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Legal Medicine > Legal Medicine > Flashcards

Legal Medicine Flashcards

1
Q

Medicine applied to Law and Justice.

A

Legal Medicine

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2
Q

Burden of proof is carried by ?

A

The prosecution has the burden of proof.

In case of the plaintiff claiming self - defense in homicide, the respondent will rely on the weakness of the persecution’s evidence.

If the prosecution has strong enough evidence to dismiss the claim of self-defense , then it will not work as a defense.

Remember, “Innocent until proven guilty.”

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3
Q

Controversial healthcare circumstances where doctors do not disclose information to a patient.

A

Therapeutic privilege, Therapeutically using placebo.

Withholding information from research subjects is not controversial because there is informed consent in research.

Therapeutic privilege withholding of relevant health information from the patient if non-disclosure is believed to be in the best interests of the patient.

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4
Q

If the patient is a minor and both parents are dead, consent must be obtained from?

A
  1. Paternal Grandparents
  2. Maternal grandparents
  3. Eldest brother or Sister
    ( Provided he is or she is of age)
  4. Guardians
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5
Q

As an ______, the doctor is only allowed to testify as to what is perceived by his senses. He needed not to be skilled on the field he is testifying.

A

Ordinary witness

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6
Q

As an _______, the physician is allowed to give his conclusion or inference regarding the facts presented to him.

A

Expert Witness

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7
Q

In court, allowed to state the facts which come to his **own perception **

A

Ordinary Witness

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8
Q

Questions in court a physician is expected to answer as an expert witness in case involving guns.

A
  1. Is the gunshot wound fatal
  2. Are you familiar with ballistics
  3. Can you tell the direction of the gunshot fired

Expert witnesses are expected to answer these questions , however , only those answers and opinions that are based on their expertise are admissible as evidence.

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9
Q

In a case of suffered leak of the common bile duct post-op from a laparoscopic cholecystectomy, the complainant needs to establish the standard of care through the testimony of which specialist?

A

Laparoscopic surgeon

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10
Q

Components of Expert’s report

A
  1. Reference to any literature relied on to support the option
  2. The experts qualification
  3. Material facts and assumptions from which the report is based.
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11
Q

In a case of suffered leak of the common bile duct post-op from a laparoscopic cholecystectomy.

Requisite for the admissibility of expert testimony for the case above.

A
  1. Laparoscopic surgeon
  2. Expert witness must be a similarly trained and experienced physician
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12
Q

A physician called by the government to act as an expert witness or amicus curae.

A

Duty to the community in the administration office

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13
Q

In court, allowed to give his inference , deduction, conclusion, or opinion from the facts presented to him.

A

Expert Witness

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14
Q

Communication which is not actionable even if its author acted in bad faith.

A

Absolute Privileged Communication

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15
Q

Conditions which would not be actionable **unless made with malice or bad faith. **

A

Conditional or Qualified Privileged Communication

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16
Q

Corroborative evidence are?

A

Conditions of facts and information that backs up someone’s story.

Eg. Suspect was seen running away from the crime scene

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17
Q

Mere repetition of what one has heard others say.

A

Hearsay Evidence

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18
Q

Made by a person at the point of death, and is conscious of his approaching dissolution, in reference to manner in which he receives the injuries of which he is dying.

A

Dying declaration

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19
Q

Contempt of court committed in the **presence of or so near the judge ** as to obstruct him in the administration of justice.

A

Direct Contempt

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20
Q

Contempt of court which consists of willful disobedience of the lawful process or order of the court. This type of contempt is committed outside the court.

A

Indirect Contempt

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21
Q

Evidence perceived by the senses.

A

Autoptic or Real Evidence

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22
Q

Physical evidence that proves the crime existed.

A

Corpus Delicti

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23
Q

Physical evidence that links the suspect to the crime.

A

Associative Evidence

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24
Q

Physical evidence that may assist the investigators in **locating **the suspect.

A

Tracing Evidence

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25
Q

Dementia of the adolescence and characterized by loss of memory.

A

Dementia Praecox (Schizophrenia)

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26
Q

Degeneration of physical intellectual and moral power leading to paralysis.

A

Dementia Paralytica ( General Paralysis of the Insane)

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27
Q

False interpretation of an External Stimulus.

A

Illusion

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28
Q

An erroneous perception **without an external object of stimulus **.

A

Hallucination

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29
Q

Sexual pleasure is attained by watching couples undress or during sexual activity.

A

Mixoscopia ( Scotophilia)

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30
Q

Promiscuity and making seduction of many women a part of his career.

A

Don Juanism

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31
Q

Fear of men

A

Androphobia

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32
Q

Fear of tree

A

Dendrophobia

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33
Q

Fear of sharp object

A

Belonephobia

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34
Q

Fear of going to bed

A

Clinophobia

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35
Q

Fear of river

A

Potamophobia

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36
Q

Fear of being trapped in a crowded place or an enclosed public area without a graceful way out.

A

Agoraphobia

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37
Q

Condition of a female who has not experienced sexual intercourse and whose genital organs have not been altered by carnal connection.

A

Virginity

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38
Q

Type of virginity where in the female is in state of not knowing the nature of sexual life and has ** no experience ** in sexual relation.

A

Moral virginity

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39
Q

Type of virginity wherein a women permits any form of sexual liberties except rupturing the hymen bu sexual act.

A

Demi-virginity

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40
Q

A truly viegin women / virtuous woman.

A

Virgo intacta

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41
Q

Hymenal laceration which goes beyond the vaginal canal.

A

Compound / Complicated

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42
Q

Hymenal laceration which reaching beyond the base.

A

Complete

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43
Q

Hymenal laceration affecting more than half of the width of the hymen but not reaching the base.

A

Deep laceration

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44
Q

Duration of healed hymenal laceration with sharp coaptible borders without congestion.

A

10 days to 2-3weeks

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45
Q

Duration of healed hymenal laceration.
Fresh bleeding

A

Recent

46
Q

Duration of healed hymenal laceration:
Fresh healing with fibrin formation and congestion.

A

> 24hrs

47
Q

Duration of healed hymenal laceration:
Healed with congested edges & sharp coaptible borders.

A

4-10 days

48
Q

Duration of healed hymenal laceration:
Healed with sharp coaptible borders without congestion

A

10 days , 2-3 weeks

49
Q

Duration of healed hymenal laceration:
Healed with rounded non-coaptible borders and retraction of the edges.

A

> 30 days

50
Q

Hymenal laceration which does not go beyond half the width of the hymen.

A

Superficial laceration

51
Q

A 10 yo girl is in a relationship with a 22yo man and the two had sexual relations. Can the guy be liable for rape?

A

Yes. The woman is under 12yo ( Statutory Rape)

52
Q

This microchemical examination is specific for **spermatic fluid **.

A

Berberio Test

53
Q

A **conclusive ** microchemical examination for spermatic fluid.

A

Acid phosphatase test

54
Q

This test determines whether the semen is of human origin or not.

A

Precipitin Test/ Biological Test of Farnum

55
Q

Can a woman commit the crime rape on a man?

A

Yes

56
Q

Can the husband commit the crime of rape on his wife?

A

Yes

57
Q

This states that individuals living in close domestic proximity at an early age (0-6yo ) becomes desensitized to sexual attraction.

A

Westermarck Effect

58
Q

Type of prostitute who receives phone calls from selected group of customers.

A

Call girl

59
Q

A new comer in the field of prostitution who frequents small hotels and furnished rooms or roams in the halls of these places.

A

Door knocker

60
Q

A type of prostitute who works in a regular house of prostitution.

A

Factory girl

61
Q

A person who promotes or facilitates prostitution of those less than 18 yo maybe subjected to this provision of the revised penal code.

A

Corruption of minors

62
Q

Any person who shall engage in the business or shall profit by the prostitution may be subjected to this provision of the revised penal code.

A

White Slave Trade

63
Q

Sexual desire towards the same sex.

A

Homosexuality

64
Q

A person who is conscious of their homosexual cravings and does not disguise his intention.

A

Overt homosexual

65
Q

Also known as lesbianism

A

Tribadism

66
Q

A person who may or may not be aware of his/ her homosexual tendency.

A

Latent homosexual

67
Q

Sexual desire towards immature / younger person.

A

Infantosexual

68
Q

A person who has sexual desires towards animals?

A

Betosexual

69
Q

Sexual gratification attained by having sex with animals?

A

Bestiality/ Zoophilia

70
Q

Self gratification or masturbation

A

Autosexual

71
Q

Sexual desire towards elderly.

A

Gerontophilia

72
Q

Ted bundy suffers from this condition where he kidnapped , killed his victims then he had sex with the dead body.

A

Necrophilia

73
Q

Erotic desire or sexual intercourse with a corpse

A

Necrophilia

74
Q

Sexual abnormality characterized by erotic desire or actual intercourse with a corpse

A

Necrophilia

75
Q

Sexual relations between those with blood relationships who cannot legally marry.

A

Incest

76
Q

This is known as the excessive desire of men to intercourse

A

Satyriasis

77
Q

This is known as the strong feeling of women to intercourse.

A

Nymphomania

78
Q

Absence of sexual desire or arousal during sexual act in women

A

Sexual anesthesia

79
Q

Painful sexual act in women

A

Dyspareunia

80
Q

Painful spasms in the vagina

A

Vaginismus

81
Q

Licking or sucking of external genitalia

A

Cunningulus

82
Q

Types or oralism wherein the female receives the penis of the man into her mouth

A

Fellatio/ Irrumation

83
Q

Type of oralism wherein a person derives excitement by licking the anus of another person

A

Anilism/ Anilingus

84
Q

This type of sexual abnormality as to expression includes painful or cruel act as a factor for gratification.

A

Sadomasochism / Algolagnia

85
Q

Sexual gratification with foul or pleasant odor.

A

Ospresiophilia

86
Q

Sexual excitement with the sight of a female urinating.

A

Urolagnia

87
Q

Sexual abnormality characterized by the need to use obscene language.

A

Coprolalia

88
Q

Sexual excitement with the sight of female defecating

A

Coprolagnia

89
Q

Sexual excitement to filth or excretion.

A

Mysophilia

90
Q

Sexual desire to statues

A

Pygmalionism

91
Q

Sexual desires with mannikins

A

Mannikinism

92
Q

Sexual pleasure from setting fire

A

Incediarism

93
Q

Sexual abnormality wherein the person has special affinity to certain part of the body.

A

Partialism

94
Q

Androgen insensitivity syndrome and Sexual Reversal

A
  1. Genotypically male with XY chromosomes.
  2. Phenotypically female with breast development, labia, clitoris, and short vagina but without uterus and fallopian tubes.
95
Q

Sexual reversals (2)

A

Transsexualism
- strong compulsion to identify with the opposite gender and to discard current anatomical sexual organ.

Transvestism
Dressing in a manner traditionally associated with the opposite sex

96
Q

Desire to rub sex organ against some part of the body of another.

A

Frottage

97
Q

Sexual gratification through fingering, fondling of breasts , and licking parts of the body.

A

Uranism

98
Q

Sexual act through the anus of another

A

Sodomy

99
Q

Sexual abnormality characterized by compulsion to peed to see a person undress or perform personal activities.

A

Voyeurism

100
Q

Sexual pleasure attained by watching a couple undress or perform sexual activity.

A

Mixoscopia / Scotophilia

101
Q

Sexual pleasure attained by watching his wife perform sexual intercourse with another man

A

Troilism

102
Q

Sexual gratification attained from willful exposure of ones genitals to the public.

A

Exhibitionism / Indecent exposure

103
Q

This is a genetic defect wherein an individual shows characteristics of both sexes.

A

Intersexuality

104
Q

Signs of sexual abuse in children.

A

Genital bleeding

105
Q

Who are guilty of Adultery (3)

A
  1. Have sexual intercourse with man not her husband
  2. Bu the man whos carnal knowledge of her knowing her to be married
  3. Even if the marriage be subsequently declared void.

** men cannot commit adultery**

106
Q

Elements of Adultery

A
  1. The woman is married
  2. She has intercourse with a man not her husband
  3. The man whom she had sexual intercourse knows her to be married
107
Q

Elements of Acts of
Lasciviousness (3)

A

Acts that tend to excite lust done in any of these circumstances:
1. Using force / intimidation
2. Victim is deprived of reason
3. Victim is under 12yo

The elements of acts of lasciviousness are similar to rape, except there is no sexual intercourse or carnal knowledge.

108
Q

Elements of Rape (4)

A

Having carnal knowledge of a woman:
1. Through force, threat, intimidation
2. When the offended party is deprived of reason otherwise unconscious
3. By fraudulent machination or grave abuse of authority
4. When the offended party is under 12 yo even if the prior circumstances are absent

This is based on the Anti-Rape Law 1997. Rape is when the offended party is deprived of reason, not the offending.

109
Q

Who are guilty of concubinage?

A

Any husband who shall
1. Keep a mistress in the conjugal dwelling, or
2. Shall have sexual intercourse under scandalous circumstances, with a woman who is not his wife, or
3. Shall cohabit with her in any other place

The woman who should not be a wife . If the husband is married to both women, then it is not concubinage.

110
Q

Where to file a temporary protection order?

A

Regional Trial Court

Legal Medicine (3 decks)

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