Jurisprudence Flashcards
All legal rules and principles affecting practice of nursing
Jurisprudence
Rule of civil conduct commanding right and prohibiting wrong
Law
Proceeding in court for a purpose (cases)
Lawsuit
Enforce right
Civil case
Redress wrong
Criminal case
Supreme law, creates legal responsibilities and rights, foundation of system of justice
Constitutional
President
Executive
Congress
Legislative
Supreme Court
Judicial
Statutory, enacted by any legislative body, creates law
Legislation
Creates rules and regulations to enforce statutory law
Administrative
Previous case, Somera case 1983
Common/ Case
Felony and Misdemeanor
Public law: Criminal case
Tort and Contract Laws
Private law: Civil case
Punished by law
Felony
Special law
Offense
Ordinance
Infraction
Criminal case parties
Plaintiff and accused
Torts: battery, assault, false imprisonment)
Intentional
Torts: Invasion of privacy, defamation of character, slander, libel)
Quasi intentional
Torts: negligence and malpractice
Unintentional
Civil cases parties
Complainant and defendant
Criminal case evidence
Proof beyond reasonable doubt
Civil case evidence
Convincing (preponderance)
Administrative case parties
Complainant and respondent
Administrative case evidence
Substantial (adequate)
Statute of limitations
2-3 years
20 years (killing)
Miranda rights (fundamental requirement)
Right to be informed
Right to remain silent
Right to competent counsel
No use of threat/ violence
Bawal maulit ang kaso unless may newly found evidence
Principle of double jeopardy
Warantless arrest
In flagrante de licto
Warrant
Arrest/ warrant
Subpoena person to testify
Ad testificandum
Subpoena documents
Duces tecum
Answers a complaint
Summons
Rumors, not admissable
Hearsay evidence
Hearsay unless the dying person is the victime
Dying declaration/ ante morten statement
Willful telling of a under oath
Perjury
Legal term for crimes
Felony
Intentional felony
Deceit (dolo)
Unintentional felony
Fault (culpa)
Principal: doer
Direct participation
Principal: directly force, indice others, mastermind
Inducement
Principal: indispensable
Cooperation
Cooperates, no need present, accessory before crime
Accomplice
Accessory after the act
Accessory
/ elements / results
Consumated
/ elements x results
Frustrated
x elements x results
Attempted
(-) imprisonment and payment of damage
Justifying
(-) imprisonment (+) payment of damage
Exempting
(+) imprisonment and payment of damage dec
Mitigating
(-) imprisonment and payment of damage inc
Aggravating
Do not give the chance to have self defense
Treachery
Mercy killing
Euthanasia
Mercy Killing: active taking of steps
Active/ direct
Mercy killing: omit
Passive/ indirect
Mercy Killing: voluntary
Patients consent
Mercy Killing: not the patients decision
Involuntary
Killing: father, mother, children, grandparents, grandchildren, spouse
Parricide
Killing others
Homicide
Killing with aggravating factors
Murder
Killing <3 days
Infanticide
Not punishable but guving assistance is
Suicide
Touching
Acts of lasciviousness
cause annoyance, irritation, or torment to another
Unjust vexation
physical injury >30 days
Serious
Physical injury <30 days
Less serious
Physical injury 9 days and below
Slight
Without spouse consent
Marital rape
Under the age of consent
Statutory rape
With force, violence, intimidation
Robbery
Without force, violence, intimidation
Theft
Pretends to give birth, substitution, putting wrong info
Simulation of birth
Intentional torts, threats
Assault
Intentional torts, unconsented touching
Battery
Intentional torts, confined, restraint
False imprisonment
Intentional torts, discharge
Illegal detention
Quasi intentional torts, false statement
Defamation
Defamatory statement
Libel
Oral defamation
Slander
Quasi intentional torts, sharing information
Breach of confidentiality
Quasi intentional torts, right of freedom from intrusion
Invasion of privacy
Unintentional torts, commission, breach of duty
Misfeasance
Unintentional torts, omission, failure of duty
Nonfeasance
Inintentional torts, go beyond, injury, death
Malpractice/ Malfeasance
Essential conditions for actionable negligence
Existence of duty
Failure to perform
Injury/ death
The thing speaks for itself
Res ipsa loquitor
Captain of the ship
Respondeat superior
Act of God
Force Majeur
Civil liability: physical, mental suffering, anxiety
Moral
Civil liability: corrective
Exemplary
Civil liability: vindication, recognition of legal right
Nominal
Civil liability: pecuniary, can’t be proved
Temperate/ Moderate
Civil liability: pecuniary with proof
Actual/ Compensatory
Civil liability: agreement of contract
Liquidated
Contract: action
Implied
Contract: verbal, written, specified terms
Expressed
Contract: not existing from the beginning
Void/ Inexistence
Contract: fraud, undue influence, duress
Illegal/ unenforceable
Contract: incapable to give consent
Voidavle/ annullable
Failure without legal excuse to perform any promise
Breech of contract
Will: left with property
Decedent
Will: left with will
Testator
Will: called to succession
Heir
Will: hand written
Holographic
Will: acknowledged before a notary public with at least 3 witnesses
Notarial
Will received by nurses
Gifts mortis causa
BON (7 members)
PNA 21
PRC 14
President 7
Qualifications in BON (MC NGT)
Natural born citizen
Good standing PNA
10 yrs clinical exp, last 5 yrs in Ph
Masters (Sciences, Allied Nursing, Education)
Conviction
Areas to be represented (CNN)
CHN
Nsg Education
Nsg Service
Removal and suspension in BON (ICU)
Incompetence
Commission
Unprofessional
Inactive nurse
5 consecutive years
1 month didactive
3 months practicuum
> 1 yr > 50,000
< 5 yrs < 100,000
Place of birth
Jus soli
Blood
Jus sanguinis
