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Tarasoff V. Regents Of The University Of California
''Tarasoff v. Regents of the University of California'', 17 Cal. 3d 425, 551 P.2d 334, 131 Cal. Rptr. 14 ( Cal. 1976), was a case in which the Supreme Court of California held that mental health professionals have a duty to protect individuals who are being threatened with bodily harm by a patient. The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim, and/or taking other reasonable steps to protect the threatened individual. History Prosenjit Poddar was a student from Bengal, India, who entered the University of California, Berkeley, as a graduate student in September 1967 and resided at its International House. In the fall of 1968 he met Tatiana Tarasoff at a folk dancing class, and they dated. When Tarasoff told him she ...
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Demurrer
A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word ''demur'' means "to object"; a ''demurrer'' is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying "So what?" to the pleading. Typically, the defendant in a case will demur to the complaint, but it is also possible for the plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the challenged cause of action or possibly the entire complaint can be thrown out (informally speaking) at the demurrer stage as not legally sufficient. A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demu ...
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Civil Commitment
Involuntary commitment, civil commitment, or involuntary hospitalization/hospitalisation is a legal process through which an individual who is deemed by a qualified agent to have symptoms of severe mental disorder is detained in a psychiatric hospital (inpatient) where they can be treated involuntarily. This treatment may involve the administration of psychoactive drugs, including involuntary administration. In many jurisdictions, people diagnosed with mental health disorders can also be forced to undergo treatment while in the community; this is sometimes referred to as outpatient commitment and shares legal processes with commitment. Criteria for civil commitment are established by laws which vary between nations. Commitment proceedings often follow a period of emergency hospitalization, during which an individual with acute psychiatric symptoms is confined for a relatively short duration (e.g. 72 hours) in a treatment facility for evaluation and stabilization by mental health ...
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United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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California State Case Law
California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the most populated subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento is the state's capital, while Los Angeles is the most populous city in the state and the second most populous city in the country. San Francisco is the second most densely populated major city in the country. Los Angeles County is the country's most populous, while San Bernardino County is the largest county by area in the country. California borders Oregon to the north, Nevada and Arizona to the east, the Mex ...
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Regents Of University Of California V
A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy, or the throne is vacant and the new monarch has not yet been determined. One variation is in the Monarchy of Liechtenstein, where a competent monarch may choose to assign regency to their of-age heir, handing over the majority of their responsibilities to prepare the heir for future succession. The rule of a regent or regents is called a regency. A regent or regency council may be formed ''ad hoc'' or in accordance with a constitutional rule. ''Regent'' is sometimes a formal title granted to a monarch's most trusted advisor or personal assistant. If the regent is holding their position due to their position in the line of succession, the compound term '' prince regent'' is often used; if the regent of a minor is their mother, she would ...
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Professional Psychology
The ''Professional Psychology: Research and Practice'' is a peer-reviewed, English language journal published six times per year by the American Psychological Association (APA). The journal "publishes conceptual and data-based articles on the issues and methods involved in the practice of psychology. Topics encompass a broad range, including health psychology, community psychology, family psychology, forensic psychology, and clinical neuropsychology". The editor-in-chief is Ronald T. Brown (University of North Texas at Dallas). First published in 1970, as ''Professional Psychology'', the name of the journal was extended to ''Professional Psychology: Research and Practice'' in 1983. The journal has implemented the Transparency and Openness Promotion (TOP) Guidelines. The TOP Guidelines provide structure to research planning and reporting and aim to make research more transparent, accessible, and reproducible. Abstracting and indexing According to the '' Journal Citation Repor ...
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Max Siegel (psychologist)
Max Siegel (July 22, 1918 – January 1, 1988) was an American psychologist and past president of the American Psychological Association (APA). His faculty appointments included work at Brooklyn College, Florida Atlantic University and Nova Southeastern University. Siegel was interested in issues surrounding crime. Early life Siegel was born in New York City. He studied psychology at City College of New York, where he earned undergraduate and master's degrees in psychology. He earned a PhD from New York University and then studied under psychoanalyst Erich Fromm. Career Siegel established a mental health clinic at Brooklyn College for military veterans after World War II. Siegel had a private psychotherapy practice in Brooklyn. He was a dean of students at Brooklyn College. Siegel studied the insanity defense, patient confidentiality, and issues surrounding crime victims. In a 1982 interview, he said that he had a sister who was murdered in New York, and the killer was set fr ...
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Law Review
A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging law concepts from various topics. Law reviews are generated in almost all law bodies/institutions worldwide. However, in recent years, some have claimed that the traditional influence of law reviews is declining. Unlike other scholarly journals, most law journals in the United States and Canada are housed at individual law schools and are edited by students, not professional scholars. A law school will typically have a "flagship" law review and several secondary journals dedicated to specific topics. For example, Harvard Law School's flagship journal is the '' Harvard Law Review'', and it has 16 other secondary journals such as the '' Harvard Journal of Law & Technology'' and the '' Harvard Civil R ...
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Medical Confidentiality
Confidentiality involves a set of rules or a promise usually executed through confidentiality agreements that limits the access or places restrictions on certain types of information. Legal confidentiality By law, lawyers are often required to keep confidential anything pertaining to the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers ''communications'' between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the client's advant ...
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Public Policy
Public policy is an institutionalized proposal or a decided set of elements like laws, regulations, guidelines, and actions to solve or address relevant and real-world problems, guided by a conception and often implemented by programs. Public policy can be considered to be the sum of government direct and indirect activities and has been conceptualized in a variety of ways. They are created and/or enacted on behalf of the public typically by a government. Sometimes they are made by nonprofit organisations or are made in co-production with communities or citizens, which can include potential experts, scientists, engineers and stakeholders or scientific data, or sometimes use some of their results. They are typically made by policy-makers affiliated with (in democratic polities) currently elected politicians. Therefore, the "policy process is a complex political process in which there are many actors: elected politicians, political party leaders, pressure groups, civil servan ...
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Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rati ...
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Mathew Tobriner
Mathew Oscar Tobriner (April 2, 1904 – April 7, 1982) was an American lawyer and law professor who served as an associate justice of the California Supreme Court from 1962 to 1982. Early life and education A native of San Francisco, Tobriner was educated at Lowell High School and was a member of its famed Lowell Forensic Society, the nation's oldest high school debate team. He attended Stanford University, and in 1924 received his A.B. degree with ''Phi Beta Kappa'' honors, and the next year his M.A. In 1927, he graduated from Harvard Law School ''magna cum laude'' and Order of the Coif with a LL.B. In April 1928, he was admitted before the California Bar. He continued his graduate studies at the University of California, Berkeley, where he was awarded a Doctor of Juridical Science in 1932. Legal and judicial career After law school, Tobriner entered private practice and specialized in labor law. In 1928, he founded the firm of Tobriner, Lazarus, Brundage & Neyhart, in S ...
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