scholarly journals The Role of the Medical Expert in the Retrospective Assessment of Testamentary Capacity

2020 ◽  
pp. 070674372091500
Author(s):  
Kenneth Shulman ◽  
Nathan Herrmann ◽  
Hayley Peglar ◽  
Daniel Dochylo ◽  
Clare Burns ◽  
...  
Keyword(s):  
Cognitive Disorders ◽  
Relevant Information ◽  
Case Law ◽  
Medical Expert ◽  
Retrospective Assessment ◽  
Legal Perspective ◽  
Testamentary Capacity ◽  
Health Experts

Objectives: Physicians and other mental health experts are increasingly called on to assist the courts with the determination of testamentary capacity. We aim to improve the understanding of the retrospective assessment of testamentary capacity for medical experts in order to provide more useful reports for the court’s determinations and to provide a methodology for the retrospective assessment of testamentary capacity. Method: Medical experts with experience in the retrospective assessment of testamentary capacity collaborated with lawyers who practice estate litigation. The medical literature on the assessment of testamentary capacity was reviewed and integrated. The medical experts provided a clinical perspective, while the lawyers ensured that the case law and legal perspective were integrated into this review. Results: The focus and limitations of the medical expert are outlined including the need to be objective, nonpartisan, and fair. For the benefit of the court, the medical expert should describe the nature and severity of relevant medical, psychiatric, and cognitive disorders, and how they may impact on the specific criteria for testamentary capacity as defined by the leading case of Banks v Goodfellow. Medical experts should opine only on the issue of vulnerability to influence and defer to the court to determine the facts of the case regarding any influence that may have been exerted. Conclusions: Although the ultimate determination of testamentary capacity is a legal one, medical experts can help the court achieve the most informed legal decision by providing relevant information on clinical issues that may impact the criteria for testamentary capacity.

scholarly journals Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation: Susceptibilité à une Influence Indue : Le Rôle de L’expert Médical Dans un Litige Successoral

2021 ◽  
pp. 070674372110206
Author(s):  
Nathan Herrmann ◽  
Kimberly A. Whaley ◽  
Deidre J. Herbert ◽  
Kenneth I. Shulman
Keyword(s):  
Medical Literature ◽  
Psychiatric Symptoms ◽  
Relevant Information ◽  
Historical Background ◽  
Medical Documentation ◽  
Medical Expert ◽  
Undue Influence ◽  
Legal Perspective ◽  
Testamentary Capacity

Objectives: Medical experts are increasingly asked to assist the courts with Will challenges based on the determination of testamentary capacity and potential undue influence. Unlike testamentary capacity, the determination of undue influence has been relatively neglected in the medical literature. We aim to improve the understanding of the medical expert role in providing the courts with an opinion on susceptibility to undue influence in estate litigation. Method: Medical experts with experience in the assessment of testamentary capacity and susceptibility to undue influence collaborated with experienced estate litigators. The medical literature on undue influence was reviewed and integrated. The lawyers provided a historical background and a legal perspective on undue influence in estate litigation and the medical experts provided a clinical perspective on the determination of susceptibility to undue influence. Together, they provided recommendations for how the medical expert could best assist the court. Results: Susceptibility to undue influence is frequently used in estate litigation to challenge the validity of Wills and is defined as subversion of the testator’s free will by an influencer, resulting in changes to the distribution of the estate. While a determination of undue influence includes the documentation of indicia or suspicious circumstances under which the Will was drafted and executed, medical experts should focus primarily on the susceptibility of the testator to undue influence. This susceptibility should be based on a consideration of cognitive function, psychiatric symptoms, physical and behavioural function, with evidence derived from the medical documentation, the medical examination, and the history. Conclusions: The determination of undue influence is a legal one, but medical experts can help the court achieve the most informed legal decision by providing relevant information on clinical issues that may impact the testator’s susceptibility to undue influence.

Determining a Suicide under Australian Law

2018 ◽  
Vol 41 (2) ◽  
Author(s):  
Stephanie Jowett ◽  
Belinda Carpenter ◽  
Gordon Tait
Keyword(s):  
Case Law ◽  
Law Reform ◽  
Practical Matter ◽  
The Law ◽  
Recent Government

This article examines the role of coroners in making legal determinations of suicide in Australia. Research indicates that the requirement to make findings of intent and capacity in unexpected, violent deaths can be difficult for coroners and recent government inquiries have suggested that the law contributes to the problem. A review of laws and commentary that guide coroners in Australian states and territories reveals not only that coroners are the only persons tasked with making routine legal determinations of suicide, but that such legal guidance lacks clarity. This article concludes that law reform would aid coroners by clarifying definitional issues, removing inconsistency between state jurisdictions and increasing the transparency of case law. Along with requirements for a determination of intent, which is a practical matter previously raised by the Victorian Coronial Council, such changes would go some way to ensuring that Australian suicide statistics are more reliably created.

China, the Crime of Aggression, and the International Criminal Court

2014 ◽  
Vol 5 (1) ◽  
pp. 94-122 ◽  
Author(s):  
Dan ZHU
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Policy Preference ◽  
State Party ◽  
Legal Perspective ◽  
To Come ◽  
Definition Of

At the Kampala Review Conference in 2010, the adoption of the amendments to the Rome Statute laid the groundwork for the eventual prosecution of the crime of aggression. China, a non-State Party to the International Criminal Court, has articulated its concerns regarding the Court's jurisdiction over the crime of aggression in legal terms. This paper examines the Chinese concerns regarding the role of the Security Council in the determination of an act of aggression and the definition of aggression primarily from a legal perspective. It argues that China has hovered back and forth between two conflicting legal positions on these issues during different periods in history according to its policy preference. This paper also considers the concerns of China from a policy perspective before concluding that the crime of aggression should not be regarded as an insurmountable barrier preventing China's accession to the ICC in years to come.

Enforcement of Copyright

2019 ◽  
pp. 154-170
Author(s):  
Eleonora Rosati
Keyword(s):  
Case Law ◽  
Private International Law ◽  
Eu Law ◽  
Technical Aspects ◽  
Applicable Law ◽  
International Dimension ◽  
Legislative Framework ◽  
Copyright Enforcement

This chapter considers enforcement, showing how the legislative framework alone has limited relevance. What has been key to the creation an EU enforcement framework has been—instead—the role of the Court, which is particularly visible in respect of injunctions against intermediaries, costs and damages, and certain private international law aspects (applicable law and, more significantly, jurisdiction). The analysis focuses, first, on CJEU case law in relation to Article 8(3) of the InfoSoc Directive, and extracts a number of key standards for intermediary injunctions (including blocking and filtering, and general monitoring obligations) under EU law. Then, attention shifts to the technical aspects of copyright enforcement initiatives, notably costs and damages. Finally, the chapter considers online copyright infringement cases, with a special emphasis on determination of applicable law and jurisdictions in cases with an international dimension. Again, reliance on certain of the standards discussed in Chapter 2 has been decisive in shaping the resulting framework.

What Are the Odds? Random Drug Testing of Students: Two Perspectives

2005 ◽  
Vol 21 (3) ◽  
pp. 176-176 ◽  
Author(s):  
Katherine Pohlman ◽  
Nadine Schwab
Keyword(s):  
Drug Testing ◽  
Case Law ◽  
School Nurse ◽  
Legal Issues ◽  
Current Case ◽  
Random Drug Testing ◽  
Legal Perspective ◽  
Policy And Procedure ◽  
Procedure Development

Companion articles explore random drug testing programs in schools. The first article addresses random drug testing of students from a legal perspective. It describes legal issues and current case law regarding drug testing programs in schools and commonly asked questions regarding these programs. The second article addresses random drug testing of students from a practice perspective. It explores arguments for and against random drug testing programs and the role of the school nurse in policy and procedure development.

What Are the Odds? Random Drug Testing of Students: Two Perspectives

2005 ◽  
Vol 21 (3) ◽  
pp. 176-176
Author(s):  
Katherine Pohlman ◽  
Nadine Schwab
Keyword(s):  
Drug Testing ◽  
Case Law ◽  
School Nurse ◽  
Legal Issues ◽  
Current Case ◽  
Random Drug Testing ◽  
Legal Perspective ◽  
Policy And Procedure ◽  
Procedure Development

Companion articles explore random drug testing programs in schools. The first article addresses random drug testing of students from a legal perspective. It describes legal issues and current case law regarding drug testing programs in schools and commonly asked questions regarding these programs. The second article addresses random drug testing of students from a practice perspective. It explores arguments for and against random drug testing programs and the role of the school nurse in policy and procedure development.

Relevant information and the Mental Capacity Act

2019 ◽  
Vol 24 (2) ◽  
pp. 71-75 ◽  
Author(s):  
Oluwatoyin A Sorinmade
Keyword(s):  
Decision Making ◽  
Relevant Information ◽  
Decision Making Process ◽  
Patient Needs ◽  
Decisional Capacity ◽  
Correct Determination ◽  
Mental Capacity Act ◽  
The Individual

Implicit in the assertion that an individual has consented to/has capacity to decide, is the concept that the individual has understood that which needed to be understood, retained the same and used/weighed this information as part of their decision-making process and thereafter communicated their wishes in whatever way possible. What invariably underpins the decision-making process is the information available to the individual (relevant information) and how this information is influenced by the functioning of their mind/brain. Consent given without an individual having processed the information relevant to the decision at hand is arguably invalid. This paper seeks to draw attention to the underpinning role of “what the patient needs to know” – (relevant information) in the correct determination of an individual's decisional capacity.

scholarly journals The role of sourcing service agents in the competitiveness of Mexico as an international sourcing region

DYNA ◽  
2015 ◽  
Vol 82 (191) ◽  
pp. 93-102
Author(s):  
María Del Pilar Ester Arroyo-López ◽  
José Antonio Ramos-Rangel
Keyword(s):  
Supply Chains ◽  
Low Cost ◽  
Relevant Information ◽  
Governance Structure ◽  
Third Parties ◽  
Global Supply Chains ◽  
Production Region ◽  
International Sourcing

<p class="ADYNAAbstrac"><span lang="EN-GB">The purpose of this work was to explore and define the sourcing services of Mexican third parties in order to provide a better understanding of how they contribute to the attractiveness of the country as a low-cost production region. Given the exploratory nature of this research, the case study was the research method selected to collect relevant information. Two Mexican companies associated with global supply chains of different types—product-driven and buyer-driven—were selected as representative cases. Primary information was collected through in-depth personal interviews, site visits and secondary documents. The analysis of the two cases allowed the determination of the supplier governance structure and the assessment of the third parties’ contribution to the integration of local suppliers to global supply chains (GSC). In addition, the analysis contributes to the establishment of the value outsourcing services represent for international buyers as well.</span></p>

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

A Molecular Approach to Immunoscintigraphy: A Study of the T-Antigen Conformation on the Surface of Tumors

1987 ◽  
Vol 26 (01) ◽  
pp. 1-6 ◽  
Author(s):  
S. Selvaraj ◽  
M. R. Suresh ◽  
G. McLean ◽  
D. Willans ◽  
C. Turner ◽  
...  
Keyword(s):  
Monoclonal Antibodies ◽  
Tumor Cell ◽  
T Antigen ◽  
Human Carcinomas ◽  
Animal Tumor ◽  
Synthetic Antigens

The role of glycoconjugates in tumor cell differentiation has been well documented. We have examined the expression of the two anomers of the Thomsen-Friedenreich antigen on the surface of human, canine and murine tumor cell membranes both in vitro and in vivo. This has been accomplished through the synthesis of the disaccharide terminal residues in both a and ß configuration. Both entities were used to generate murine monoclonal antibodies which recognized the carbohydrate determinants. The determination of fine specificities of these antibodies was effected by means of cellular uptake, immunohistopathology and immunoscintigraphy. Examination of pathological specimens of human and canine tumor tissue indicated that the expressed antigen was in the β configuration. More than 89% of all human carcinomas tested expressed the antigen in the above anomeric form. The combination of synthetic antigens and monoclonal antibodies raised specifically against them provide us with invaluable tools for the study of tumor marker expression in humans and their respective animal tumor models.

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