Forensic Psychology Final Flashcards
(57 cards)
Personal Injury Cases involve two aspects. What are they?
Damages & Liability
Damages
How much dmage is caused by the injury
Liabiity
The party responsible for the damages
Plantiff
person claiming injury
Malpracticethe
failure to provide the appropriate standard of care
Criminal Law
An offense against the state
Civil law
Infringement of Civil rights
Whats the burden of proof for Criminal Law?
Boyond a reaasonable doubt
What is the burden of proof for Civil LAw?
preponderence of the evidence
What is a tort?
a legal claim in the version of a law suit
Puntitive Damages
Finalcial awards that serve as punishment
What are the 4 psychological damages?
1) emotional Distress
2) Emotional Harm
3) Emotional Damage
4) PAIN AND SUFFERING
What is a personal injury lawsuit?
a lawsuit seeking compensation from the defendent for their mental health
5 Necessary elements of a tort are
1) Existence of a duty was owed
2) The duty was breached
3) Proximate cause- the breech of duty resulted in an injury that would not have occurred if the injury was not breached
4) The injury cause ACTUAL Damages
5) Is the damage compensable?
What are the 4 theories of compensable duties?
1) The Impact Rule
2) Zone of Danger Rule
3) Bystander Proximity Rule
4) Full Recovery Rule
What is The Impact Rule?
damages are rewarded for some type of emotion injury if their was some physical contact.i.e. a person who was in a car accident may have a fear of oncoming cars)
What is the Zone of Danger Rule?
If the plaintiff was THREATENED by phisical harm, they can sue for compensation. (air show)
Bystander Proximity Rule?
If the person witnesses an accident that severly injured a close friend/relative, they can sue for pain and suffering
What is the Full Recovery Rule?
allowscompensation for emaotional distress when it is belived that the “Reasonle person” would have experienced the same distress.
Negligent Infliction of Emotional Distress
need the 5 basic element PLUS proof that the breach of duty was:
1) Negligent (careless)
2) caused sever emotional distress
Intentional Infliction of Emotional Distress
need the 5 basic element PLUS proof that the breach of duty was:
1) Intentional (foreseeable)
2) extreme or dangerous
3) caused sever or emotional distress
Dismissed WITH prejudice
the case was dismissed by the judge and cannot be brought before the court again
Dismissed WITHOUT prejudice
judge dissmisses the case ; but the case can be brought for refiling at a later date.
Directed verdict
judge can rule that the plaintiff has failed to present sufficient evidence to support the basic element of a tort