JURIS & ETHICS Flashcards

1
Q

functions of law in dentistry

A

provides framework
delineates dentist responsibilities
boundaries
maintain standard

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2
Q

rule of action
ordinance
rule of civil

A

LAW

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3
Q

moral power residing in the person of doing

A

right

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4
Q

those which the state confers upon a person and which he can enforce through legalmeans against those person in the community who are bound to respect them

A

legal right

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5
Q

kinds of legal right

A

right in rem
right in personam

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6
Q

enforce against the communit which must not be disturbed

A

right in rem

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7
Q

enforceable only against specific person or person

A

right in personam

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8
Q

refers to philosophy of law

A

jurisprudence

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9
Q

is the omission to do something which a reasonable and prudent man would do.
forgetting something you need to do
• It implies a failure to apply a proper degree of diligence, judgment, skill and care to the dental procedure in accordance with the contemporary dental practice

A

negligence

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10
Q

Act or process of making laws.

A

legislate

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11
Q

Having the power to make laws

A

legislation

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12
Q

Act or process of making laws affecting the science, art and practice of dentistry

A

Dental legislation

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13
Q

A code of professional standards that defines values and determines moral duties and obligations

A

Ethics

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14
Q

branch of moral law, which treats the conduct an obligation, which a member of the dental profession owes to his fellow professionals, the public and his client

A

Dental ethics

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15
Q

refers to training program in any of the six specialties in dentistry and integration of knowledge and skills in a particular discipline which should be university paste or hospital base run by specialist who have undergone extensive training or obtain a degree in an accredited dental university

A

Preceptorship

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16
Q

what are the 4D’s negligence?

A

Duty, derelect direct cause and damages

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17
Q

It is required that dentist patient relationship must be established

A

duty

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18
Q

there must be evidence of neglect of duties, such as judgment from a malpractice case

A

Derelect

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19
Q

It must be established whether the action in fact cause the harm, and it is the proximate cause of the injury

A

Direct cause

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20
Q

as a result of want of due or skill, there is injury or damage

A

Damages

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21
Q

The thing or injury speaks for itself

A

res ipsa loquitor

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22
Q

unforeseen conditions

A

Doctrine of foreseeability

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23
Q

criminal negligence

A

Culpa

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24
Q

A judicial necessity to give to do or not to do

A

Obligation

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25
meeting of the minds between two person with her, by one binds him self with respect to the other, to give something or to render service
ConTrac
26
act or omission, punishable by law
Crimes or Felonies
27
act is performed with deliberate intent
Deceit
28
Imprudence, negligence, lack of foresight or lack of skill
culpa
29
mutilation of teeth, example, badly broken
Minor physical injury
30
five exempted crimes
insane. Under age 9 to 15 years old below Person while performing a lawful act with due care Ask under impulse of an uncontrollable fear Act of compulsion of irresistible force
31
Personal wrongdoing
Moral turpitude
32
personal misconduct, which is characterized, as an act of baseness, vileness, or depravity, and contrary to the accepted costumary, rules, and duty between men and men
moral turpitude
33
ask that constitute moral turpitude
Publication of defamatory matter Conviction of adultery Concubinage Forgery Serious oral defamation Embezzlement
34
A criminal offense, committed by a person, not necessarily a dentist or by a dentist in practicing his profession, without first being authorized under the law
Illegal practice of dentistry
35
Four elements of malpractice
license Negligence Moral turpitude Injury
36
Practice of profession, with license, but act involving ignorance negligence on skillfulness, or accompanied by moral turpitude resorting to injury of the patient
Malpractice
37
pertains to the professional fees, a dentist, ought to receive for the services rendered
dental fees
38
means performance or doing of an act
feasance
39
Wrongfully, or unlawfully performance of an act
Malfeasance
40
improper performance of lawful act
Misfeasance
41
failure to do something that should have been done
Nonfeasance
42
it is the degree of skills required of a dentist
ordinary skill
43
duty of a dentist to supervise his dental auxiliaries, because the acts or negligent or damage will be attributed to the dentist
Doctrine of respondeat superior
44
information obtained related to dental practice cannot be disclosed by a dentist during trial without the patient's consent.
Privilege, communication
45
Elements of privilege, communication
purpose of diagnosis Treat the patient Blacken the character of the patient
46
jus soli
place
47
jus sanguinis
blood
48
Wrongful act that results in injury to one person to another
TORT
49
Division of civil law, covering their rights and duties of people towards each other, and wrong, committed in violation of these rights and duties
Tort law
50
Court mandating that an individual show up at court at a specific time and date
Subpoenas
51
when someone who is charge of illegal practice, intentionally did not attend the trial missed the trial intentionally
Contempt
52
Court mandating that an individual up at court at a specific time and date to bring documents
Subpoena duces tectum
53
a writ issued from the higher court to the lower court to send the records for a specific case?
Certiorari
54
I read it should commanding or ordering a person to perform a public or statutory duty
Mandamus
55
a writ ordering a person to refrain from a particular act or requires a performance of a particular act
Injunction
56
A notice was issued by the court to answer or respond to action, a complaint that was filed against him
summon or reply
57
The head or person in charge or a surgeon is responsible for whatever goes wrong in the operating room
Captain of the ship doctrine
58
Three. Powers of the state.
police power Eminent domain Taxation
59
Power to prescribe regulations to promote health morals, peace, education, good order, safety, and general welfare of the people
Police power
60
the welfare of people is supreme law
salus populi est suprema law
61
use your own propert so as not to impair another
sic utero tu alienum non leadas
62
ignorance of the law excuses no one frm compliance thre with
ignorantia legisnon excusat
63
Power to extract a fee on a product income activity for public purposes
Taxation
64
opinion of a witness
Expert testimony
65
Testimony, given by a witness of a matter
Expert evidence
66
Give testimony on matters he knows
expert witness
67
first dental law Dental examiners with three members
Act 593 January 10, 1903
68
Inhabitants of state
People
69
Second dental law Regulation of board exam plus curriculum
act 2462 Feb 5 1915
70
third
Act 2711 March 10, 1917
71
Fourth dental law
act 417 June 18, 1949 Two years pre-dent Practical phase of board exam
72
right to prescribe prohibited drugs
Act 2205 January 16, 1913
73
created PRC
PD223
74
Labor code of Ph
PD442
75
standardize board exam
Our a 546 June 17, 19 50
76
Regulate dental hygienist
RA 768 June 20, 1952
77
5 TH dental law
philippine dental act of 1965 RA 4419 June 19, 1965
78
Generic act of 1988
RA 6675
79
6th Dental law.
Philippine dental act of 2007 RA 9484
80
Theory of reciprocity
Our a 9484, article 4, section 31
81
peneal provision and enforcement
Articel five
82
refers to law passed by Congress
Statutory
83
refers to write privileges and responsibilities stated in or inferred from the Philippine constitution
Constitutional
84
refers to decision, made by the judges in court cases, or established by rules of custom and tradition
Common law
85
refers to the rules and rulings made by administrative agencies
Administrative
86
Keep patient's record for forensic reason
PD1575
87
Organ, donation act of 1991
RA 7170
88
Three conditions of refusal to issue a certificate
convicted of criminal offense Immoral conduct Unsound mind
89
two conditions issuance of certificate
Diploma Pass the boards
90
Power to investigate and decide administrative matter, issue, summons, and subpoena
Quasi judicial
91
Power to formulate such rules and regulations, as may be necessary to effectively implement policies, with respect to the regulation and practice of profession
Quasi legislative
92
Power to administer implement, and enforce the regulatory policies of national government with respect to the regulation and licensing of variation professionals
Administrative
93
composition of board of dentistry
Five members One chairman And 4 members
94
Ched or commission on higher education
accreditation of dental schools
95
license renewed, every
Three years
96
Report of resorts is
20 days after last day
97
first conviction of genetic code
Reprimand by PRC
98
Second conviction of genetic code
2000 to 5000
99
Third conviction of generic code
5000 to 10,000+30 days of suspension
100
Fourth conviction of genetic
10,000+ one year or more suspension
101
three kinds of wills
Notarial Holographic Nuncupative
102
it is a written and signed by testator with three credible witnesses in presence
Notorial
103
entirely written with date and signature no witness
Holographic
104
oral will
Nuncupative
105
an instrument or a document, where a person is permitted to control to a certain degree, the disposition of his state to take affect after his death
will
106
to give to do or not to
Obligation
107
duty to be faithful to a commitment
Fidelity
108
duty to tell the truth
Veracity
109
duty to the profession
to keep professionally fit
110
no one should unjustly enrich himself at the expense of the other
solution indebti
111
arises whenever a person voluntarily taks charge the agency or management of the usiness or property of another without any power or authority from the latter
negotioriom gestio
112
acts or ommision which damages to another
quasi delicts