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West Academic Study Aids
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Mental Health Law in a Nutshell (West Academic)
Mental health law is a unique body of statutory and case law intended to protect and assist citizens with mental illness. This Nutshell describes this important field of law. Mental illness and intellectual disability (formerly called mental retardation) impact 20% of Americans, and have enormous personal, legal, and policy implications for patients, families, and society. This Nutshell introduces you to the broad range of criminal and civil issues in mental health law, including diagnosis of mental illness; expert testimony on mental health issues; civil commitment; competence to stand trial; the insanity defense; various competencies; ethical/legal issues facing mental health professionals, including informed consent, confidentiality, privilege, and malpractice; discrimination against persons with mental illness; financial and medical benefits for disabled persons.
CALI Lessons
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Children and Others of Diminished Capacity (CALI Lesson)
This lesson covers the traditional negligence standard of care for children. It, of course, deals with the exceptional circumstances of when the adult standard applies to children. In addition, the lesson covers other diminished capacity examples, such as mental illness, physical disability, and intoxication.
Learning Outcomes
On completion of the lesson, students will be able to:
1. Discuss the traditional negligence standard of care for children.
2. Analyze the exceptional circumstances of when the adult standard applies to children.
3. Identify the special, clearly defined categories of people who have different standards of care.
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Excuses II: Insanity and Infancy (CALI Lesson)
Excuses II covers the excuses of insanity and infancy. As in Excuses I, the connection between these defenses and other issues in the analysis of criminal liability is emphasized. Excuses II is a freestanding exercise and provides a general introduction to the concept of an excuse. Still, it's probably best used in conjunction with Excuses I.
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Lack of Capacity (CALI Lesson)
This lesson explores the capacity defense to contract formation, including when a contract may be avoided because of the minority, mental incapacity, or illiteracy of one of the parties.
Learning Outcomes
On completion of the lesson, the student will be able to:
1. Distinguish between lace of capacity as a matter of law and lack of capacity as a matter of fact.
2. Explain the rules on whether minors can avoid contracts and the policies behind those rules.
3. Apply the different tests for lack of mental capacity to particular fact situations.
