1. The document discusses the evolution of the "reasonable person" standard from referring to an ordinary, average man to a more inclusive definition that considers various hidden characteristics and limitations.
2. These include physical, cognitive, and social factors like disabilities, mental health issues, literacy levels, and cultural backgrounds.
3. The reasonable person standard is now viewed as applying to a range of ordinary individuals in similar circumstances and under the same limitations or disabilities, rather than an average person without such factors.
Medico legal approach of the psychiatric patientMohamed Sedky
This document discusses medico-legal approaches to assessing psychiatric patients. It covers topics like mental capacity, factors affecting capacity, domains of capacity over time (past, present, future), the insanity defense, standards of insanity, the relationship between competency and mental illness, testamentary/testimonial/contractual capacity, need for guardianship, and consent to treatment. The document provides overview of these topics and outlines proper assessment of mental capacity, which considers understanding, retention, reasoning, and communication of decisions.
The document discusses trends and issues in mental health (psychiatric) nursing. It covers the history and changes in psychiatric nursing over time, from institutionalization to deinstitutionalization. Current trends include expanded roles for psychiatric nurses in areas like primary mental health, psychotherapy, and community care. Legal and ethical issues are also addressed, such as informed consent, restraints and seclusion, and preventing dangerous client behaviors. New trends in psychiatric nursing roles include specializations in areas like child psychiatry, geriatric care, and addiction treatment.
This presentation describes how the criminal justice system inadequately supports Texans with intellectual and developmental disabilities (IDD) who are victims, suspects, and/or witnesses of a crime. This lack of support can result in unfavorable and/or unjust outcomes and a Texas that is less safe for all. In addition, the presentation highlights the prevalence of sexual assault against people with IDD and barriers people with IDD who are sexual assault victims face in achieving justice within the Texas criminal justice system. Recommendations for addressing these issues are also presented.
This presentation was provided as testimony during a Texas House Criminal Jurisprudence Committee hearing on May 23, 2018. The presentation was delivered jointly by Ashley Ford, Public Policy & Communications Specialist for the Texas Council for Developmental Disabilities and Kyle Piccola, Chief Government & Community Relations Officer for The Arc of Texas.
Trends and issues in Psychiatric Mental Health Nursing- PradeepPradeep Murthy
This document provides an overview of trends and issues in psychiatric mental health nursing. It discusses the history and evolution of the field from institutionalization to deinstitutionalization. Current trends include expanded roles for psychiatric nurses in primary care, collaboration, education, and community-based care. Legal issues addressed include informed consent, restraints, seclusion, and liability concerns. Ethical principles of autonomy, beneficence, and justice are considered in the context of common dilemmas around treatment refusal, privacy, and dual relationships.
In this webinar, speaker Peggie Webb, Manager, Forensic & Behavioral Health Services at San Diego Regional Center, will discuss:
- How people with developmental disabilities are at risk of encounters with the justice system
- What to do and what not to do when interacting with police
- What to do if your family member is arrested and charged with a crime
- What steps to expect from the justice system
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
Decision Making for European managers in public organisations.ErwinvandePol
For and with an audience of managers from many European public organisations, we discussed the issue that leaders in the public service are faced with difficult decisions affecting the public services they deliver, the electors, employees and councilors. The question is: “How do they persuade all parties to expect less in the future?" And are European leaders and managers in public organisations well equiped for making difficult decisions?
Emergency medicine, psychiatry and the lawSCGH ED CME
The document discusses laws related to emergency psychiatry and involuntary treatment orders. It covers the criteria needed for a referral, including that a medical practitioner or authorized mental health practitioner must reasonably suspect the person needs involuntary treatment or their community treatment order needs changing. It explains the forms and process used for referrals, including providing rights to family members and allowing referrals to be extended or revoked.
Medico legal approach of the psychiatric patientMohamed Sedky
This document discusses medico-legal approaches to assessing psychiatric patients. It covers topics like mental capacity, factors affecting capacity, domains of capacity over time (past, present, future), the insanity defense, standards of insanity, the relationship between competency and mental illness, testamentary/testimonial/contractual capacity, need for guardianship, and consent to treatment. The document provides overview of these topics and outlines proper assessment of mental capacity, which considers understanding, retention, reasoning, and communication of decisions.
The document discusses trends and issues in mental health (psychiatric) nursing. It covers the history and changes in psychiatric nursing over time, from institutionalization to deinstitutionalization. Current trends include expanded roles for psychiatric nurses in areas like primary mental health, psychotherapy, and community care. Legal and ethical issues are also addressed, such as informed consent, restraints and seclusion, and preventing dangerous client behaviors. New trends in psychiatric nursing roles include specializations in areas like child psychiatry, geriatric care, and addiction treatment.
This presentation describes how the criminal justice system inadequately supports Texans with intellectual and developmental disabilities (IDD) who are victims, suspects, and/or witnesses of a crime. This lack of support can result in unfavorable and/or unjust outcomes and a Texas that is less safe for all. In addition, the presentation highlights the prevalence of sexual assault against people with IDD and barriers people with IDD who are sexual assault victims face in achieving justice within the Texas criminal justice system. Recommendations for addressing these issues are also presented.
This presentation was provided as testimony during a Texas House Criminal Jurisprudence Committee hearing on May 23, 2018. The presentation was delivered jointly by Ashley Ford, Public Policy & Communications Specialist for the Texas Council for Developmental Disabilities and Kyle Piccola, Chief Government & Community Relations Officer for The Arc of Texas.
Trends and issues in Psychiatric Mental Health Nursing- PradeepPradeep Murthy
This document provides an overview of trends and issues in psychiatric mental health nursing. It discusses the history and evolution of the field from institutionalization to deinstitutionalization. Current trends include expanded roles for psychiatric nurses in primary care, collaboration, education, and community-based care. Legal issues addressed include informed consent, restraints, seclusion, and liability concerns. Ethical principles of autonomy, beneficence, and justice are considered in the context of common dilemmas around treatment refusal, privacy, and dual relationships.
In this webinar, speaker Peggie Webb, Manager, Forensic & Behavioral Health Services at San Diego Regional Center, will discuss:
- How people with developmental disabilities are at risk of encounters with the justice system
- What to do and what not to do when interacting with police
- What to do if your family member is arrested and charged with a crime
- What steps to expect from the justice system
Legal issues related to mental Mental health ( uganda) CRPD and others actcorbettaRDC
This document provides an outline and summary of key points regarding mental capacity and legal powers related to mental health issues. It discusses human rights of mentally ill patients, legal mental capacity under the Mental Treatment Act of Uganda, assessment of capacity, types of capacity, determining capacity, consent to treatment for voluntary patients, discharge of patients, and community treatment orders. Key aspects covered include the four steps to establish capacity, who can assess and determine capacity, rights to consent and withdraw consent, and conditions for discharge and community treatment orders.
Decision Making for European managers in public organisations.ErwinvandePol
For and with an audience of managers from many European public organisations, we discussed the issue that leaders in the public service are faced with difficult decisions affecting the public services they deliver, the electors, employees and councilors. The question is: “How do they persuade all parties to expect less in the future?" And are European leaders and managers in public organisations well equiped for making difficult decisions?
Emergency medicine, psychiatry and the lawSCGH ED CME
The document discusses laws related to emergency psychiatry and involuntary treatment orders. It covers the criteria needed for a referral, including that a medical practitioner or authorized mental health practitioner must reasonably suspect the person needs involuntary treatment or their community treatment order needs changing. It explains the forms and process used for referrals, including providing rights to family members and allowing referrals to be extended or revoked.
From identifying ethical decision-making models to the top issues, Dr. Louise Stanger of All About Interventions provides ethical guidelines for addiction and marketing professionals
This document discusses traumatic brain injury (TBI) and acquired brain injury (ABI). TBI occurs from external forces like accidents or assaults, while ABI results from diseases or illnesses. Brain injuries are common and can cause cognitive, physical, behavioral, and emotional impairments. Treatment may include medication, therapy, and case management, but needs to account for cognitive challenges. Cognitive rehabilitation therapy aims to improve functioning through skill building, compensation strategies, and real-world practice. Support resources are available from organizations like the Brain Injury Association.
Honiton cluster Advance Care planning presentationHospiscare
I apologize for any confusion, but I don't actually have a physical form or means of transportation. I'm an AI assistant created by Anthropic to be helpful, harmless, and honest.
- The document discusses a training course on the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.
- It provides an overview of the topics to be covered including the five key principles of the MCA, assessing capacity, best interests decisions, DoLS, and the role of IMCAs.
- The aims are to explore the MCA and its principles, enable staff to apply it properly, and understand the safeguards it introduces.
This document provides an overview of a training course on the Mental Capacity Act 2005. It discusses key topics that will be covered in the training including the five principles of the Act, assessing capacity, best interests decisions, deprivation of liberty safeguards, lasting powers of attorney, advanced decisions, the role of the Court of Protection and Public Guardian, and independent mental capacity advocates. The training aims to enable staff to apply the Mental Capacity Act in their work and understand the legal framework and safeguards in place for supporting those lacking capacity.
The document discusses awareness of mental health conditions, dementia, and learning disabilities. It covers the experiences and needs of individuals with these conditions, common types of mental health problems and their symptoms, the importance of early diagnosis and person-centered care, relevant legislation and policies, and the social model of disability. Key points include understanding the individual's condition from their perspective, making adjustments to care delivery, and respecting their mental capacity and right to make their own decisions whenever possible.
The document discusses the right to access quality information. It argues that access to information is needed to exercise other human rights, placing a duty on governments to provide usable information. It outlines how several international agreements and courts have recognized access to information as a fundamental human right. It also discusses how disability and anti-discrimination laws in countries like the US and Canada require information to be provided in an accessible and understandable manner for all people, including those with low literacy skills or disabilities.
RIWC_PARA_A195 the issues pertaining to being disabled whilst incarcerated in...Marco Muscroft
This document discusses issues related to people with disabilities in prisons. It notes that all countries have legal systems and prisons, but they are often ineffective or overwhelmed. For prisons, there is a dichotomy between security and rehabilitation/humanity that is challenging. The document advocates for recognizing the humanity and rights of all prisoners. It also discusses the need for clearer policies, addressing abuse and neglect, and the importance of rehabilitation including family visits. Overall change is needed to improve conditions for disabled prisoners.
April 27, 2018
With over 70 million Baby Boomers retiring, elder financial exploitation has been labeled the “Crime of the 21st Century.” In this half-day event, we will explore the neuroscience, psychology, and legal doctrine of financial decision-making in older adults. How does the aging brain make financial decisions, and when is it uniquely susceptible? How can courts best use science to improve their adjudication of disputes over “competency”, “capacity”, and “undue influence”? Is novel neuroimaging evidence of dementia ready for courtroom use? This conference brought together experts in medicine, science, and law to explore these important questions and chart a path forward for dementia and the law.
For more information, visit our website at: http://petrieflom.law.harvard.edu/events/details/our-aging-brains
Short version ethical decision making processPablo Galiana
The document provides guidance on making ethical and effective decisions using a 7-step process: 1) stop and reflect, 2) clarify objectives, 3) gather information, 4) develop options, 5) consider impacts, 6) make the decision, and 7) monitor impacts. It also discusses 5 perspectives to examine issues from: personal character, cost/benefit, human value, fairness, and common good. The 6 pillars of character are trustworthiness, respect, responsibility, fairness, caring, and citizenship. Case studies are presented to apply the decision-making process and perspectives.
This document discusses dignity in mental health and is a presentation from Dr. Okonoda. It covers several topics:
- The introduction of World Mental Health Day and its goal of expanding public education on mental health issues.
- Why dignity was chosen as the theme for this year, noting that many with mental illness experience negative encounters and stigma is a barrier to care.
- Living with mental illness can negatively impact one's dignity through both disrespectful treatment by others and loss of internal self-dignity; restoring dignity requires a collaborative societal effort.
- The presentation provides perspectives from those with lived experience of mental illness on what dignity means to them.
Anna Denton-Jones from Refreshing Law Limited opened the talks introducing our topic for the last HR Insights session of 2019: Neurodiversity in the Workplace. Her presentation covers the need for reasonable adjustments and appropriate training to overcome stigmas & cliches about neurominorities. She also provided real examples on what employment law says on the topic.
Power Point Presentation by Dr. Janet Williams on the Ethics of Discharge Planning. Nursing home placement should be the last resort of anyone with a disability. And, only if it is the person's choice. There are many community resources available to assist people with the most significant disabilities to live in their own home.
1 The Multicultural Awareness, Knowledge, and Skills Sur.docxhoney725342
1
The Multicultural Awareness, Knowledge, and Skills Survey (MAKSS)*
The Multicultural Awareness, Knowledge, and Skills Survey (MAKSS) is a 60-item survey designed by Michael
D’Andrea, Judy Daniels, and Ronald Heck, all from the University of Hawaii. Respond to all 60 items on the
scale, even if you are not working with clients or actively conducting groups. Base your response on what you
think at this time. Try to assess yourself as honestly as possible rather than answering in the way you think would
be desirable.
The MAKSS is designed as a self-assessment of your multicultural counseling awareness, knowledge, and skills.
1. Culture is not external but is within the person.
Strongly disagree Disagree Agree Strongly agree
2. One of the potential negative consequences about gaining information concerning specific cultures is that
students might stereotype members of those cultural groups according to the information they have gained.
Strongly disagree Disagree Agree Strongly agree
3. At this time in your life, how would you rate yourself in terms of understanding how your cultural
background has influenced the way you think and act?
Very limited Limited Good Very good
4. At this point in your life, how would you rate your understanding of the impact of the way you think and
act when interacting with persons of different cultural backgrounds?
Very limited Limited Good Very good
5. How would you react to the following statement? While counseling enshrines the concepts of freedom,
rational thought, tolerance of new ideas, and equality, it has frequently become a form of oppression to subjugate
large groups of people.
Strongly disagree Disagree Agree Strongly agree
6. In general, how would you rate your level of awareness regarding different cultural institutions and
systems?
Very limited Limited Good Very good
7. The human service professions, especially counseling and clinical psychology, have failed to meet the
mental health needs of ethnic minorities.
Strongly disagree Disagree Agree Strongly agree
2
8. At the present time, how would you generally rate yourself in terms of being able to accurately compare
your own cultural perspective with that of a person from another culture?
Very limited Limited Good Very good
9. How well do you think you could distinguish “intentional” from “accidental” communication signals in a
multicultural counseling situation?
Very limited Limited Good Very good
10. Ambiguity and stress often result from multicultural situations because people are not sure what to expect
from each other.
Strongly disagree Disagree Agree Strongly agree
11. The effectiveness and legitimacy of the counseling profession would be enhanced if counselors
consciously supported universal definitions of normality.
Strongly disagree Disagree Agree Strongly agree
12. The c ...
Mental Health Interventions and Rough Sleepers "Saving Lives"lnnmhomeless
This document provides information on assessing mental capacity when working with homeless individuals under the Mental Capacity Act. It outlines the background and principles of the MCA, including the functional test of capacity. It then walks through a case study of a homeless man, "Darren", who needs to decide whether to accept shelter but appears to lack capacity. By working through a screening tool, it is determined that while Darren can understand and retain information, he cannot weigh the information to make a decision due to a likely mental impairment. It is assessed to be in his best interests to have a formal mental health assessment and potential admission to hospital.
This document discusses strategies for including individuals with disabilities in national service programs. It provides an overview of key areas such as outreach, recruitment, reasonable accommodations, and retention. The goal is to promote accessibility and equal opportunity for all in national service initiatives. Specific topics covered include writing inclusive position descriptions, conducting accessible interviews, ensuring physical and digital access, providing alternative formats, and maintaining confidentiality around disclosures of disability. The document emphasizes that with proper training and supports, individuals with disabilities can successfully serve in national programs alongside their peers.
Legal issues regularly arise in emergency medicine. Doctors have a duty of care to provide treatment that is in the patient's best interests and of an appropriate standard. Valid consent requires the patient be competent, receive full disclosure of risks/benefits, and freely agree to treatment. Doctors must assess a patient's capacity to consent using functional tests of their understanding. Privacy and confidentiality principles also apply but have exceptions like mandatory reporting. Proper documentation is important to demonstrate reasonable care was provided to avoid negligence claims.
The document discusses visual and multimedia communication. It describes how visual communication is the conveyance of ideas and information through visual means like images, photos, and videos. Visual communication has several advantages over text, as visuals are easier to understand across language barriers, better at grabbing attention, and can be processed much faster by the brain. However, visual communication also has limitations in conveying complex ideas or factual information precisely. Overall, the document provides an overview of visual communication and its role in the modern context.
The document discusses the importance of using plain language in legal writing to ensure proper notice and understanding. It notes that notice requires both gaining attention and comprehension of the legal effects and consequences. The science of cognitive neuroscience and linguistics shows that true understanding requires using familiar words and expected information presented clearly without jargon, surprises or ambiguity. Recent court cases have found that merely making a notice noticeable is not sufficient to demonstrate legal notice and comprehension, especially if the notice contains complex language or is visually confusing. The duty to communicate clearly means using a quality standard of comprehensibility so that people can understand how to exercise their legal rights.
This document provides guidance on writing for readability and neurocognitive ease. It discusses three key stages of the reading process - lexical, syntactic, and inference building. To aid comprehension, assimilation and recall, writers should use familiar words, clear subject-verb-object sentence structures, chronological order, and continuity between ideas. Focusing on speed, efficiency and accuracy of recall, the document recommends techniques like priming content, hierarchy of information, and placing positives before negatives. The overall goal is to make written content feel easy to understand and mentally effortless for readers.
From identifying ethical decision-making models to the top issues, Dr. Louise Stanger of All About Interventions provides ethical guidelines for addiction and marketing professionals
This document discusses traumatic brain injury (TBI) and acquired brain injury (ABI). TBI occurs from external forces like accidents or assaults, while ABI results from diseases or illnesses. Brain injuries are common and can cause cognitive, physical, behavioral, and emotional impairments. Treatment may include medication, therapy, and case management, but needs to account for cognitive challenges. Cognitive rehabilitation therapy aims to improve functioning through skill building, compensation strategies, and real-world practice. Support resources are available from organizations like the Brain Injury Association.
Honiton cluster Advance Care planning presentationHospiscare
I apologize for any confusion, but I don't actually have a physical form or means of transportation. I'm an AI assistant created by Anthropic to be helpful, harmless, and honest.
- The document discusses a training course on the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards.
- It provides an overview of the topics to be covered including the five key principles of the MCA, assessing capacity, best interests decisions, DoLS, and the role of IMCAs.
- The aims are to explore the MCA and its principles, enable staff to apply it properly, and understand the safeguards it introduces.
This document provides an overview of a training course on the Mental Capacity Act 2005. It discusses key topics that will be covered in the training including the five principles of the Act, assessing capacity, best interests decisions, deprivation of liberty safeguards, lasting powers of attorney, advanced decisions, the role of the Court of Protection and Public Guardian, and independent mental capacity advocates. The training aims to enable staff to apply the Mental Capacity Act in their work and understand the legal framework and safeguards in place for supporting those lacking capacity.
The document discusses awareness of mental health conditions, dementia, and learning disabilities. It covers the experiences and needs of individuals with these conditions, common types of mental health problems and their symptoms, the importance of early diagnosis and person-centered care, relevant legislation and policies, and the social model of disability. Key points include understanding the individual's condition from their perspective, making adjustments to care delivery, and respecting their mental capacity and right to make their own decisions whenever possible.
The document discusses the right to access quality information. It argues that access to information is needed to exercise other human rights, placing a duty on governments to provide usable information. It outlines how several international agreements and courts have recognized access to information as a fundamental human right. It also discusses how disability and anti-discrimination laws in countries like the US and Canada require information to be provided in an accessible and understandable manner for all people, including those with low literacy skills or disabilities.
RIWC_PARA_A195 the issues pertaining to being disabled whilst incarcerated in...Marco Muscroft
This document discusses issues related to people with disabilities in prisons. It notes that all countries have legal systems and prisons, but they are often ineffective or overwhelmed. For prisons, there is a dichotomy between security and rehabilitation/humanity that is challenging. The document advocates for recognizing the humanity and rights of all prisoners. It also discusses the need for clearer policies, addressing abuse and neglect, and the importance of rehabilitation including family visits. Overall change is needed to improve conditions for disabled prisoners.
April 27, 2018
With over 70 million Baby Boomers retiring, elder financial exploitation has been labeled the “Crime of the 21st Century.” In this half-day event, we will explore the neuroscience, psychology, and legal doctrine of financial decision-making in older adults. How does the aging brain make financial decisions, and when is it uniquely susceptible? How can courts best use science to improve their adjudication of disputes over “competency”, “capacity”, and “undue influence”? Is novel neuroimaging evidence of dementia ready for courtroom use? This conference brought together experts in medicine, science, and law to explore these important questions and chart a path forward for dementia and the law.
For more information, visit our website at: http://petrieflom.law.harvard.edu/events/details/our-aging-brains
Short version ethical decision making processPablo Galiana
The document provides guidance on making ethical and effective decisions using a 7-step process: 1) stop and reflect, 2) clarify objectives, 3) gather information, 4) develop options, 5) consider impacts, 6) make the decision, and 7) monitor impacts. It also discusses 5 perspectives to examine issues from: personal character, cost/benefit, human value, fairness, and common good. The 6 pillars of character are trustworthiness, respect, responsibility, fairness, caring, and citizenship. Case studies are presented to apply the decision-making process and perspectives.
This document discusses dignity in mental health and is a presentation from Dr. Okonoda. It covers several topics:
- The introduction of World Mental Health Day and its goal of expanding public education on mental health issues.
- Why dignity was chosen as the theme for this year, noting that many with mental illness experience negative encounters and stigma is a barrier to care.
- Living with mental illness can negatively impact one's dignity through both disrespectful treatment by others and loss of internal self-dignity; restoring dignity requires a collaborative societal effort.
- The presentation provides perspectives from those with lived experience of mental illness on what dignity means to them.
Anna Denton-Jones from Refreshing Law Limited opened the talks introducing our topic for the last HR Insights session of 2019: Neurodiversity in the Workplace. Her presentation covers the need for reasonable adjustments and appropriate training to overcome stigmas & cliches about neurominorities. She also provided real examples on what employment law says on the topic.
Power Point Presentation by Dr. Janet Williams on the Ethics of Discharge Planning. Nursing home placement should be the last resort of anyone with a disability. And, only if it is the person's choice. There are many community resources available to assist people with the most significant disabilities to live in their own home.
1 The Multicultural Awareness, Knowledge, and Skills Sur.docxhoney725342
1
The Multicultural Awareness, Knowledge, and Skills Survey (MAKSS)*
The Multicultural Awareness, Knowledge, and Skills Survey (MAKSS) is a 60-item survey designed by Michael
D’Andrea, Judy Daniels, and Ronald Heck, all from the University of Hawaii. Respond to all 60 items on the
scale, even if you are not working with clients or actively conducting groups. Base your response on what you
think at this time. Try to assess yourself as honestly as possible rather than answering in the way you think would
be desirable.
The MAKSS is designed as a self-assessment of your multicultural counseling awareness, knowledge, and skills.
1. Culture is not external but is within the person.
Strongly disagree Disagree Agree Strongly agree
2. One of the potential negative consequences about gaining information concerning specific cultures is that
students might stereotype members of those cultural groups according to the information they have gained.
Strongly disagree Disagree Agree Strongly agree
3. At this time in your life, how would you rate yourself in terms of understanding how your cultural
background has influenced the way you think and act?
Very limited Limited Good Very good
4. At this point in your life, how would you rate your understanding of the impact of the way you think and
act when interacting with persons of different cultural backgrounds?
Very limited Limited Good Very good
5. How would you react to the following statement? While counseling enshrines the concepts of freedom,
rational thought, tolerance of new ideas, and equality, it has frequently become a form of oppression to subjugate
large groups of people.
Strongly disagree Disagree Agree Strongly agree
6. In general, how would you rate your level of awareness regarding different cultural institutions and
systems?
Very limited Limited Good Very good
7. The human service professions, especially counseling and clinical psychology, have failed to meet the
mental health needs of ethnic minorities.
Strongly disagree Disagree Agree Strongly agree
2
8. At the present time, how would you generally rate yourself in terms of being able to accurately compare
your own cultural perspective with that of a person from another culture?
Very limited Limited Good Very good
9. How well do you think you could distinguish “intentional” from “accidental” communication signals in a
multicultural counseling situation?
Very limited Limited Good Very good
10. Ambiguity and stress often result from multicultural situations because people are not sure what to expect
from each other.
Strongly disagree Disagree Agree Strongly agree
11. The effectiveness and legitimacy of the counseling profession would be enhanced if counselors
consciously supported universal definitions of normality.
Strongly disagree Disagree Agree Strongly agree
12. The c ...
Mental Health Interventions and Rough Sleepers "Saving Lives"lnnmhomeless
This document provides information on assessing mental capacity when working with homeless individuals under the Mental Capacity Act. It outlines the background and principles of the MCA, including the functional test of capacity. It then walks through a case study of a homeless man, "Darren", who needs to decide whether to accept shelter but appears to lack capacity. By working through a screening tool, it is determined that while Darren can understand and retain information, he cannot weigh the information to make a decision due to a likely mental impairment. It is assessed to be in his best interests to have a formal mental health assessment and potential admission to hospital.
This document discusses strategies for including individuals with disabilities in national service programs. It provides an overview of key areas such as outreach, recruitment, reasonable accommodations, and retention. The goal is to promote accessibility and equal opportunity for all in national service initiatives. Specific topics covered include writing inclusive position descriptions, conducting accessible interviews, ensuring physical and digital access, providing alternative formats, and maintaining confidentiality around disclosures of disability. The document emphasizes that with proper training and supports, individuals with disabilities can successfully serve in national programs alongside their peers.
Legal issues regularly arise in emergency medicine. Doctors have a duty of care to provide treatment that is in the patient's best interests and of an appropriate standard. Valid consent requires the patient be competent, receive full disclosure of risks/benefits, and freely agree to treatment. Doctors must assess a patient's capacity to consent using functional tests of their understanding. Privacy and confidentiality principles also apply but have exceptions like mandatory reporting. Proper documentation is important to demonstrate reasonable care was provided to avoid negligence claims.
The document discusses visual and multimedia communication. It describes how visual communication is the conveyance of ideas and information through visual means like images, photos, and videos. Visual communication has several advantages over text, as visuals are easier to understand across language barriers, better at grabbing attention, and can be processed much faster by the brain. However, visual communication also has limitations in conveying complex ideas or factual information precisely. Overall, the document provides an overview of visual communication and its role in the modern context.
The document discusses the importance of using plain language in legal writing to ensure proper notice and understanding. It notes that notice requires both gaining attention and comprehension of the legal effects and consequences. The science of cognitive neuroscience and linguistics shows that true understanding requires using familiar words and expected information presented clearly without jargon, surprises or ambiguity. Recent court cases have found that merely making a notice noticeable is not sufficient to demonstrate legal notice and comprehension, especially if the notice contains complex language or is visually confusing. The duty to communicate clearly means using a quality standard of comprehensibility so that people can understand how to exercise their legal rights.
This document provides guidance on writing for readability and neurocognitive ease. It discusses three key stages of the reading process - lexical, syntactic, and inference building. To aid comprehension, assimilation and recall, writers should use familiar words, clear subject-verb-object sentence structures, chronological order, and continuity between ideas. Focusing on speed, efficiency and accuracy of recall, the document recommends techniques like priming content, hierarchy of information, and placing positives before negatives. The overall goal is to make written content feel easy to understand and mentally effortless for readers.
1. The reasonable person standard is based on the average or ordinary person rather than an exceptionally intelligent or skilled individual.
2. This standard entered law in the 19th century to provide a behavioral measure against which to judge conduct.
3. However, the traditional standard does not fully consider individual characteristics like intelligence or limitations, though it does consider circumstances.
This document outlines Cheryl Stephens' plain language project cycling plan. The plan involves 5 phases: discover, define, design, develop, and deploy. In the discover phase, stakeholders are identified and the problem is explored. In define, goals and tasks are outlined. Design creates a strategy, develop writes content, and deploy tests with users. Evaluation and feedback are critical before learning from the experience and developing a proprietary system. The cycling plan provides a structured process for plain language projects.
The document discusses guidelines for writing in plain language. It recommends focusing content on the reader, being brief, using an active voice and positive language, organizing information logically, and designing documents for easy reading. Specific tips include using short sentences and paragraphs, defining technical terms, and avoiding nominalizations and negative constructions. Proper organization, transitions, formatting and visual elements can also improve understandability. The goal is to communicate complex information simply and clearly.
This document discusses the issue of language barriers in the criminal justice system. It notes that only 1 in 8 Americans has the level of language ability needed to understand legal procedures and processes. Even minor convictions can have major consequences on people's lives by affecting things like professional licenses, student loans, child custody, health care, food stamps, immigration status, public housing, and more. Many people suffer due to language barriers, including victims, the accused, witnesses, families, and communities. The document outlines some of the communication hurdles people face, including situational, short-term, and long-term barriers. It also discusses sources of cognitive deficiencies and gaps between people's cognitive ability levels and the demands of the legal system.
Hochhauser: How Do Our Readers Really Think, Understand, and Decide-- Despite...Cheryl Stephens
1. Reading comprehension is affected by individual brain functioning and differs between people based on factors like aging, learning disabilities, health issues, and more.
2. The brain has limited working memory and processing capabilities, so when cognitively overloaded people rely on mental shortcuts and intuition to make decisions.
3. Plain language may help some but not all, as individual brain differences and decision-making strategies can overcome or resist even very clear communication.
Does it seem that the lawyer or legal department is always blocking your efforts to use plain language for better client service. Cheryl explain how to win them over. Based on an article in Clarity, journal on plain legal writing.
Right to Understand --2009rt2info powerpoint c-stephensCheryl Stephens
I'm starting a conversation about right to understandable information from those who are obliged by law to provide us information or disclosure. I assert that this right already exists.
Integrating Advocacy and Legal Tactics to Tackle Online Consumer Complaintsseoglobal20
Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
Our Online Consumer Legal Forum offers comprehensive guidance to individuals and businesses facing consumer complaints. With a dedicated team, round-the-clock support, and efficient complaint management, we are the preferred solution for addressing consumer grievances.
Our intuitive online interface allows individuals to register complaints, seek legal advice, and pursue justice conveniently. Users can submit complaints via mobile devices and send legal notices to companies directly through our portal.
Corporate Governance : Scope and Legal Frameworkdevaki57
CORPORATE GOVERNANCE
MEANING
Corporate Governance refers to the way in which companies are governed and to what purpose. It identifies who has power and accountability, and who makes decisions. It is, in essence, a toolkit that enables management and the board to deal more effectively with the challenges of running a company.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...Sangyun Lee
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
The Future of Criminal Defense Lawyer in India.pdfveteranlegal
https://veteranlegal.in/defense-lawyer-in-india/ | Criminal defense Lawyer in India has always been a vital aspect of the country's legal system. As defenders of justice, criminal Defense Lawyer play a critical role in ensuring that individuals accused of crimes receive a fair trial and that their constitutional rights are protected. As India evolves socially, economically, and technologically, the role and future of criminal Defense Lawyer are also undergoing significant changes. This comprehensive blog explores the current landscape, challenges, technological advancements, and prospects for criminal Defense Lawyer in India.
सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. The new reasonable person:
The ordinary and average
Cheryl Stephens
Clarity Conference 2018
2. What is the reasonable person?
Who is the ordinary person?
What are the hidden characteristics?
The new reasonable person:
The ordinary, average
3. Typical use
…a reasonable person would not
expect to lose their right to recover
under an insurance policy where
damage or loss did not result from
their own actions…
4. Use of plain language in agreements
• BC Motor Dealer Regulation
– Every consignment agreement and purchase
agreement must be written in plain language, in
not less than 8 point type, and in a manner
which is easily understood by a reasonable
person.
• Tenancy Agreement Regulation
– ...which is easily read and understood by a
reasonable person...
5. From: Counsel to the President
• The [Trump] Administration has an interest in
you interacting with Covered Organizations
such as Fox News…
• …the need for your services outweighs the
concern that a reasonable person may
question the integrity of the White House
Office’s programs and operations.
8. The new reasonable person:
The ordinary and average
1. What is the reasonable person?
9. Adolphe Quetelet
• L'homme moyen translates as:
–average man
–common man
–reasonable man
• Documented characteristics statistically
• Discussed motivations when acting in society.
• On Man, and the development of his faculties, 1835
10. First appearances in law
• Vaughan v. Menlove (1837)
– An ordinary, prudent person;
– Not of a particular intelligence or
capacity for judgment
• Blyth v. Company Proprietors of the
Birmingham Water Works (1856)
11. Recent appearance in law
• The court may need to be informed by evidence
of circumstances which bear on… the standard of
the reasonable man in any particular case; but it
is then for the court to determine the outcome,
in those circumstances, of applying that
impersonal standard.
Healthcare at Home Limited v. The Common
Services Agency [2014] UKSC 49
12. Are women reasonable?
• US Supreme Court 2018: Women, like all
humans, are intellectual creatures with the
ability to reason, consider, ponder and
challenge their own ideas and those of others.
• Supreme Court of Canada 1990: the
perspectives of women, which have
historically been ignored, must now equally
inform the ‘objective’ standard of the
reasonable person in relation to self-defence.
13. Thinking, Fast and Slow
Faulty heuristics and cognitive biases or illusions
— shortcuts and rules of thumb by which we
make judgments and predictions.
Known of since 1970s; 2011 bestseller
Thinking, Fast and Slow by Daniel Kahneman
Yet focused training can have an effect, like that
on economists or statisticians (Nisbett)
14. No time to measure the lines,
in real world situations
15. The Supreme Court of Canada says
to be informed means to:
• know rights affecting legal processes
• know which rights apply to what is happening
• understand them
• be able to make informed choices
• be able to use them to take action in what we
each consider our own best interests
16. The new reasonable person:
The ordinary rider
1. What is the reasonable person?
2. Who is ordinary and average?
17. The “reasonable person” often enough
looks and acts most like the person
applying the standard: “perhaps,
unsurprisingly, the reasonable person
often turns out to bear a rather
suspicious similarity to the judge.”
Judicial Bias
18.
19. Cultural competency
• Canada is a multilingual and multicultural
society.
• Lawyers and judges may lack cultural
competency: awareness and knowledge
• As all people do, they have cognitive
biases they are not aware of.
20. Traditional reasonable-person standard
• Does not consider the particular person’s
– reasonableness
– character
– intelligence
• But does consider
– circumstances
– limitations
21. Who is the average reader?
“… the reading circuit is not given to human
beings through a genetic blueprint like vision or
language; it needs an environment to develop.”
“… the present reading brain enables the
development of some of our most important
intellectual and affective processes: internalized
knowledge, analogical reasoning, and inference;
perspective-taking and empathy; critical analysis
and the generation of insight.” (“deep reading”)
23. Supreme Court of Canada
• recognizes differences that are disabling because of
external barriers posed by society and its norms,
procedures, and institutions
• discrimination is socially constructed
• aspects of disability:
– physical or mental impairments or illness
– functional limitations, real or perceived
– society’s problematic response to the person’s
condition: prejudice and stereotypes
25. The problem with hindsight
• How do we deal with a characteristic or
disability, affecting how objective information
is received and understood and used to make
a decision?
• Cognitive biases exist and may lead to more
effective actions in a given context. They
enable faster decisions when timeliness is
more valuable than accuracy.
26. Correct answers
Original Plain language
40% 95%
Canadian government certificate to register
livestock: 60% could not successfully complete
the government form
Average, reasonable?
27. What is reasonable now?
Complex chronic disease program patients have
• 6 or more diagnoses,
• many medications,
• disabling fatigue,
• difficulty thinking and remembering, and
• severe pain.
Dr. Alison Bested, former medical director of the
Complex Chronic Disease Program
28. 1. What is the reasonable person?
2. Who is average and ordinary?
3. What are the hidden characteristics?
The new reasonable person:
The ordinary rider
29. New reasonable person
• Typical
• Ordinary
• Reasonable
– In similar circumstances
– under the same limitations
• Disabled defendant
– standard of reasonable person
– with same disability or limitation
30. Quetelet’s mean as personas
Persona 1
• Man
• Head injury
• PSTD
Persona 3
• Woman
• Illiterate
• Alcoholic
• Suffered
childhood
abuse
Persona 2
• Gender non-
conforming
• Dyslexic
• Senior
32. Literacy or cognitive challenges
• Low education
• Medical conditions
• Age
• Disabilities
• Learning difficulties
• Poverty
• Personal and social stresses
33. Ontario disability definition
• Condition of mental impairment or a
developmental disability
• Learning disability
• Dysfunction in one or more of the
processes involved in understanding or
using symbols or spoken language
34. Common challenges
• Learning disability
• Dyslexia
• Visual impairment
• Low vision – 9.3%
• Blind – 8%
• Other visual Impairment – 9.5%
• Impatience/high stress – 22 to 30%
• Medical issue
• Diabetes – 15 to 20%
• Mood disorder (life) – 14%
35. Print disabled
• Blind or visually impaired
• Dysfunctional literacy
• Dyslexic
• Mentally challenged
• Other physical and medical conditions making
it difficult to read printed materials
40. Reasonable professional person test
Some maintain a custom or practice long after a
better method becomes available.
So, the practitioner may have acted
unreasonably despite following custom or
general practices.
41. The new professional norms
• Plain language communication
• General awareness of communication issues
• Cultural competency
Editor's Notes
Personal Responsibility for Intentional Conduct: Protecting the Interests of Innocent Co-Insureds under Insurance Contracts, 2013 50-3, 2013 CanLIIDocs 101, Elizabeth Adjin-Tettey – Alberta Law Review
Motor Dealer Act
MOTOR DEALER CONSIGNMENT SALES REGULATION
[includes amendments up to B.C. Reg. 200/2017, January 1, 2018]
Fillingham v. Big White Ski Resort Limited, 2017 BCSC 1702
http://www.courts.gov.bc.ca/jdb-txt/sc/17/17/2017BCSC1702.htm
As a condition of use of the ski area and other facilities, the Ticket Holder assumes all risk of personal injury, death or property loss resulting from any cause whatsoever including but not limited to: the risks, dangers and hazards of skiing, snowboarding, tubing, skating, cycling, hiking and all other recreational activities; the use of ski lifts; collision or impact with natural or man-made objects or with skiers, snowboarders or other persons; travel within or beyond the ski area boundaries; or negligence, breach of contract, or breach of statutory duty of care on the part of Big White Ski Resort Ltd. and its directors, officers, employees, instructors, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as the “Ski Area Operator”). The Ticket Holder agrees that the Ski Area Operator shall not be liable for any such personal injury, death or property loss and releases the Ski Area Operator and waives all claims with respect thereto.
Union Steamships Limited v. Barnes, [1956] S.C.R. 842; Mayer v. Big White Ski Resort Ltd., 1997 CanLII 4261 (B.C.S.C.), aff’d 1998 CanLII 5114 (B.C.C.A.); Dixon v. B.C. Snowmobile Federation, 2003 BCCA 174; and Dyck v. Manitoba Snowmobile Association, [1985] 1 S.C.R. 589.
US law: provide consent knowingly, freely, and voluntarily.
A mathematician influential in introducing statistical methods to the social sciences. ”average man" (l'homme moyen) who is characterized by the mean values of measured variables that follow a normal distribution.
A US 7th Circuit Court of Appeals upheld an injunction blocking an Indiana law that requires women to get an ultrasound and wait 18 hours before seeking an abortion.
No. 17Ȭ1883 PLANNED PARENTHOOD OF INDIANA AND KENTUCKY, INC., Plaintiff/Appellee, v. COMMISSIONER OF THE INDIANA STATE DEPARTMENT OF HEALTH, et al., DefendantsȬAppellants. July 25 2018
1990 decision of R v Lavallee, the Supreme Court of Canada
Dr Suzy J Styles
@suzyjstyles
Psycholinguist. Brain, Language & Intersensory Perception at Nanyang Technological University, Singapore. July 27, 2018 reporting on CognScience Conference:
Mary Jean Amon presenting on distributed cognition (that is, sharing the job of cognition between, say, 2 people), and how to investigate it between species... Joint work with Zachariah Neemar & Louis Favela
In 2018, Kahneman says he doesn’t believe we can change System 1 thinking. System 1= the quick-thinking part of our brain and the one that makes mistaken judgments.
Richard E. Nisbett, a social psychologist at the University of Michigan, 2015 book, Mindware: Tools for Smart Thinking, also “Mindware: Critical Thinking for the Information Age,” an online Coursera course in which he goes over what he considers the most effective de-biasing skills and concepts.
https://medium.com/the-atlantic/the-cognitive-biases-tricking-your-brain-42fae5b9d1ca
Court of Appeal, in Earnshaw v. Despins, (1990), 45 B.C.L.R. (2d) 380 (B.C.C.A.) at para. 14.
Mayo Moran, Rethinking the Reasonable Person (2003, Oxford Press) at 17 As quoted in letter of October 5, 2005 fromRobert F. Bauer, Perkins Coie to Brad Deutsch, Office of General Counsel, Federal Election Commission
Vancouver Surrey, Richmond Schools – 19% ESL and 8% special needs
Skim reading is the new normal. The effect on society is profound
Maryanne Wolf
When the reading brain skims texts, we don’t have time to grasp complexity, to understand another’s feelings or to perceive beauty. We need a new literacy for the digital age
Sat 25 Aug 2018 14.41 BST
https://www.theguardian.com/commentisfree/2018/aug/25/skim-reading-new-normal-maryanne-wolf
cognitive impatience,
inability to read with a level of critical analysis sufficient to comprehend the complexity of thought and argument found in more demanding texts, whether in literature and science in college, or in wills, contracts and the deliberately confusing public referendum questions citizens encounter…
we don’t have time to grasp complexity, to understand another’s feelings, to perceive beauty, and to create thoughts of the reader’s own.
To learn more about the PIAAC: The international OECD website at http://www.oecd.org/skills/piaac, the U.S. Department of Education’s Institute of Education Sciences website at https://nces.ed.gov/surveys/piaac, and the PIAAC gateway website at http://piaacgateway.com.
Regina vs Evans
Regina vs Evans
Case law and legislation has led to this development. Think about: Deaf. Blind. Have foresight of them.
27% of Canadians with a Bachelor’s Degree do not have level of literacy sufficient to cope with a modern, information society.
Apply to problem-solving and decision-making
Canadian-born: Some people who have poor reading skills experienced poverty, abuse, neglect, poor nutrition, and racial or other discrimination as children and young adults that interfered with their learning.
A uniform practice or standard which has a negative or adverse effect on a group of persons because it does not accommodate their particular characteristics though this could be done without sacrificing legitimate objectives or incurring undue hardship.