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Medical jurisprudence > Introduction to medical jurisprudence > Flashcards

Introduction to medical jurisprudence Flashcards

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USMLE® Step 1 flashcards
1
Q

the study or philosophy of law

A

Jurisprudence

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2
Q

If a case has reached the supreme court, any (subsequent case with the same facts shall be decided in the same way) unless they contravene the ordinary principles of justice.

A

stare decisis

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3
Q

Latin to English translation for “stare decisis”

A

Let it stand

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4
Q

it binds courts to follow legal precedents set by previous decisions

A

stare decisis

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5
Q

Article which states that Judicial decisions applying or interpreting the laws or constitution of the Philippines shall form part of the law of the land.

A

Art. 8 NCC

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6
Q

The article where if you put it simply: “Like if a certain case is decided in one way then the following would be the same unless the supreme court reverses itself.”

A

Article 8 NCC

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7
Q

2 Sayings in Court:

A
  1. The decision of the supreme court is always right

2. In the rare cases that its wrong then number 1 applies

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8
Q

It is the Legal aspect of medical practice. Concerned with aspect of law that has to do with medicine

A

Medical Jurisprudence

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9
Q

6 Purpose of medical jurisprudence

A

(SPPARE)

  1. Protect from Quacks
  2. Promote professionalism
  3. Aware of rights and duties
  4. Reject Malpractice
  5. Explain legislation involving medicine
  6. Study change in health care laws
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10
Q

3 Med jurisprudence includes

A
  1. licensure law
  2. doctor-patient-hospital relationship
  3. Rights, duties obligation and liabilities
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11
Q

3 Laws NOT ENFORCEABLE BY THE STATE

A
  1. Natural Law
  2. Divine Law
  3. Moral Law
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12
Q

Law pertaining to, cognizable and enforceable by the (dictate of one’s conscience) to be the right conduct.

A

Moral Law

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13
Q

2 Laws ENFORCEABLE BY THE STATE

A
  1. Substantive Law

2. Remedial OR procedural Law

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14
Q

Creates rights and obligations.

A

Substantive Law

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15
Q

Creates, defines, and regulates exercise of such rights.

A

Substantive Law

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16
Q

Concerned with (mechanical rules) that govern the means by which the substantive rights and duties are vindicated or enforced.

A

Remedial or Procedural Law

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17
Q

Example of Substantive Law

A

Right to ownership for products bought or

had been given.

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18
Q

Example of Procedural Or Remedial Law

A

Procedure on how to file a case. What necessary files needed to be attached.

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19
Q

2 Enforceable laws AS TO NATURE OF THE SUBJECT-MATTER

A
  1. Public Law

2. Private law

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20
Q

Law that Regulates the relationship between state and subject.

A

Public Law

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21
Q

Law that Regulates the relationship of individuals

A

Private law

22
Q

6 SOURCES OF LAW

A

(I CCOAL)

  1. Constitution
  2. Congressional Law
  3. Orders and decrees during Martial Law or before the New Constitution.
  4. Administrative acts,
  5. Local customs
  6. International Law
23
Q

Which among the 6 sources of law is not recognized as laws

A

Local Customs

24
Q

The organic and fundamental law of a nation or state. It may be written or unwritten.

A

CONSTITUTION

25
Q

Article which states: When a court declares a law to be inconsistent with the constitution, the former shall be void and the latter shall govern

A

Art. 7, Par. 2, Civil Code

26
Q

is a law in the making

A

Bill

27
Q

A bill is passed by both ____ and signed by

the _______

A

houses of congress, The president

28
Q

A bill passed by both houses of congress but vetoed by

the president, can be overturned by gaining _____

A

2/3 votes (328 seats) in both houses.

29
Q

A bill passed by both houses of congress but failed to be

acted upon by the president within ______, automatically ______

A

30 days, lapses into law

30
Q

laws issued during the Martial Law

A

Presidential decrees

31
Q

(President states specific) policies to

govern or regulate certain activities

A

General Order

32
Q

Orders telling gov’t officials what to do

A

Letter of Instructions

33
Q

(puts into effect) the provisions of certain laws or presidential decrees

A

Letter of Implementations

34
Q

(Instructions authorizing) gov’t officials to perform certain tasks.

A

Letter of Authorities

35
Q

Article which states: Administrative acts, orders, rules and regulations are only valid when not in contrary to the laws or the Constitution

A

Art. 7, Sec. 3, Civil Code

36
Q

A rule of human action established by repeated acts, and uniformly observed or (practiced as a rule of society) through the implicit approval of the lawmakers, and which is therefore generally obligatory and legally binding.

A

LOCAL CUSTOMS

37
Q

Goal of THE LAW AND THE PRACTICE OF MEDICINE

A

to serve humanity

38
Q

Primary objective of THE LAW AND THE PRACTICE OF MEDICINE

A

preserve life and maintain the health of ALL people

39
Q

Focus and Concern of THE LAW AND THE PRACTICE OF MEDICINE

A

welfare and physical well-being of the patient

40
Q

2 Purpose of these Legal Safeguards in medical law

A
  1. Safety of patient

2. Liability upon the physician

41
Q

The right to regulate the practice of medicine is based on ______

A

Police power of the state

42
Q

The power vested in the legislature to make wholesome and reasonable laws not repugnant to the constitution

A

Police Power

43
Q

Used to promulgate laws that may promote public health, safety, morale and the general prosperity and welfare of its inhabitants

A

Police Power

44
Q

7 Laws Controlling the Quality of Medical Services

A
  1. Licensure Law
  2. Code of Ethics
  3. Criminal Law
  4. Civil Law
  5. Medical societies
  6. Hospital rules and reg.
  7. Public opinion
45
Q

Law that indicates the minimum standard requirements for a college
of medicine, education, examination and grounds for suspension of medical license

A

LICENSURE LAWS

46
Q

What 3 guidelines do the Code of ethics provide

A

a. Physicians to their patients
b. Physicians to the community
c. Physicians to their colleague and profession

47
Q

Law that states “Wrongful acts or omissions are considered crimes.”

A

CRIMINAL LAW

48
Q

Every person who, contrary to law, causes damage to another, shall indemnify the latter for the same.

A

CIVIL LAW

49
Q

This is one of the many groups obliged to comply with the constitution, by-laws, and rules and regulations promulgated by the governing body

A

MEDICAL SOCIETIES

50
Q

Rules and regulations on the proper use of hospital services and on the conduct of those rendering professional services to the patient

A

HOSPITAL RULES AND REGULATIONS

Medical jurisprudence (14 decks)

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