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Social Work Legal Terms

Bethany and Janee: Seminar IV - Spring 2020

Legal-judical terms social workers may encounter in the field.

1Allegation _____- a separate justice system having jurisdiction over children 17 years of age and younger involved in the legal system.
2Amicus Curiae Briefs _____- an assertion, claim, declaration, or statement of a party to an action that the party expects to prove.
3Arbitration  _____- two phases: Adjudication phase and Disposition.
4Civil Offense _____- under the laws of many states, all children and any adult judged legally incompetent may have this person, appointed to represent that client's best interests. This person may question witnesses on the stand on behalf of the client. In some states this person may be an attorney, in other states this person can be the any member of the community in good standing (i.e. family member, a professional, or other citizen).
5Court Process  _____- participation of an impartial third party to resolve a dispute, plan a transaction, or assist in negotiations.
6Adjudication Phase _____- a person who brings an action or sues in a civil action and is named on the record.
7Disposition _____- proof legally presented at a trial through witnesses, records, documents, exhibits, or concrete objects to convince the court or a jury.
8Emancipation  _____- the authority to act (may be based on type of offense, age, or location).
9Evidence  _____- a noncriminal offense punishable by restitution or payment of a fine.
10Family Court ______ private decision making by one or more individuals with neutral third party to develop a binding decision for disputing parties.
11Felony _____- communication between a social worker and a client that may be kept out of legal proceedings.
12Guardian ad litem / Conservatorship _____- "friend of the court," which are legal motions that can be filed by individuals, groups, or organizations that have an interest in the outcome of a case. These briefs can bring additional information and analysis to the attention of the court hearing a case.
13Informed Consent _____- the burden of proof required in a particular kind of case; the level or degree of certainty needed to prove an allegation in court.
14Jurisdiction  _____- factual witness
15Juvenile Justice System _____- one who is called to testify in a court proceeding
16Liability Insurance _____- a type of court system that has jurisdiction over the following proceedings: (1) child custody, (2) child support, (3) determination of paternity and support, (4) termination of parental rights, (5) juvenile delinquency and whether a person is in need of supervision, and (6) divorce.
17Malpractice  _____- any act of professional misconduct or unreasonable lack of skill resulting in harm to a client.
18Mediation  _____ - a witness rendered qualified by the judge to give opinions in a particular area of skillfulness.
19Misdemeanor _____- a surrender of part or all of the rights over a child. A client can become emancipated from his or her parents through parental permission, court order, or depending on the state, certain actions taken (such as marriage, childbirth, independent living, or enlisting in the armed forces).
20Plantiff _____- a less serious crime generally punishable by a fine or imprisonment (i.e. battery, negligent operation of a vehicle, or carrying of a concealed weapon).
21Privileged Communication  _____- the court determines the sentence.
22Standard of Proof _____- Standard of Proof
23(1) Beyond a reasonable doubt, which applies to in criminal or delinquency cases, (2) fair preponderance of the evidence, which applies in most civil cases. These are types of _______.  _____- a crime considered serious enough to be punishable by imprisonment (i.e. murder, kidnapping, first-degree sexual assault).
24Lay  _____- facts are presented and a judge or jury determines the verdict.
25Expert _____- the client's granting of permission for intervention services based on complete information regarding the facts, risks, and alternatives. This must be documented.
26Witness  _____- insurance that transfers financial risk from the provider, agency, or school to an insurance carrier.

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