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Undue Influence
Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person gains control over their victims' decision making through manipulation tactics and unfair pressure, typically for financial gain. Historically, UI has been poorly understood, even in some legal circles. Undue influence is typically perpetrated by a person who is trusted by the victim and is dependent on them for emotional and physical needs. Caregivers are often found to have unduly influenced their patients, however, anyone in a position of trust and authority over the victim (e.g. fiduciary) may be guilty. This includes the victims' attorney, accountant, nursing home attendant, or even children. UI is a ''process'', not a single event. A manipulator may spend weeks, months, or even years before successfully unduly-influencing their vic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Psychological Trauma
Psychological trauma (also known as mental trauma, psychiatric trauma, emotional damage, or psychotrauma) is an emotional response caused by severe distressing events, such as Major trauma, bodily injury, Sexual assault, sexual violence, or other threats to the life of the subject or their loved ones; indirect exposure, such as from watching television news, may be extremely distressing and can produce an involuntary and possibly overwhelming physiological stress response, but does not always produce trauma ''per se''. Examples of distressing events include violence, rape, or a Terrorism, terrorist attack. Short-term reactions such as acute stress disorder, psychological shock and denial, psychological denial typically follow. Long-term reactions and effects include flashback (psychology), flashbacks, panic attacks, insomnia, nightmare disorder, difficulties with interpersonal relationships, post-traumatic stress disorder (PTSD), and brief psychotic disorder. Physical symptoms ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elder Abuse
Elder abuse (also called elder mistreatment, senior abuse, abuse in later life, abuse of older adults, abuse of older women, and abuse of older men) is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person. This definition has been adopted by the World Health Organization (WHO) from a definition put forward by Hourglass (formerly Action on Elder Abuse) in the UK. Laws protecting the elderly from abuse are similar to and related to laws protecting dependent adults from abuse. Elder abuse includes harms by people an older person knows or has a relationship with, such as a spouse, partner, or family member, a friend or neighbor, or people an older person relies on for services. Many forms of elder abuse are recognized as types of domestic violence or family violence since they are committed by family members. Paid caregivers have also been known to prey on elder ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brainwashing
Brainwashing is the controversial idea that the human mind can be altered or controlled against a person's will by manipulative psychological techniques. Brainwashing is said to reduce its subject's ability to think critically or independently, to allow the introduction of new, unwanted thoughts and ideas into their minds, as well as to change their attitudes, values, and beliefs. The term "brainwashing" was first used in English by Edward Hunter in 1950 to describe how the Chinese government appeared to make people cooperate with them during the Korean War. Research into the concept also looked at Nazi Germany and present-day North Korea, at some criminal cases in the United States, and at the actions of human traffickers. Scientific and legal debate followed, as well as media attention, about the possibility of brainwashing being a factor when lysergic acid diethylamide (LSD) was used, or in the induction of people into groups which are considered to be cults. Brainwashing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contractors Bonding V Snee
Contractors Bonding v Snee 9922 NZLR 157 is a leading New Zealand case regarding undue influence Undue influence (UI) is a psychological process by which a person's free will and judgement is supplanted by that of another. It is a legal term and the strict definition varies by jurisdiction. Generally speaking, it is a means by which a person .... Background Snee's son, Mr Savage, purchased a travel agency. In order to be a travel agent, it needed to pay a bond of $50,000 to the Travel Agents Association. To satisfy this requirement, they arranged for Contractors Bonding to issue the bond, but they required suitable security before this bond was given. To satisfy this requirement, Savage approached his mother, convincing her to guarantee this bond, supported by a mortgage over her house. She gave this guarantee, despite the fact her lawyer had advised her not once, but twice, to not give the guarantee. Savage received her guarantee documents from his lawyers, and took them ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Social Psychology
Social psychology is the methodical study of how thoughts, feelings, and behaviors are influenced by the actual, imagined, or implied presence of others. Although studying many of the same substantive topics as its counterpart in the field of sociology, psychological social psychology places more emphasis on the individual, rather than society; the influence of social structure and culture on individual outcomes, such as personality, behavior, and one's position in social hierarchies. Social psychologists typically explain human behavior as a result of the relationship between mental states and social situations, studying the social conditions under which thoughts, feelings, and behaviors occur, and how these variables influence social interactions. History 19th century In the 19th century, social psychology began to emerge from the larger field of psychology. At the time, many psychologists were concerned with developing concrete explanations for the different aspe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adult Protective Services
In the United States, Adult Protective Services (APS) is a government agency that investigates allegations of a vulnerable adult being or having been abused, neglected, or exploited by their caregivers. APS is typically administered by local or state health, aging, or regulatory departments and includes a multidisciplinary approach to helping older adults, and younger adults with disabilities, who are victims. Services range from the initial investigation of mistreatment, to health and supportive services and legal interventions, up to and including the appointment of surrogate decision-makers such as legal guardians. While some states provide adult protective services to older adults only, as in Ohio where the APS law applies to those 60 and older, most serve adults with disabilities over the age of 18 who meet the state's definition of "vulnerable". Disabilities may be due to aging, developmental disabilities, physical disabilities, mental illness or cognitive impairments. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Testator
A testator () is a person who has written and executed a last will and testament that is in effect at the time of their death. It is any "person who makes a will."Gordon Brown, ''Administration of Wills, Trusts, and Estates'', 3d ed. (2003), p. 556. . Related terms * A female testator is sometimes referred to as a testatrix (), plural testatrices (), particularly in older cases. *In Ahmadiyya Islam, a testator is referred to as a moosi, who is someone that has signed up for Wasiyyat or a will, under the plan initiated by the Promised Messiah, thus committing a portion, not less than one-tenth, of his lifetime earnings and any property to a cause. * The adjectival form of the word is testamentary, as in: # Testamentary capacity, or mental capacity or ability to execute a will and # Testamentary disposition, or gift made in a will (see that article for types). # Testamentary trust, a trust that is created in a will. * A will Will may refer to: Common meanings * Will an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fiduciary
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (legal person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Burden Of Proof (law)
In a legal dispute, one party has the burden of proof to show that they are correct, while the other party has no such burden and is presumed to be correct. The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute. It is often associated with the Latin maxim ''semper necessitas probandi incumbit ei qui agit'', a translation of which is: "the necessity of proof always lies with the person who lays charges." In civil suits, for example, the plaintiff bears the burden of proof that the defendant's action or inaction caused injury to the plaintiff, and the defendant bears the burden of proving an affirmative defense. The burden of proof is on the prosecutor for criminal cases, and the defendant is presumed innocent. If the claimant fails to discharge the burden of proof to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Third-party Beneficiary
A third-party beneficiary, in the civil law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a ''ius quaesitum tertio'', arises when the third party ('' tertius'' or ''alteri'') is the intended beneficiary of the contract, as opposed to a mere incidental beneficiary (''penitus extraneus''). It vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor (''promittens'', or performing party) or the promisee (''stipulans'', or anchor party) of the contract, depending on the circumstances under which the relationship was created. A contract made in favor of a third party is known as a "third-party beneficiary contract." Under traditional common law, the ''ius quaesitum tertio'' principle was not recognized, instead relying on the doctrine of privity of contract, which restricts rights, obligations, and l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agency (law), agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an legal instrument, instrument signed under Seal (contract law), seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be Notary, notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
