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