Justice in Court, Psychological Assessment, and Testing

Chapters 11 and 12 summary
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Chapter 11
The law has made it possible for people to seek justice in court. The provision of the law ensures that courts are accessible to the public. Nevertheless, this is not a guarantee that such accessibility will lead to adequate expectations. Plaintiffs, who appear before judges in many cases fail to win in their cases. Nevertheless, research shows that the plaintiffs may be satisfied if certain agreements have been settled. They may also achieve satisfaction if they feel that their cases have been given a fair hearing.
Many civil cases are classified under civil wrongs or torts. These are cases that result when a plaintiff claims that another person (the defendant) has caused harm for him in a certain way, or another. The defendant may cause an intentional harm, or the harm may be due to his negligence. Thus, an individual, who brings a lawsuit, must convince the judge that the individual being sued was at fault and did an intentional harm. In many civil suits, the standard of evidence is the quality of the proof (evidence) showing that a person is guilty, not proof that surpasses a reasonable doubt as expected in criminal cases. In certain cases, the plaintiff has to demonstrate clear and strong evidence for his case to be accepted. For instance, most jurisdictions demand compelling and clear evidence to demonstrate why somebody is unable to present legal evidence or document.
Psychologists frequently determine the cognitive ability of individuals to develop decisions as well as decisions associated with financial agreements, distribution of an individual’s properties, consents related to medical treatment, forming contracts and settlement of wills. Testamentary capacity (the ability to execute or prepare a will) does not entail sophisticated cognitive skills. However, many wills are simple and therefore are often challenged. Preparing legal evidence or wills may not be possible specifically if a person who makes the will is mentally retarded or elderly. In such cases, it is required that presentation of legal documents be conducted via videotaping. Legal documents may also be disputed if it is suspected that the person was under improper influence of another person or individuals.
Recently, some psychologists have been consulted to address cases in which certain individuals seek assistance to make decisions to end their lives. Though, only a few states have legislation allowing such decisions; such cases may become more rampant in the future and are likely to remain controversial matters. Psychologists do participate in cases involving civil wrongs (torts) when a plaintiff claims some emotional or mental suffering due to the defendant’s actions. Furthermore, mental suffering may involve employment compensation claims whereby employees obtains benefit entitlement from injuries suffered in the workplace. Based on the employment compensation scheme, the employer should agree to compensate the employee to gain lost wages and cover medical costs. However, it is vital to understand that if an employer breaks the law (for instance, by failing to install required safety equipment); such cases are based on a different category instead of employment compensation claims. Based on the tort law, a worker can sue his employer for failing to provide expected protection measures, and therefore criminal charges may be claimed against the employer.
Harassment tort constitutes part of legal actions against employers. Federal law prohibits discrimination actions in employment opportunities not to be based on ethnicity, religion, sex and race considerations. If such cases happen, then employer is held accountable for the actions of both non-supervisory employees and supervisors. Employees are also held responsible if they are conscious of the problem, but fail to solve the issue. Sexual harassment is a good example, which involves sexuality activities such as ogling, derogatory comments or unacceptable touching. Sexual harassment may also involve gender harassment. All forms of harassment are offensive and develop a hostile work environment. Sufficient evidence of actions can assist to win a legal suit, though many victims may claim severe emotional suffering as a consequence of harassment. Though, psychologists are often consulted in case there is an a...