lec 1 - dent jurisprudence and ethics

Question 1

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.

Answer 1

Law

Question 2

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.

Answer 2

Rights

Question 3

This means “the study, knowledge, or science of law.” In the US, it commonly means the philosophy of law.

Answer 3

Jurisprudence

Question 4

“Jurisprudence” is derived from the Latin word ________?

Answer 4

Juris prudential

Question 5

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.

Answer 5

Place of law in any profession

Question 6

Refers to the general purpose of the law that protects the public interest.

Example: No Smoking

Answer 6

Public Policy

Question 7

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.

Answer 7

Necessity

Question 8

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

Answer 8

Special Law or Statues

Question 9

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

Answer 9

General Law

Question 10

Law is that which is emanating from God who is the Author

Example: The Ten Commandments

Answer 10

Divine Law

Question 11

A man-made law which is promulgated either by Congress/Parliament or by decree.

Answer 11

Human or Positive Law

Question 12

Concerned with the affairs of the state in its political or sovereign capacity.

Answer 12

Public Law

Question 13

Relates to the private affairs of the citizens/individuals.

Answer 13

Private Law

Question 14

Defines crimes, treats of its nature and provides for their punishment/penalty.

Example: The Revised Penal Code of the Philippines.

Answer 14

Criminal Law

Question 15

Regulates the relations of states/nations and of other entities which have been granted an international personality.

Answer 15

International Law

Question 16

Controls the conduct of independent sovereign states in their relations with each other.

Example: Law of Exterritoriality, Law of the Sea, & Treaties executive agreements.

Answer 16

Public International Law

Question 17

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.”

Answer 17

Private International Law (Conflict of Laws)

Question 18

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.

Answer 18

International Law

Question 19

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.

Answer 19

Political Law

Question 20

Treats of Constitution, its establishment, construction and interpretation.

Example: The 1987 Philippine Constitution.

Answer 20

Constitutional Law

Question 21

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

Answer 21

Administrative Law

Question 22

A branch of political law which deals with the organization and management of the different branches of the government.

Answer 22

Law of Public Administration

Question 23

A branch of political law which deals with the organization and management of the different branches of the government.

Answer 23

Law of Public Administration

Question 24

Branch of political law that deals with public corporations.

Example: The Civil Service Law, Autonomous Region, Provincial Government, City Government, & Municipal/Barangay Government

Answer 24

Law of Public Corporation

Question 25

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.

Answer 25

Public corporation

Question 26

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

Answer 26

Civil Law

Question 27

Regulates the juridical relations arising from commercial acts. Example: Negotiable Instruments Law, Insurance Law, Transportation Law

Answer 27

Commercial Law

Question 28

Deals with the welfare of workers and employees and regulates their relations with their employers. Example: Labor Code of the Philippines

Answer 28

Labor Law

Question 29

Prescribes means or methods of enforcing rights or of obtaining redress for injury. Example: Rules of the Court

Answer 29

Remedial Law

Question 30

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.

Answer 30

Legal Rights

Question 31

What are the two kinds of Legal Rights?

Answer 31

* Rights in Rem * Rights in Personam

Question 32

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.

Answer 32

Rights in Rem

Question 33

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.

Answer 33

Rights in Personam

Question 34

What are the 5 rights of patients?

Answer 34

* 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

Question 35

What are the 5 rights of dentists?

Answer 35

* 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.

Question 36

Jurisprudence embraces? (4)

Answer 36

- all laws enacted by the legislative body - all regulations promulgated by those in authority - court decisions - formal principles upon which laws are based

Question 37

Dental jurisprudence deals with? (3)

Answer 37

- 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.

Question 38

What are the sources of dental jurisprudence in the Philippines?

Answer 38

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