Clinicians in Court

Clinicians in Court

Questions from chapter 1

1)Someone who can provide proof of, or attests to a fact or event is a

a)plaintiff

b)witness

c)tribunal

d)clinician

2)Among cases that are filed in court, less than what percent result in a full trial of the issues?

a)5%

b)10%

c)15%

d)20%

3)In family law, the party bringing the action to court has the responsibility to prove its case on the preponderance of the evidence.

a)True

b)False

Questions from chapter 2

4)According to Schetky & Colbach (1982) what does the clinician need to be aware of, so it won't hinder her effectiveness as a witness?

a)experience level

b)competencies

c)countertransference

d)dual relationships

5)According to Lynch & Michell (1995) attorneys and clinicians have common interests in all of the following areas EXCEPT

a)client rights

b)advocacy

c)justice

d)self-determination

6)Which theoretical approach fits best with the needs of an adjudicative process?

a)feminist

b)client centered

c)psychoanalytic

d)cognitive

7)Disrespect between attorneys and clinicians may stem from differences in

a)objectives

b)ethics

c)training

d)developmental stage

Questions from chapter 3

8)When contacted by an attorney ask the attorney all of the following EXCEPT

a)What information do you want

b)How did you learn the person is my client

c)Why is this information needed

d)How do you want to get this information

9)A lawyer representing interests that are generally consistent with your own, is known as a

a)friendly attorney

b)plaintiffs' attorney

c)defense attorney

d)family attorney

10)According to Barsky (2000) what is useful when the client directly complaints to you?

a)legal consultation

b)the state or local licensing board

c)thorough documentation

d)conflict resolution skills

11)As a general rule, clinicians have a duty to report illegal behavior to police when it is discussed in therapy.

a)True

b)False

12)One appropriate response to a motion to compel is a

a)motion to remove

b)motion to quash

c)motion to implode

d)motion to retreat

13)A summons requiring you to appear before court to give testimony is a

a)subpoena

b)service

c)warrant

d)motion

Questions from chapter 4

14)State of Oregon v. Milbrandt (1988) reminds us that mental health professionals

a)have a duty to report certain threats

b)cannot testify as to fact in a hearing

c)must carry liability insurance

d)do not judge the credibility of a witness

15)To assess credibility, the attorney may ask questions concerning all of the following EXCEPT

a)motivation

b)perception

c)personality

d)memory

16)A party representing himself or herself is acting

a)invivo

b)pro se

c)foolishly

d)res judicata

17)A person showing the court scars or bruises is using an example of

a)documentary evidence

b)physical evidence

c)direct evidence

d)real evidence

18)Which type of evidence requires inferences to prove the proposition?

a)hearsay

b)circumstantial

c)direct

d)opinion

19)Information that is attested to from firsthand observation, perception, or experience is

a)real evidence

b)fact evidence

c)circumstantial evidence

d)eyewitness evidence

20)As a general framework of how to organize your learning about a legal issue, ask first for the

a)relevant legal principle

b)statutory obligations

c)case background

d)case law

21)As a witness, your primary obligation is to

a)protect your client's confidentiality

b)uphold the law

c)answer questions as honestly as possible

d)do no harm

22)When preparing mentally for testimony, strategies for dealing with stress include all EXCEPT

a)proper diet

b)visualization

c)breathing exercises

d)antianxiety drugs

Questions from chapter 5

23)The direct examination is conducted by the opposing attorney.

a)True

b)False

24)Addressing judges as "Your Honor" or "Judge" is a component of which the 10 rules of testifying?

a)convey professionalism

b)just the facts, ma'am/sir

c)keep your composure

d)respect the formalities of the tribunal

25)One of the most common uses of cross-examination is

a)establishing rapport

b)challenging credibility

c)establishing guilt

d)asserting dominance

26)An attorney asks a series of questions intended to nudge a witness in a particular direction. This is

a)leading the witness

b)a logic funnel

c)a herding maneuver

d)unethical

27)"Have you spoken to anyone about the answers you're giving today"? Is an example of

a)implying impropriety

b)leading questions

c)rattling the witness

d)intentional ambiguity

Questions from chapter 6

28)According to Ceci & Bruck (2000) it may be wise to

a)use a hybrid approach to record keeping

b)use verbatim note taking

c)dictate immediately after a session

d)record all your interviews electronically

29)Martindale (2000) recommends the use of

a)audiovisual equipment

b)paper with numbered lines

c)voice recognition software

d)a stenographer

30)All the following methods are ways clinicians attempt to thwart disclosure EXCEPT

a)motions to dismiss

b)minimal records

c)double records

d)coded information

Questions from chapter 7

31)A person who qualifies as an expert witness can provide

a)only opinions

b)opinions and fact evidence

c)only fact evidence

d)neither opinions or facts

32)An expert in a particular field of science who does not have any connection with, or knowledge about the specific facts of the case is the

a)impartial expert

b)consultant

c)ivory tower academic

d)hired gun

33)According to the Federal Rules of Evidence, Rule 704 experts are allowed to provide opinions about the ultimate issue in dispute.

a)True

b)False

34)According to Shuman & Soles (1998) compared to scientific information, the standard of admissible evidence may be somewhat lower for

a)hearsay

b)test data

c)collateral information

d)a clinical issue

35)When theoretical bases are challenged, the expert should use her own terms to describe her level of certainty about a particular opinion, rather than the terminology that describes the legal standard of proof required.

a)True

b)False

36)During cross-examination, the validity and reliability of your testimony could be challenged in terms of all of the following EXCEPT

a)methodological criticism

b)researcher bias

c)level of uncertainty

d)challenging impartiality

37)That expert evidence must be based on information that is not only reliable and valid but also obtained through sound scientific methods is the

a)Daubert challenge

b)Pepsi challenge

c)Peugeot Challenge

d)Lawrence Challenge

Questions from chapter 8

38)A written statement that is sworn to or affirmed by a deponent is a/an

a)amicus curiae

b)pro se

c)tort

d)affidavit

39)A report is not a sworn or affirmed document.

a)True

b)False

40)A section in the report designed to educate the tribunal about your area of expertise is the

a)primer

b)overview

c)purpose

d)background

Questions from chapter 9

41)According to Barker & Branson (1993) when a clinician causes harm to a client through improper performance of duties this is

a)malfeasance

b)malpractice

c)unethical

d)illegal

42)The most common form of court action against clinicians is

a)breach of contract for services

b)intentionally violating a client's rights

c)abandonment

d)negligence

43)Untrue written or verbal statements that harm the reputation of another person is

a)pro se

b)slander

c)defamation

d)perjury

44)The best advice on how to deal with a malpractice suit is

a)to avoid it

b)seek legal counsel

c)join your national professional organization

d)avoid clients with certain diagnoses

Questions from chapter 10

45)Oral examinations for discovery are also known as

a)pretrial settlement conferences

b)interrogatories

c)cross-examinations

d)background

46)Which is a Native American collaborative process?

a)circle sentencing

b)conciliation

c)entmoot

d)elder council

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