lec 1 - dent jurisprudence and ethics Flashcards
A rule made by a government that states how people may and may not behave in society and in business, and that often orders particular punishments if they do not obey, or a system of such rules.
Law
Essentially an entitlement or a justified claim. It donates what we are entitled to as a citizens, as individuals and as human beings. It is something that we consider to be due to us; something that the rest of society must recognize as being a legitimate claim that must be upheld.
Rights
This means “the study, knowledge, or science of law.” In the US, it commonly means the philosophy of law.
Jurisprudence
“Jurisprudence” is derived from the Latin word ________?
Juris prudential
In all aspects of practice of a profession, specific provisions of law govern directly or indirectly to attain a normal and orderly procedure in the exercise thereof, such as:
- The examination and registration of applicants for the practice of a profession,
- The professional conduct of the registered practitioners,
- The maintenance of ethical and technical standards of the profession,
- The illegal practice of unregistered persons, and
- The exercise of the powers and duties of the respective Board created to examine applicants and administer the law regulating such profession.
Public policy and necessity demand that practitioners should know and observe the law in general and the special statutes affecting their respective professions in particular, to minimize violations and contribute to the to the orderly progress and general welfare of society.
Place of law in any profession
Refers to the general purpose of the law that protects the public interest.
Example: No Smoking
Public Policy
Denotes a situation demanding prompt action or attention, or it denotes any form of compulsion, such as moral, legal, physical, or logical compulsion, that causes a person to do something against his will.
Necessity
Refers to a law enacted by legislative body limited or applicable to a particular group or class such as one kind of a profession.
Example: Dental Law of 1965 & Nursing Law of 1991
Special Law or Statues
Refers to a law applying to all or shared by all the members of a group or class, or belonging to or prevailing among the people.
Example: Civil Law & Commercial Law
General Law
Law is that which is emanating from God who is the Author
Example: The Ten Commandments
Divine Law
A man-made law which is promulgated either by Congress/Parliament or by decree.
Human or Positive Law
Concerned with the affairs of the state in its political or sovereign capacity.
Public Law
Relates to the private affairs of the citizens/individuals.
Private Law
Defines crimes, treats of its nature and provides for their punishment/penalty.
Example: The Revised Penal Code of the Philippines.
Criminal Law
Regulates the relations of states/nations and of other entities which have been granted an international personality.
International Law
Controls the conduct of independent sovereign states in their relations with each other.
Example: Law of Exterritoriality, Law of the Sea, & Treaties executive agreements.
Public International Law
A “part of the municipal law of a state which directs its courts and administrative agencies, when confronted with a legal problem involving a foreign element, whether or not they should apply a foreign law.”
Private International Law (Conflict of Laws)
Regulates the relations of states/nations and of other entities which have been granted an international personality.
Example: A Filipino dentist in New York marries an American, or such marriage takes place here in the Philippines.
International Law
Treats of the science of government, defines the organization and operation of the different organs of the State, and regulate the relation between the State and its citizenry.
Political Law
Treats of Constitution, its establishment, construction and interpretation.
Example: The 1987 Philippine Constitution.
Constitutional Law
Fixes the organization and determines the competence of the authorities who execute the law, and indicates to the individuals, the remedies for the violation of their rights.
Example: The Civil Service Law
Administrative Law
A branch of political law which deals with the organization and management of the different branches of the government.
Law of Public Administration
A branch of political law which deals with the organization and management of the different branches of the government.
Law of Public Administration
Branch of political law that deals with public corporations.
Example: The Civil Service Law, Autonomous Region, Provincial Government, City Government, & Municipal/Barangay Government
Law of Public Corporation
A ______________ is that which is created for public or governmental purposes, having for its object, the administration of a portion of the powers of government, delegated to it for that purpose.
Public corporation
Deals with rules or provisions affecting persons, property, succession, contracts and their various ramifications, all designed to regulate the private relations among members of a community or society.
Example: Law of Marriage, Law of Obligations and Contracts
Civil Law
Regulates the juridical relations arising from commercial acts.
Example: Negotiable Instruments Law, Insurance Law, Transportation Law
Commercial Law
Deals with the welfare of workers and employees and regulates their relations with their employers.
Example: Labor Code of the Philippines
Labor Law
Prescribes means or methods of enforcing rights or of obtaining redress for injury.
Example: Rules of the Court
Remedial Law
They are those which the State confers upon a person and which he can enforce through legal means against those persons of the community who are bound to respect them.
Legal Rights
What are the two kinds of Legal Rights?
- Rights in Rem
- Rights in Personam
They are those rights which the possessor holds as against the whole world/community, and which involves a corresponding duty on the part of the whole community to refrain from disturbing. They are the rights to life, liberty and property.
For Example: the right to practice dentistry of a duly licensed and registered dentist.
Rights in Rem
They are those rights which the possessor may enforce against particular individuals only, and which corresponds to duties on the part of such individual to act or forebear in regard to the subject of the right.
For example: the right to demand payment of professional fees, or the right to demand performance of a promise.
Rights in Personam
What are the 5 rights of patients?
- right to give consent or refuse to diagnostic and treatment procedures
- right of privacy
- right to choose their dentist
- right to enjoy privileged communication
- right to disclosure of information
What are the 5 rights of dentists?
- right to practice dentistry
- right to demand dental fees
- right to choose patient
- right to limit the practice of his profession, right to avail of clinic services
- the right incidental in the privilege to practice dentistry.
Jurisprudence embraces? (4)
- all laws enacted by the legislative body
- all regulations promulgated by those in authority
- court decisions
- formal principles upon which laws are based
Dental jurisprudence deals with? (3)
- all laws, rules and regulations
- legal principles and doctrines governing and regulating the practice of dentistry
- legal opinions and decisions of competent authority in cases involving dental practice.
What are the sources of dental jurisprudence in the Philippines?
The Constitution of the Republic of the Philippines, particularly the Bill of Rights
Republic Act No. 4419 otherwise known as the Philippine Dental Act of 1965
Rules and regulations promulgated by the Board of Dentistry and/or Professional Regulation Commission pertaining to dental practice
Decisions of the Board of Dentistry and/or Professional
Regulation Commission on dental cases
Decisions of the Supreme Court on matters relevant to dentistry,
Opinions of the Secretary of Justice in like cases,
The Revised Penal Code
The New Civil Code of the Philippines
The Revised Rules of Court,
The National Internal Revenue Code as amended,
Acts of the legislative body amending any of the above-mentioned Codes
Decisions of other administrative bodies that may have a bearing on the dental profession
The Local Government Code of 1991
