Quimbee logo
DMCA.com Protection Status

In the Interest of JAD

492 N.W.2d 82 (1992)

Case BriefRelatedOptions
From our private database of 33,600+ case briefs...

In the Interest of JAD

North Dakota Supreme Court

492 N.W.2d 82 (1992)

Facts

JAD (defendant) traveled from the southern United States to North Dakota, arriving in the summer. JAD was homeless and mentally ill, and he sometimes sought help from local organizations and state agencies to get food and shelter. On at least one occasion, JAD declined to use a shelter offered by a caseworker. On another occasion, JAD threw away supposedly good food because he could not remember where he got it and whether it was safe to eat. A civil petition was filed to have JAD involuntarily committed to a state hospital for mental-health treatment. Under North Dakota law, a person could be involuntarily committed to a mental-health facility after a showing of clear and convincing evidence that the person was (1) mentally ill and (2) a danger to himself, others, or property. At the hearing, there was clear and convincing evidence that JAD had a mental illness, satisfying the first element. For the second element, there was no evidence that JAD was likely to be a danger to other people or property. The primary concern was that JAD might be a danger to himself if he did not appreciate North Dakota’s potentially severe winter conditions and failed to seek appropriate shelter. Also, because JAD was homeless, there was concern that he might not be able to keep himself fed. The court found that these concerns were enough to involuntarily commit JAD to a state hospital for up to 90 days of mental-health treatment. JAD appealed the commitment order.

Rule of Law

Issue

Holding and Reasoning (Vande Walle, J.)

Concurrence (Erickstad, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 602,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 602,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 33,600 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership