Jurisprudence Flashcards

1
Q

All legal rules and principles affecting practice of nursing

A

Jurisprudence

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2
Q

Rule of civil conduct commanding right and prohibiting wrong

A

Law

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3
Q

Proceeding in court for a purpose (cases)

A

Lawsuit

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4
Q

Enforce right

A

Civil case

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5
Q

Redress wrong

A

Criminal case

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6
Q

Supreme law, creates legal responsibilities and rights, foundation of system of justice

A

Constitutional

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7
Q

President

A

Executive

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8
Q

Congress

A

Legislative

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9
Q

Supreme Court

A

Judicial

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10
Q

Statutory, enacted by any legislative body, creates law

A

Legislation

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11
Q

Creates rules and regulations to enforce statutory law

A

Administrative

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12
Q

Previous case, Somera case 1983

A

Common/ Case

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13
Q

Felony and Misdemeanor

A

Public law: Criminal case

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14
Q

Tort and Contract Laws

A

Private law: Civil case

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15
Q

Punished by law

A

Felony

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16
Q

Special law

A

Offense

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17
Q

Ordinance

A

Infraction

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18
Q

Criminal case parties

A

Plaintiff and accused

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19
Q

Torts: battery, assault, false imprisonment)

A

Intentional

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20
Q

Torts: Invasion of privacy, defamation of character, slander, libel)

A

Quasi intentional

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21
Q

Torts: negligence and malpractice

A

Unintentional

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22
Q

Civil cases parties

A

Complainant and defendant

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23
Q

Criminal case evidence

A

Proof beyond reasonable doubt

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24
Q

Civil case evidence

A

Convincing (preponderance)

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25
Q

Administrative case parties

A

Complainant and respondent

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26
Q

Administrative case evidence

A

Substantial (adequate)

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27
Q

Statute of limitations

A

2-3 years
20 years (killing)

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28
Q

Miranda rights (fundamental requirement)

A

Right to be informed
Right to remain silent
Right to competent counsel
No use of threat/ violence

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29
Q

Bawal maulit ang kaso unless may newly found evidence

A

Principle of double jeopardy

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30
Q

Warantless arrest

A

In flagrante de licto

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31
Q

Warrant

A

Arrest/ warrant

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32
Q

Subpoena person to testify

A

Ad testificandum

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33
Q

Subpoena documents

A

Duces tecum

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34
Q

Answers a complaint

A

Summons

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35
Q

Rumors, not admissable

A

Hearsay evidence

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36
Q

Hearsay unless the dying person is the victime

A

Dying declaration/ ante morten statement

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37
Q

Willful telling of a under oath

A

Perjury

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38
Q

Legal term for crimes

A

Felony

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39
Q

Intentional felony

A

Deceit (dolo)

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40
Q

Unintentional felony

A

Fault (culpa)

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41
Q

Principal: doer

A

Direct participation

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42
Q

Principal: directly force, indice others, mastermind

A

Inducement

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43
Q

Principal: indispensable

A

Cooperation

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44
Q

Cooperates, no need present, accessory before crime

A

Accomplice

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45
Q

Accessory after the act

A

Accessory

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46
Q

/ elements / results

A

Consumated

47
Q

/ elements x results

A

Frustrated

48
Q

x elements x results

A

Attempted

49
Q

(-) imprisonment and payment of damage

A

Justifying

50
Q

(-) imprisonment (+) payment of damage

A

Exempting

51
Q

(+) imprisonment and payment of damage dec

A

Mitigating

52
Q

(-) imprisonment and payment of damage inc

A

Aggravating

53
Q

Do not give the chance to have self defense

A

Treachery

54
Q

Mercy killing

A

Euthanasia

55
Q

Mercy Killing: active taking of steps

A

Active/ direct

56
Q

Mercy killing: omit

A

Passive/ indirect

57
Q

Mercy Killing: voluntary

A

Patients consent

58
Q

Mercy Killing: not the patients decision

A

Involuntary

59
Q

Killing: father, mother, children, grandparents, grandchildren, spouse

A

Parricide

60
Q

Killing others

A

Homicide

61
Q

Killing with aggravating factors

A

Murder

62
Q

Killing <3 days

A

Infanticide

63
Q

Not punishable but guving assistance is

A

Suicide

64
Q

Touching

A

Acts of lasciviousness

65
Q

cause annoyance, irritation, or torment to another

A

Unjust vexation

66
Q

physical injury >30 days

A

Serious

67
Q

Physical injury <30 days

A

Less serious

68
Q

Physical injury 9 days and below

A

Slight

69
Q

Without spouse consent

A

Marital rape

70
Q

Under the age of consent

A

Statutory rape

71
Q

With force, violence, intimidation

A

Robbery

72
Q

Without force, violence, intimidation

A

Theft

73
Q

Pretends to give birth, substitution, putting wrong info

A

Simulation of birth

74
Q

Intentional torts, threats

A

Assault

75
Q

Intentional torts, unconsented touching

A

Battery

76
Q

Intentional torts, confined, restraint

A

False imprisonment

77
Q

Intentional torts, discharge

A

Illegal detention

78
Q

Quasi intentional torts, false statement

A

Defamation

79
Q

Defamatory statement

A

Libel

80
Q

Oral defamation

A

Slander

81
Q

Quasi intentional torts, sharing information

A

Breach of confidentiality

82
Q

Quasi intentional torts, right of freedom from intrusion

A

Invasion of privacy

83
Q

Unintentional torts, commission, breach of duty

A

Misfeasance

84
Q

Unintentional torts, omission, failure of duty

A

Nonfeasance

85
Q

Inintentional torts, go beyond, injury, death

A

Malpractice/ Malfeasance

86
Q

Essential conditions for actionable negligence

A

Existence of duty
Failure to perform
Injury/ death

87
Q

The thing speaks for itself

A

Res ipsa loquitor

88
Q

Captain of the ship

A

Respondeat superior

89
Q

Act of God

A

Force Majeur

90
Q

Civil liability: physical, mental suffering, anxiety

A

Moral

91
Q

Civil liability: corrective

A

Exemplary

92
Q

Civil liability: vindication, recognition of legal right

A

Nominal

93
Q

Civil liability: pecuniary, can’t be proved

A

Temperate/ Moderate

94
Q

Civil liability: pecuniary with proof

A

Actual/ Compensatory

95
Q

Civil liability: agreement of contract

A

Liquidated

96
Q

Contract: action

A

Implied

97
Q

Contract: verbal, written, specified terms

A

Expressed

98
Q

Contract: not existing from the beginning

A

Void/ Inexistence

99
Q

Contract: fraud, undue influence, duress

A

Illegal/ unenforceable

100
Q

Contract: incapable to give consent

A

Voidavle/ annullable

101
Q

Failure without legal excuse to perform any promise

A

Breech of contract

102
Q

Will: left with property

A

Decedent

103
Q

Will: left with will

A

Testator

104
Q

Will: called to succession

A

Heir

105
Q

Will: hand written

A

Holographic

106
Q

Will: acknowledged before a notary public with at least 3 witnesses

A

Notarial

107
Q

Will received by nurses

A

Gifts mortis causa

108
Q

BON (7 members)

A

PNA 21
PRC 14
President 7

109
Q

Qualifications in BON (MC NGT)

A

Natural born citizen
Good standing PNA
10 yrs clinical exp, last 5 yrs in Ph
Masters (Sciences, Allied Nursing, Education)
Conviction

110
Q

Areas to be represented (CNN)

A

CHN
Nsg Education
Nsg Service

111
Q

Removal and suspension in BON (ICU)

A

Incompetence
Commission
Unprofessional

112
Q

Inactive nurse

A

5 consecutive years
1 month didactive
3 months practicuum
> 1 yr > 50,000
< 5 yrs < 100,000

113
Q

Place of birth

A

Jus soli

114
Q

Blood

A

Jus sanguinis