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4th Year > LAW > Flashcards

LAW Flashcards

1
Q

NURSING JURISPRUDENCE AKA?

A

LAW

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2
Q

All the laws related to the nursing profession

A

NURSING JURISPRUDENCE

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3
Q

-rules/conduct promulgated by competent authority
-has legal binding effect. (if you do not follow, there is punishment)

A

LAW

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4
Q

Congress and Senate

A

LEGISLATIVE

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5
Q

Enforcing the law

A

EXECUTIVE

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6
Q

Legislative body of the Phil

A

Philippines

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7
Q

Making of laws/body affecting the nursing

A

NURSING LEGISLATION

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8
Q

(IGNORANCE OF THE LAW) was _____ - so that no one can say that they are ignorant from the law.

A

abreast/updated

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9
Q

Classifications of laws:

A
  1. PUBLIC LAW
  2. PRIVATE LAW
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10
Q

Defines the rel’t w/ 1 country to another country or Republic of the Phil.

A

PUBLIC LAW

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11
Q

-CRIME AGAINST STATE
-POLITICAL LAW

A

CRIMINAL LAW

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12
Q

rel’t of private-private or 2 private individuals.

A

PRIVATE LAW

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13
Q

1 is to 1

A

civil law

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14
Q

2 kinds of private law

A

-civil law
-commercial law

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15
Q

Sources of law:

A
  1. Constitution
  2. Statues
  3. Executive issuances
  4. Administrative orders
  5. Judicial decisions
  6. Treaties & Conventions
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16
Q

Fundamental/supreme law of the land; all laws must bow to ____

A

Constitution

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17
Q

laws made by the congress/senate (ex. RA)

A

Statues

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18
Q

Made by the president (ex. EO) (Mayor)

A

Executive issuances

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19
Q

agencies of gov’t (ex. AO)

A

Administrative orders

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20
Q

Decision of the supreme court of the Phil

A

Judicial decisions

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21
Q

from other country (ex. WHO)

A

Treaties & Conventions

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22
Q

Role/duty, standards of profession/care

A

RESPONSIBILITY

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22
Q

outside ur workplace (like BON)

A

EXTERNAL

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22
Q

3 NURSE AND LIABILITY

A
  1. RESPONSIBILITY
  2. ACCOUNTABILITY
  3. LIABILITY
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23
Q

inside ur workplace (EXPECT YOU TO DO)

A

INTERNAL

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23
Q

2 DUTIES:

A
  1. “PHIL NURSING ACT OF 2002” (RA 9173)
  2. NURSING CODE OF ETHICS
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24
Q

Ability of answering one’s own action.

A

ACCOUNTABILITY

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25
Q

Penalty/sanction for the one who found guilty of violation.

A

LIABILITY

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25
Q

different kinds of liability:

A
  1. Administrative liability (license)
  2. Civil liability (damages)
  3. Criminal liability (revised Penal Code/Special Laws)
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25
Q

-no fine
-need to revoke, decided by BON not court.

A

Administrative liability (license)

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26
Q

pagsabihan

A

reprimand

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27
Q

-temporary leave
-totally cannot use license

A

sanction

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27
Q

ex. RESTITUTION (bring back to its original state), REPARATION (talking about money)

A

Civil liability (damages)

27
Q

tyoes of reparation:

A
  1. ACTUAL DAMAGES
  2. MORAL DAMAGES
  3. TEMPERATE DAMAGES
  4. EXEMPLARY DAMAGES
  5. NOMINAL DAMAGES
28
Q

Actual money spent by the victim.

A

ACTUAL DAMAGES

29
Q

mental/thinking. usually 50,000 pesos; LIQUIDATED (contract) - 500,000 pesos

A

MORAL DAMAGES

29
Q

has damage but cannot estimate, COURT decide amount.

A

TEMPERATE DAMAGES

30
Q

punish by the court, to not repeat again, esp new cases

A

EXEMPLARY DAMAGES

31
Q

no damage to recover, but the court will allow. LOWEST DAMAGES.

A

NOMINAL DAMAGES

32
Q

Future loss of earning capacity (has formula)

A

iNDEMNIFICATION FOR CONSEQUENTIAL DAMAGES

33
Q

-respondiat superior
-primary and direct or SUBSIDIARY

A

IMPUTED/VICARIOUS LIABILITY

34
Q

mas mabigat na evidence

A

PREPONDERANCE OF EVIDENCE

35
Q

You have to prove that the 1 who do the mistake is BANKRUPT

A

SUBSIDIARY

36
Q

-Guilt beyond reasonable doubt.
-imprisonment/fine/both

A

Criminal liability (revised Penal Code/Special Laws)

37
Q

-ACT (may ginawa)/OMISSION (walang ginawa), which is punishable by law.
-can be classifies as: DOLO & CULPA

A

CRIME

38
Q

-a deceit (DOLO-sinadya, which is 20 yrs) & mistake (CULPA-hindi sinadya, which is 6 yrs of imprisonment, RECKLESS)
-a violation of REVISED PENAL CODE (ex. Abortion, bigamy, murder)

A

FELONY

39
Q

-done
-not violation of revised penal code, SPECIAL LAW (ex. CHILD ABUSE)

A

OFFENSE

40
Q

a branch of law that defines crimes, treats of their nature & provide their punishments.

A

CRIMINAL LAW

40
Q

40 yrs

A

MURDER

40
Q

20 yrs

A

HOMICIDE

40
Q

can only be ATTEMTED/CONSUMATED, not ever frustrated!

A

RAPE

40
Q

Stages of Execution:

A

*Consumated
*Frustrated
*Attempted

41
Q

you do the act, and you are SUCCESSFUL

A

Consumated

41
Q

you do the act, and you are NOT SUCCESSFUL

A

Frustrated

42
Q

you caught before you act, hence you are NOT SUCCESSFUL

A

Attempted

43
Q

STAGES OF PARTICIPATION:

A
  1. PRINCIPAL
  2. ACCOMPLICE
  3. ACCESSORY
44
Q

3 KINDS OF PRINCIPAL:

A
  1. PRINCIPAL BY DIRECT PARTICIPATION
  2. PRINCIPAL BY INDUCEMENT
  3. INDISPENSABLE COOPERATION
44
Q

ikaw mismo yung gumawa

A

PRINCIPAL BY DIRECT PARTICIPATION

45
Q

inutusan mo yung iba to do the crime

A

PRINCIPAL BY INDUCEMENT

45
Q

w/o ur hellp, crime will not happen. Hence, you’re aware/conspiracy.

A

INDISPENSABLE COOPERATION

46
Q

w/ or w/o ur help, an act can happen.

A

ACCOMPLICE

47
Q
  1. Profitting from the effects of crime.
  2. Concealing/destroying the evidence.
  3. Assisting/concealing the principal to escape. (TREASON, PARRICIDE, killing the family member)
A

ACCESSORY

47
Q

CRIMES can only be committed by means of deceit. True/False

A

FALSE due to DOLO & CULPA

48
Q

assist/conceal the principal to escape w/ hindi mabigat na kasalanan.

A

OBSTRUCTION OF JUSTICE

49
Q

RAPE can be assault

A

COMMITTED BY MAN

50
Q

RAPE is inserting an object to the penis/vagina/mouth

A

COMMITTED BY MAN/WOMAN

51
Q

you did the crime, but NO CRIMINAL & CIVIL LIABILITY

A

JUSTIFYING CIRCUMSTANCE

52
Q

Circumstances affecting/justifying crimes liability

A
  1. JUSTIFYING CIRCUMSTANCE
  2. EXEMPTING CIRCUMSTANCE
  3. MITIGATING CIRCUMSTANCE
  4. AGGRAVATING CIRCUMSTANCE
  5. ALTERNATING CIRCUMSTANCE
53
Q
  1. Unlawful aggression- means there is an actual threat to life
  2. Reasonable means to prevent it (yung ginawa is naaayon sa threat)
  3. Lack of provocation (you’re not the reason why the person is acting like that)
A
  1. SELF DEFENSE
  2. DEFENSE OF RELATIVE
  3. STATE OF NECESSITY
54
Q

There is a danger & you need to stop that danger.

A

STATE OF NECESSITY

55
Q

THERE IS LIABILITY, BOT NO CRIMINAL
you are not going to prison, but you have to pay.

A

EXEMPTING CIRCUMSTANCE

56
Q

IT LOWERS THE PENALTY (ex. homicide- 20 yrs to 15 yrs)
-under 18/over 20
-no intention to commit so grave wrong
-sufficient provocation/threat on the part
-voluntary surrender

A

MITIGATING CIRCUMSTANCE

57
Q

*INCREASES THE PENALTY
*CHANGES THE NATURE OF THE CRIME (ex. HOMICIDE 20 yrs - MURDER 40 yrs)

A

AGGRAVATING CIRCUMSTANCE

57
Q

can be MITIGATING/AGGRAVATING cicumstance.
-rel’t, intoxication (lasing), degree of education

A

ALTERNATING CIRCUMSTANCE

57
Q

not habitual alcoholic

A

MITIGATING CIRCUMSTANCE

58
Q

everyday lasing, theft & you are educated.

A

AGGRAVATING CIRCUMSTANCE

58
Q

ex. HOMICIDE - infanticide (killing the baby which are 3 day-old below), murder, assisting in suicide, intentional abortion, rape

A

Crimes Against Person

58
Q

CRIMES A NURSE MAY COMMIT:

A
  1. Crimes Against Person
  2. Crimes Against Personal Liberty
  3. Crimes Against Property
  4. Crimes Against Charity
  5. Crimes Against Civil Status of a Person
  6. Crimes Against Honor
  7. Criminal Negligence
59
Q

inserting penis (woman only- victim)

A

sexual intercourse

60
Q

inserting object (both gender- victim)

A

sexual assault

61
Q

serious illegal detention (keeping a person greater than 5 days) ex. amebiasis

A

Crimes Against Personal Liberty

4th Year (9 decks)

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