly, and recklessly?

Answer 44

general intent

Question 45

What is the finding that the act, although wrong, should be tolerated because of the actor's characteristics or state of mind?

Answer 45

An affirmative defense. The burden of proof is on the defendant.

Question 46

What are the types of affirmative defenses

Answer 46

1) self-defense 2) Duress 3) Insanity 4) Automatism 5) Entrapment 6) Necessity defense