LAW Flashcards
1
Q
NURSING JURISPRUDENCE AKA?
A
LAW
2
Q
All the laws related to the nursing profession
A
NURSING JURISPRUDENCE
3
Q
-rules/conduct promulgated by competent authority
-has legal binding effect. (if you do not follow, there is punishment)
A
LAW
4
Q
Congress and Senate
A
LEGISLATIVE
5
Q
Enforcing the law
A
EXECUTIVE
6
Q
Legislative body of the Phil
A
Philippines
7
Q
Making of laws/body affecting the nursing
A
NURSING LEGISLATION
8
Q
(IGNORANCE OF THE LAW) was _____ - so that no one can say that they are ignorant from the law.
A
abreast/updated
9
Q
Classifications of laws:
A
- PUBLIC LAW
- PRIVATE LAW
10
Q
Defines the rel’t w/ 1 country to another country or Republic of the Phil.
A
PUBLIC LAW
11
Q
-CRIME AGAINST STATE
-POLITICAL LAW
A
CRIMINAL LAW
12
Q
rel’t of private-private or 2 private individuals.
A
PRIVATE LAW
13
Q
1 is to 1
A
civil law
14
Q
2 kinds of private law
A
-civil law
-commercial law
15
Q
Sources of law:
A
- Constitution
- Statues
- Executive issuances
- Administrative orders
- Judicial decisions
- Treaties & Conventions
16
Q
Fundamental/supreme law of the land; all laws must bow to ____
A
Constitution
17
Q
laws made by the congress/senate (ex. RA)
A
Statues
18
Q
Made by the president (ex. EO) (Mayor)
A
Executive issuances
19
Q
agencies of gov’t (ex. AO)
A
Administrative orders
20
Q
Decision of the supreme court of the Phil
A
Judicial decisions
21
Q
from other country (ex. WHO)
A
Treaties & Conventions
22
Q
Role/duty, standards of profession/care
A
RESPONSIBILITY
22
Q
outside ur workplace (like BON)
A
EXTERNAL
22
Q
3 NURSE AND LIABILITY
A
- RESPONSIBILITY
- ACCOUNTABILITY
- LIABILITY
23
inside ur workplace (EXPECT YOU TO DO)
INTERNAL
23
2 DUTIES:
1. "PHIL NURSING ACT OF 2002" (RA 9173)
2. NURSING CODE OF ETHICS
24
Ability of answering one's own action.
ACCOUNTABILITY
25
Penalty/sanction for the one who found guilty of violation.
LIABILITY
25
different kinds of liability:
1. Administrative liability (license)
2. Civil liability (damages)
3. Criminal liability (revised Penal Code/Special Laws)
25
-no fine
-need to revoke, decided by BON not court.
Administrative liability (license)
26
pagsabihan
reprimand
27
-temporary leave
-totally cannot use license
sanction
27
ex. RESTITUTION (bring back to its original state), REPARATION (talking about money)
Civil liability (damages)
27
tyoes of reparation:
1. ACTUAL DAMAGES
2. MORAL DAMAGES
3. TEMPERATE DAMAGES
4. EXEMPLARY DAMAGES
5. NOMINAL DAMAGES
28
Actual money spent by the victim.
ACTUAL DAMAGES
29
mental/thinking. usually 50,000 pesos; LIQUIDATED (contract) - 500,000 pesos
MORAL DAMAGES
29
has damage but cannot estimate, COURT decide amount.
TEMPERATE DAMAGES
30
punish by the court, to not repeat again, esp new cases
EXEMPLARY DAMAGES
31
no damage to recover, but the court will allow. LOWEST DAMAGES.
NOMINAL DAMAGES
32
Future loss of earning capacity (has formula)
iNDEMNIFICATION FOR CONSEQUENTIAL DAMAGES
33
-respondiat superior
-primary and direct or SUBSIDIARY
IMPUTED/VICARIOUS LIABILITY
34
mas mabigat na evidence
PREPONDERANCE OF EVIDENCE
35
You have to prove that the 1 who do the mistake is BANKRUPT
SUBSIDIARY
36
-Guilt beyond reasonable doubt.
-imprisonment/fine/both
Criminal liability (revised Penal Code/Special Laws)
37
-ACT (may ginawa)/OMISSION (walang ginawa), which is punishable by law.
-can be classifies as: DOLO & CULPA
CRIME
38
-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)
FELONY
39
-done
-not violation of revised penal code, SPECIAL LAW (ex. CHILD ABUSE)
OFFENSE
40
a branch of law that defines crimes, treats of their nature & provide their punishments.
CRIMINAL LAW
40
40 yrs
MURDER
40
20 yrs
HOMICIDE
40
can only be ATTEMTED/CONSUMATED, not ever frustrated!
RAPE
40
Stages of Execution:
*Consumated
*Frustrated
*Attempted
41
you do the act, and you are SUCCESSFUL
Consumated
41
you do the act, and you are NOT SUCCESSFUL
Frustrated
42
you caught before you act, hence you are NOT SUCCESSFUL
Attempted
43
STAGES OF PARTICIPATION:
1. PRINCIPAL
2. ACCOMPLICE
3. ACCESSORY
44
3 KINDS OF PRINCIPAL:
1. PRINCIPAL BY DIRECT PARTICIPATION
2. PRINCIPAL BY INDUCEMENT
3. INDISPENSABLE COOPERATION
44
ikaw mismo yung gumawa
PRINCIPAL BY DIRECT PARTICIPATION
45
inutusan mo yung iba to do the crime
PRINCIPAL BY INDUCEMENT
45
w/o ur hellp, crime will not happen. Hence, you're aware/conspiracy.
INDISPENSABLE COOPERATION
46
w/ or w/o ur help, an act can happen.
ACCOMPLICE
47
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)
ACCESSORY
47
CRIMES can only be committed by means of deceit. True/False
FALSE due to DOLO & CULPA
48
assist/conceal the principal to escape w/ hindi mabigat na kasalanan.
OBSTRUCTION OF JUSTICE
49
RAPE can be assault
COMMITTED BY MAN
50
RAPE is inserting an object to the penis/vagina/mouth
COMMITTED BY MAN/WOMAN
51
you did the crime, but NO CRIMINAL & CIVIL LIABILITY
JUSTIFYING CIRCUMSTANCE
52
Circumstances affecting/justifying crimes liability
1. JUSTIFYING CIRCUMSTANCE
2. EXEMPTING CIRCUMSTANCE
3. MITIGATING CIRCUMSTANCE
4. AGGRAVATING CIRCUMSTANCE
5. ALTERNATING CIRCUMSTANCE
53
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)
1. SELF DEFENSE
2. DEFENSE OF RELATIVE
3. STATE OF NECESSITY
54
There is a danger & you need to stop that danger.
STATE OF NECESSITY
55
THERE IS LIABILITY, BOT NO CRIMINAL
you are not going to prison, but you have to pay.
EXEMPTING CIRCUMSTANCE
56
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
MITIGATING CIRCUMSTANCE
57
*INCREASES THE PENALTY
*CHANGES THE NATURE OF THE CRIME (ex. HOMICIDE 20 yrs - MURDER 40 yrs)
AGGRAVATING CIRCUMSTANCE
57
can be MITIGATING/AGGRAVATING cicumstance.
-rel't, intoxication (lasing), degree of education
ALTERNATING CIRCUMSTANCE
57
not habitual alcoholic
MITIGATING CIRCUMSTANCE
58
everyday lasing, theft & you are educated.
AGGRAVATING CIRCUMSTANCE
58
ex. HOMICIDE - infanticide (killing the baby which are 3 day-old below), murder, assisting in suicide, intentional abortion, rape
Crimes Against Person
58
CRIMES A NURSE MAY COMMIT:
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
inserting penis (woman only- victim)
sexual intercourse
60
inserting object (both gender- victim)
sexual assault
61
serious illegal detention (keeping a person greater than 5 days) ex. amebiasis
Crimes Against Personal Liberty
