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JURISD1 > Midterm Exam Reviewer > Flashcards

Midterm Exam Reviewer Flashcards

1
Q

The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding, the truth respecting a matter of fact

A

Evidence

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2
Q
  • Tends to establish a fact by proving another fact; not considered conclusive itself, but can be connected to a matter of fact
  • No solid proof regarding a fact, but another fact is true but is not directly connected to a matter

Example: hearsay, rumors, testimony

A

Circumstantial Evidence

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3
Q
  • Evidence which are not excluded by law as tending to prove a fact in issue
  • Anything that can prove a matter of fact is called __________

Example: birth certificate, dental health records, etc.

A

Competent Evidence

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4
Q
  • The law does not permit this evidence to be contradicted
  • No evidence is by law made conclusive unless so declared by statute
  • Hard to contradict/disprove
A

Conclusive Evidence

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5
Q
  • Additional evidence of a different character to the same point
  • An evidence which supports and confirms

Example: an old picture showing father and son after matching 99.9% DNA test

A

Corroborative Evidence

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6
Q

Additional evidence of the same character to the same point

Example: two different blood tests show paternity match

A

Cumulative Evidence

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7
Q
  • Proves a fact without and interference or presumption and which in itself, if true, establishes that fact
  • Anything that directly proves a matter of fact
A

Direct Evidence

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8
Q

Testimony given by an expert witness on a matter requiring special skill, knowledge, training, or experience which he is shown to posses

A

Expert Evidence

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9
Q

Not directed to prove a fact in issue as determined by the rules of substantive law and of pleadings

Example: hearsay

A

Immaterial Evidence

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10
Q

Irrelevant to the issue or which is excluded by the rules of evidence

Example: evidence taken in violation of the Bill of Rights

A

Inadmissible Evidence

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11
Q

Excluded by law either on ground of its immateriality, irrelevancy, want of credibility, or for any other reason

Example: a testimony that contains hearsay or
information outside of the expert’s field

A

Incompetent Evidence

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12
Q
  • No tendency in reason to establish the probability or improbability of a fact in question
  • Not related to the matter of fact
  • Any evidence not proving a fact; “out of the blue”
A

Irrelevant Evidence

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13
Q

Directed to prove a fact in issue

A

Material Evidence

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14
Q
  • Proves a particular fact until contradicted and overcome by other evidence
  • Not conclusive until proven/disproven
A

Prima Facie Evidence

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15
Q
  • Directly addressed to the court’s senses as would materially aid the judge to arrive at a proper conclusion as to the truth respecting a matter of fact
  • A.k.a. visual evidence/object evidence
A

Real Evidence

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16
Q

Having any value in reason as may tend to establish the probability or improbability of a fact in question

A

Relevant Evidence

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17
Q

Is any written or oral statement or declaration of a person respecting a matter of fact sought to be proven

A

Testimonial Evidence

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18
Q

Consist of writing or any material containing letters, words, numbers, figures, symbols, or other modes of written expression offered as proof of their contents

A

Documentary Evidence

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19
Q

A deduction which the law expressly directs to be made from particular facts

A

PRESUMPTION OF LAW

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20
Q

Presumption of law that is legally satisfactory and may not be contradicted and overcome by proof to the contrary; facts coming from conclusive evidences

A

Conclusive Presumption

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21
Q

presumption of law that is satisfactory if uncontradicted but may be overcome by other evidence

A

Disputable Presumption

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22
Q
  • A deduction which reason draws from the facts proven without an expressed direction of law to that effect
  • Facts that needs to be proven to become an evidence
A

PRESUMPTION OF FACT

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23
Q

Means that the original of a document or writing is the best evidence of such document or writing and must be produced unless the original is lost, destroyed, unavailable, or otherwise unobtainable

A

Best Evidence Rule

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24
Q

Substitutionary evidence which becomes admissible, when the best evidence or original document is lost, or destroyed, or cannot be produced in court, or is in the custody of the adverse party

A

Secondary Evidence

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25
Q

Means that parole or oral evidence of prior or contemporaneous agreements is not admissible to modify, or contradict the written agreement; everything not found in the written agreement is not true

A

Parole Evidence Rule

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26
Q

A witness can testify only to those facts which he knows of his personal knowledge, which are derived from his own perception, except as otherwise provided in the Rules of Court (Chismis Rule)

A

Hearsay Rule

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27
Q

The first exception of the hearsay rule

A

Dying Declaration

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28
Q
  • The declaration of a dying person, made under the consciousness of an impending death
  • His death is the subject of inquiry
A

Dying Declaration

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29
Q

The source of all information regarding confinement and treatment in a hospital or management in a dental clinic

A

PATIENT’S CLINICAL RECORD

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30
Q

PATIENT’S CLINICAL RECORD
includes

A

*Patient’s dental history
*Results of examinations
*Records of treatment
*Copies of laboratory reports
*Notations of all instructions given
*Copies of all prescription and notes
*Documents of informed consent when applicable
*Any other pertinent data

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31
Q

PATIENT’S CLINICAL RECORD
Reasons/Goals

A

To provide the best dental care
To supply statistical information
To provide legal protection

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32
Q

Correcting a Handwritten Entry on Patient’s Clinical Record

A

•Draw a line through the error
•Insert the correction above or immediately following
•In the margin, write “correction” or “Corr.”, your initials, and
the date.

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33
Q

Except as otherwise provided by law, witnesses are all persons who can perceive, and perceiving, can make their known perception to others, may be witnesses

A

WITNESSES

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34
Q

Religious or political belief, interest in the outcome of the case, or conviction of a crime unless otherwise provided by law, shall not be ground of disqualification

A

WITNESSES

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35
Q

testifies on matters that came to his knowledge through his own senses and testifies on facts

A

Ordinary witness

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36
Q

gives testimony on matters he knows a lot about; can give an opinion on matters that he has plenty of experience about

A

Expert Witness

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37
Q

The opinion of a witness on a matter requiring:
* Special knowledge
* Skill
* Experience or training which he is shown to possess

A

EXPERT TESTIMONY

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38
Q
  • The dentist rendering expert testimony in cases of litigations shall limit comments to the case brought forth and avoid undue criticism to defame or discredit the other
  • Generally relied upon in malpractice suits
A

EXPERT TESTIMONY

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39
Q
  • The guiding principle is “helpfulness to the court”
  • The only true criterion is: “can a court receive from him appreciable help?”
A

Qualifying a Witness as an Expert

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40
Q

To qualify an expert (in witness):

A

Personal circumstances, then:
* Academic background of the subject
* His experience, professional standing, and training on the said line
* The relative objectivity of his views
* Degree of concordance of his views with the facts proven
it is not proper to include assumptions not supported by evidence

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41
Q

When the doctrine of _________ is availed by the plaintiff because the injury itself provides the proof of negligence

A

res Ipsa loquitur

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42
Q

res Ipsa loquitur

A

“the thing speaks for itself”

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43
Q

Necessity of expert testimony applies only to such matters clearly within the domain of medical science, and not to matters that are within thee common knowledge of mankind

A

res Ipsa loquitur

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44
Q

No need for an expert testimony in these cases of _________

A

res Ipsa loquitur

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45
Q

A person authorized to practice medicine, surgery, or obstetrics cannot, in a civil case, without the consent of the patient, be examined as to any advise or treatment given by him or any information which he may have acquire in attending such patient in a professional capacity, which information was necessary to enable him to act in that capacity, and which would blacken the reputation of the patient

A

PRIVILEGED COMMUNICATION

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46
Q

This privilege can be claimed in civil cases only; it cannot be invoked in a criminal case because the privilege cannot be used as a shield in the prosecution of crimes

A

PRIVILEGED COMMUNICATION

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47
Q

Requisites of Privileged Communications between Dentist and Patient:

A
  1. Claimed in a civil case
  2. That the person, is one duly authorized to practice dentistry
  3. That such person acquired the information while he was attending t he patient in his personal capacity
  4. That the information was confidential, and, if disclosed, shall tend to blacken the character of the patient
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48
Q

Scope of the Privilege

The privilege applies to the testimony of the dentist on the stand or to any:

A
  1. Testimony of the dentist on the stand
  2. Affidavit
  3. Certificate
  4. Dental records containing privileged matters
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49
Q

The privilege applies even after the death of the patient

A

Duration of the Privilege

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50
Q

Privileged Communication Not Applicable when:

A

1.
Personal injury suit by patient
2.
In competency, guardianship and commitment proceedings
3.
The privilege does not apply in contests involving the
patient’s will, nor in any action involving the validity of a deed
or conveyance executed by the now-deceased patient or the
decedent’s intentions with regard thereto, or in any
proceeding in which all parties are claiming through the
deceased patient
4.
Malpractice cases
5.
Illegal purpose
6.
Legal disclosures

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51
Q

Another exception to the physician-patient privilege

A

Legal Disclosures

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52
Q

The dentist, dental hygienist, or dental technologist shall report all violations of the Philippine Dental Act of 2007,
rules and regulations governing the practice of Dentistry, and this Code, as may be committed by a duly licensed dentist, dental hygienist, or dental technologist, or non-dentist, which comes to their knowledge, to the appropriate chapter of affiliate society, the Board, or the Professional Regulation Commission

A

Legal Disclosures

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53
Q

Alleged illegal dental practitioners must be treated with due respect in accordance to their primary human rights and must be presumed innocent until proven guilty

A

Legal Disclosures

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54
Q

Is the power to hear, determine, ascertain facts, and decide by the application of rules of law to the ascertained facts in the enforcement and administration of law

A

Administrative Adjudicatory or Quasi-Judicial Power

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55
Q
  • Has a quality resembling that of judicial proceeding
  • Proceedings before the PRC and the PRBs, like the Board of Dentistry, are all in the nature of quasi-judicial proceedings
A

Nature of Administrative Proceedings

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56
Q

ESSENTIAL REQUIREMENTS OF ADMINISTRATIVE DUE ROCESS

A
  1. An opportunity to present his case and to adduce evidence
  2. Tribunal must consider the evidence presented
  3. The decision must be supported by itself
  4. The evidence must be substantial
  5. The decision must be rendered on the evidence presented
  6. The board or its judges must act impartially
  7. The decision must be rendered in such a manner that the parties to the proceedings will know the various issues involved, and the reasons for the decision rendered
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57
Q

Shall be heard by a committee

A

Administrative Charges Vs. Public Health Worker

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58
Q

Administrative Charges Vs. Public Health Worker

Composition

A
  • Provincial/city public health officer
  • representative of provincial public health workers
  • Supervisor of the district of the dentist
  • PDA representative
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59
Q

The committee shall submit its findings and recommendations to the Secretary of Health within ________ days from the
termination of the hearings

A

thirty (30)

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60
Q

SAFEGUARDS IN DISCIPLINARY PROCEDURES

A
  1. The right to be informed, in writing, of the charges
  2. The right to full access to the evidence in the case
  3. The right to defend himself/herself, to be defended by a
    representative of his/her choice, adequate time given to the public
    health worker for the preparation of his/her defense
  4. The right to confront witnesses presented against him/her and
    summon witnesses in his/her behalf
  5. The right to appeal
  6. The right to reimbursement of reasonable expenses incurred in
    his/her defense in case of exoneration or dismissal of the charges
  7. Such other rights as will ensure fairness and impartiality during
    proceedings
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61
Q

GROUNDS FOR ADMINISTRATIVE PROCEEDINGS

A
  1. Conviction by a court of competent jurisdiction of any criminal offense involving moral turpitude
  2. Immoral or dishonorable conduct
  3. Insanity
  4. Fraud in the acquisition of the certificate of registration
  5. Gross negligence or incompetence in the practice of his profession
  6. Addiction to alcoholic beverages or to any habit-forming drugs rendering him incompetent to practice his profession
  7. False or extravagant or unethical advertisement wherein
    other things than his name, profession, limitation of practice, office, and home address are mentioned
  8. Aiding or acting as a dummy of an unqualified or unregistered
    person to practice dentistry
  9. Violation of any provisions of the Philippine Dental Act of 2007, the PRC Modernization Act of 2000, and their respective rules
    and regulations
  10. Conduct discreditable to the dental profession
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62
Q

RULES OF PROCEDURE AT THE PROFESSIONAL REGULATION
COMMISSION

A
  • PRC Resolution No. 06-342, Series of 2006
  • PRC Resolution No. 2013-775, Series of 2013
  • Resolution No. 2017-1033(A), Series of 2017
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63
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

verified with certification against forum shopping

A

Complaint

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64
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

submitting numerous same complaints against the same dentist/practitioner; illegal and may be discredited

A

Forum Shopping

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65
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

order of the court or quasi-judicial agency to an individual called to appear in court or hearing to file an answer through personal service or registered mail

A

Summons

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66
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

within 15 days from receipt of summons; attach all records necessary; failure to answer would mean a default, wherein the board decides with the complainant’s documents alone

A

Answers

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67
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

presentation of documents submitted of both parties in the presence of their lawyers

A

Pre-Trial Conference

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68
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

depending on the pretrial conference

A

Summary Judgement or go to Trial

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69
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

then execution of decision unless appealed; decision must support itself and must be rendered on the evidence presented

A

Decision by the BOD

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70
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

done when you are not satisfied with the decision of the Board of Dentistry

A

Appeal to the Commission (Sec. 6, Rule XVI)

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71
Q

LIFE OF ADMINISTRATIVE COMPLAINT VS DENTIST

done when you
are not satisfied with the decision of the PRC

A

Appeal to Court of Appeals (Sec. 8, Rule XVI)

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72
Q

EXECUTION OF DECISION

division of PRC that executes the final decision, orders, or resolution of the commission or board in coordination with the concerned Association of (Integrated) Professional Organization and concerned government agencies

A

Legal and Investigation Division (LID)

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73
Q

EXECUTION OF DECISION

for penalty of suspension or revocation, LID responsible for safekeeping of the surrendered COR and PIC

A

Surrender of PRC/COR and PIC

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74
Q
  • The principle long upheld by it that administrative findings of fact that are supported by substantial evidence must be treated by courts as final
  • This follows a trend in modern legislation known as the doctrine of conclusive finality, which is justified by the comity that courts extend to the executive branch and the recognition of the expertise of administrative agencies in dealing with particular questions of fact
A

DOCTRINE OF CONCLUSIVE FINALITY OF ADMINISTRATIVE DECISIONS

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75
Q

Independently of statutory authority, the President, as the administrative head, and under his constitutional power of control of executive department, bureaus and offices, on his motion or on appeal of some individual who might deem himself aggrieved by the action of an administrative official exercise his power of revision

A

ADMINISTRATIVE APPEAL AND REVIEW

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76
Q
  • Legal responsibility for the payment to an agreed third-party due to the violation of civil law
  • Liability imposed by the court against a person who violates the civil law
A

CIVIL LIABILITY

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77
Q

law concerning individual relations, properties, business, personal dealings, etc., and their interaction with each other

A

Civil Law

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78
Q

Comes with monetary compensation instead of imprisonment like in criminal law

A

Civil Law

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79
Q

Deals more on private individuals and has nothing to do with the state or government

A

Civil Law

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80
Q
  1. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith (Human Relations)
  2. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages (fraud, negligence, delays)
  3. In contracts and quasi-contracts, the damages for which the obligor who acted in good faith is liable shall be those that were the natural and probable consequences of the breach of the obligation, and which the parties have foreseen or could have reasonably foreseen at the time the obligation was constituted
A

LEGAL BASIS OF CIVIL LIABILITY

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81
Q

In cases of fraud, bad faith, malice, or wanton (improper) attitude, the obligor shall be responsible for all damages which may be reasonably attributed to the non-performance of the obligation

A

LEGAL BASIS OF CIVIL LIABILITY

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82
Q

extinguished in the same manner as other obligations

A

EXTINCTION OF CIVIL LIABILITY

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83
Q

the offender shall continue to be obliged to satisfy the civil liability resulting from the crime committed by him, notwithstanding the fact that he has served his sentence consisting of deprivation of liberty or other rights, or has not been required to serve the same by reason of amnesty, pardon, commutation of sentence, or any other reason

A

Obligation to Satisfy Civil Liability

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84
Q

In short, persons with criminal offenses shall still pay civil liability after serving time in imprisonment

A

Obligation to Satisfy Civil Liability

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85
Q

forgiveness of a criminal offense granted by the head of the state or President; amnesty is before judgment, pardon is after judgment;

civil liability is still present

A

Amnesty/Pardon

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86
Q

A juridical necessity to give, to do, or not to do

A

OBLIGATIONS

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87
Q
  • Obligations arising from law are not presumed
  • Only those expressly determined in the Civil Code or in special laws are demandable, and shall be regulated by the precepts of the law which establishes them
A

Law

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88
Q
  • Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith
  • stipulations of the contract by the parties must not be contrary to law, morality, good customs, public order, and public policy
A

Contracts

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89
Q
  • deals with what is right and what is wrong
  • Norms of good and right conduct
  • Governs the private personal interactions of people
A

Morality

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90
Q

governs the professional interactions of people

A

Ethics

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91
Q

generally accepted principles of morality which have received some social and practical recognition in the community for so long

A

Good Customs

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92
Q

the safety and order of the community in order to maintain peace; examples are obeying traffic rules

A

Public Order

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93
Q
  • a good ________ seeks to define issues and implement strategies to produce positive results for the general public
  • System of law or regulatory measures to make the society lead a better life and to maintain delivery of goods and services
A

Public Policy

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94
Q

“no one shall be unjustly enriched or benefited at the expense of another”

A

Quasi-contracts

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95
Q

giving rise to an obligation to deliver a thing or render a service

A

Quasi-contracts

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96
Q

A presumptive consent as basis of quasi-contract giving rise to an obligation to deliver a thing or render a service

A

Quasi-contracts

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97
Q

also termed as solutio indebita

A

Quasi-contracts

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98
Q

Every person criminally liable for a felony is also civilly liable and therefore becomes obligated to the person he has wronged

A

Acts or Omissions Punishable by Law (Delicts)

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99
Q

Whoever by act of omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done

A

Quasi-Delicts (TORTS)

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100
Q

Such fault or negligence, if there is no pre-existing contractual relation between the parties

A

Quasi-Delicts (TORTS)

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101
Q

Dental negligence falls under this category, wherein there is
no intent but still caused damage

A

Quasi-Delicts (TORTS)

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102
Q
  • The performance of this obligation does not depend upon a condition
  • Is demandable at once

Example: patient’s payment to dental service

A

Pure Obligation

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103
Q

The acquisition/extinguishment of rights shall depend upon the happening of the event which constitutes the condition

A

Conditional Obligation

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104
Q

that which gives birth to the obligation; obligation happens only upon the happening of this event

A

Suspensive Condition

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105
Q

that which results to the loss or extinguishment of an obligation

A

Resolutory Condition

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106
Q

Obligations for whose fulfillment a certain day that has been fixed, shall be demandable only when that day comes

A

Obligation with a Period

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107
Q
  • A person alternatively bound by different prestations shall completely perform one of them
  • The creditor cannot be compelled to receive part of one and part of the other undertaking
  • The right of choice belongs to the debtor unless it has been granted to the creditor
A

Alternative Obligations

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108
Q

“to each his own”; kaniya-kaniyan bayad; pro-rata, proportionate

A

Joint Obligations

109
Q

“one for all, all for one”; joint and several, in solidum, individually and collectively, each will pay the whole value

A

Solidary Obligations

110
Q

Obligations to give definite things and those which are not susceptible of partial performance

A

Indivisible Obligation

111
Q

Delivery or performance is susceptible of division or partial performance

A

Divisible Obligation

112
Q
  • In obligations with a penal clause, the penalty shall substitute the indemnity for damages
  • Nevertheless, damages shall be paid if the obligor refuses to pay the penalty or is guilty of fraud in the fulfillment of the obligation
A

. Obligations with a Penal Clause

113
Q

an accessory obligation to assume the responsibility if there is non-performance

A

Penal Clause

114
Q

one which gives a right of action to compel their performance; all contracts are civil obligations

A

Civil Obligations

115
Q
  • not based on positive law but on equity and natural law
  • Do not grant a right of action to enforce its performance
  • Voluntary
A

Natural Obligations

116
Q

means the realization of the purpose of the obligation

A

PERFORMANCE OF AN OBLIGATION

117
Q

In the obligation “to give”, there is performance upon the delivery of the thing itself, and if the thing to deliver is a specific thing, the obligee has the right to compel the obligor to deliver no other than the specific thing

A

PERFORMANCE OF AN OBLIGATION

118
Q

In the prestation “to do”, if a person obliged to do something fails to do it, it shall be executed at his cost

A

PERFORMANCE OF AN OBLIGATION

119
Q

CAUSES OF NON-PERFORMANCE OF OBLIGATION

A
  1. Voluntary Non-performance of Obligation
  2. Involuntary Non-performance or Non-performance due to Fortuitious events or Force Majeure (acts of God)
120
Q

events which could not be foreseen, or which though foreseen, were inevitable

A

Fortuitious events

121
Q

acts of God like natural disasters (flood, typhoon, landslide, etc.)

A

Force Majeure

122
Q

Explain

General rule is no person shall be responsible for Fortuitious events which could not be foreseen, or which though foreseen, were inevitable, except in cases expressly specified by law, or when it is otherwise expressed in stipulation, or when the nature of the obligation requires assumption of risk

A
123
Q

REQUISITES TO CONSIDER AN EVENT AS FORTUITIOUS

A
  1. The cause of the event must be something beyond the control of man i.e. earthquake
  2. Must not be foreseen, or even if foreseen, is inevitable i.e., typhoon, fire
  3. Because of the occurrence of this event, the debtor is rendered helpless or incapable of performing his obligation in a normal way
  4. Obligor or debtor must not have been guilty of contributory negligence and must not have participated in the aggravation of the damage done
124
Q

Delay in Obligation

A
  • Time of delivery or time of service is the controlling motive of the contract
  • Demand would be useless
  • In this case, fortuitious event is not an excuse
  • Delay = damage
125
Q

Reciprocal Obligation

A
  • Both parties have obligations to perform
  • Neither party incur in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him
  • From the moment one of the parties fulfills his obligations, delay by the other begins
126
Q

after payment, obligation is extinguished

A

By Payment or Performance

127
Q

if the thing due is lost due to fortuitious event, it is not your negligence

A

By the Loss of the Thing due

128
Q
  • condonation or remission is essentially gratuitous, and requires the acceptance by the obligor
  • It may be made expressly or impliedly
  • Express condonation requires the compliance with forms of donations
  • Basically means to forgive or to forget debt
A

By the Condonation or Remission of the Deb

129
Q
  • The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person
  • The enforcement of the obligation becomes impossible
A

By the Confusion or Merger of the Rights of Creditor and Debtor

130
Q

shall take place when two persons, in their own right, are creditors and debtors to each other

A

By Compensation

131
Q

a juridical act of dual function in that at the time it extinguishes an obligation, it creates a new one in lieu of the old

A

Novation

132
Q

Obligations may be modified by:

A
  • Changing the object or principal conditions of an obligation
  • Changing the parties
133
Q

Is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service

A

CONTRACT

134
Q

An obligation whereby an agreement entered unto upon sufficient consideration to do or not to do a particular thing

A

CONTRACT

135
Q

True or False

All contracts are agreements, not all agreements are
contracts

A

True

136
Q

True or False

Only those that give rise to civil obligation is called a contract

A

True

137
Q

Every transaction between a dentist and a patient is a contract, either express or implied, or partly expressed and partly implied

A

LEGAL NATURE OF THE TRANSACTION

138
Q

Terms and conditions are made known to each part either in writing or verbal

A

Expressed Contract

139
Q

One or more terms or conditions are not definitely known but are taken for granted by operation of law

A

Implied Contract

140
Q

A concluded or inferred agreement from the overt acts or conduct of the parties which the law presumed or ascribed as the manifestation of intention of parties to enter into a contract

A

Implied Contract

141
Q

True or False

Every contract contains an offer, acceptance, and consideration

A

True

142
Q

when you accept an offer, it must be an unconditional and unequivocal acceptance to the exact terms of the offer; if not, it becomes a counteroffer

A

Acceptance

143
Q

arbitration clauses set up provisions whereby independent and binding arbitrators settle contractual disputes

A

Arbitration

144
Q
  • Standard contract clauses use universal language as a type of template
  • Usually found at the end of the contract
A

Boilerplate

145
Q

Boilerplate clauses includes?

A
  • arbitration clauses
  • entire agreement clauses
  • force majeure clauses
146
Q

when one part of the contract accuses the other party of not following the terms of the contract

A

Breach

147
Q
  • provisions of a contract that specify a particular occurrence
  • In the event these conditions happen, this is what the contract does in response
A

Conditions

148
Q

something of value that is bargained for and given in exchange for the promise contained in the offer

A

Consideration

149
Q

something such as monetary compensation, that is awarded for a breach of contract

A

Damages

150
Q

a clause that protects the contracting parties by declaring that the contract represents the complete and final agreement between the parties

A

Entire Agreement

151
Q

a clause in contracts that excuses a part from not performing their contractual obligations due to unforeseen events beyond their control

A

Force Majeure

152
Q

guaranty of loan is an agreement where one party guarantees a second party’s loan obligation to a third party

A

Guaranty

153
Q

a promise to carry out the terms of the proposed transaction, in exchange for the consideration

A

Offer

154
Q

introductory paragraphs of a contract that describe the nature of the contract and why each party has elected to enter into the agreement

A

Recitals

155
Q
  • First element
  • Should be intelligently given with an exact idea of what it refers to be free and spontaneous by the contracting parties
A

Consent

156
Q

an indispensable element for the existence of consen

A

Legal capacity

157
Q

presuposses legal capacity

A

legal consent

158
Q

consent given through the following renders the contract voidable

A

Visiation of Consent

159
Q

transgresses intelligence

A

Mistake

160
Q

transgresses freedom of consent

A

Violence/force

161
Q

transgresses freedom of consent

A

Intimidation

162
Q

transgresses reasonable freedom of choice

A

Undue influence

163
Q

transgresses spontaneousity

A

Fraud

164
Q
  • The thing which is agreed upon receiving the consideration to do or not to do
  • Thing, right, or services which is the subject matter of the obligation arising from the contract
  • The aim of purpose of the contract
  • The object must not be outside the commerce of men
  • It must not be contrary to law, morality, good customs, public order, and public policy
  • Impossible things or services cannot be the object of a contract
A

Object or Subject Matter

165
Q
  • A promise or a performance bargained by a promisor in exchange of that promise
  • The price asked by a promisor in entering into a subject matter of a contract
  • States why each party is joining to an agreement; something worth bargaining for
A

Cause or Consideration

166
Q

the cause is the prestation or promise of a thing or service by the other i.e., dental treatments

A

onerous contracts

167
Q

the cause is the service or benefit which is to be compensated i.e., job contracts

A

remuneratory contracts

168
Q

the cause is the mere liberality of the benefactor i.e., donation

A

contracts of pure beneficence

169
Q

HOW AND WHEN A CONTRACTS ARE PERFECTED:

A
  • Contracts are perfected by a mere consent
  • All contracts in Civil Code are consensual, and are perfected from the moment the parties agree as regards the definite subject matter and a fixed consideration
  • The moment of perfection, obligation arise and are binding between the parties and their heirs
  • Consent is manifested through acceptance
170
Q
  • “I give that you may give”;
  • applied to a giving of money or goods under a promise of repayment in money or goods, and to loans of money, and contracts of sale
A

Do ut Des

171
Q
  • “I perform so that you are to perform”;
  • signifies an agreement to do work for another if the other will do work for him; or to do any other positive acts on both sides; or it maybe to forbear on one side in consideration of something done on the other
A

Facio ut facias

172
Q
  • “I do that you may give”;
  • a valid and enforceable contract results from an implied consent where one party renders service to another and the latter accepts such service without proof that the same is given gratuitously
A

Facio ut des

173
Q
  • “I pay in order that you may perform”;
  • when one agrees with the employee to give such wage based on performance
A

Do ut facias

174
Q
  • Contracts that was validly or legally entered by two consenting/contracting parties
  • But, one party is prejudiced than the other; impartial or unequal contract
  • One party would suffer much damages
  • Court may rescind the contract if one party would suffer damages more than the other from a contract agreement in the interest of equity
A

RESCISSIBLE CONTRACTS

175
Q

These contracts are binding, unless they are annulled by a
proper action in court; they are susceptible of ratification

A

VOIDABLE CONTRACTS

176
Q

VOIDABLE CONTRACTS

Give the 2 example of contracts that are voidable or annullable, even though there may been no damage to the contracting parties

A
  1. Those where one of the parties is incapable of giving consent to a contract i.e. minor aged contracting party
  2. Those where the consent is vitiated by mistake, violence,
    intimidation, undue influence, or fraud
177
Q
  • When contract is not in writing, it is called unenforceable contract
  • There is no basis to enforce the contract obligations
A

UNENFORCEABLE CONTRACTS

178
Q
  • Contracts that are null and void from the very beginning because of its impossibility
  • These contracts cannot be ratified, neither can the right to set up the defense of illegality be waived
A

VOID CONTRACTS

179
Q

An important legal protection is the right to give informed
consent to treatment

A

INFORMED CONSENT

180
Q

True or False

A dentist who performs a procedure on a client without informed consent may be found civilly liable for committing battery

A

True

181
Q

The basic principle of informed consent is that:

A
  • Give proper education about the risks and benefits
  • The patient has the right to choose freely whether to submit to treatment or not
  • Unless the dentist has provided the patient with scientifically valid, accurate information about the treatment, a state of informed consent does not exist
182
Q

Should reflect that the patient already has informed consent about the treatment option of the clinician

A

INFORMED CONSENT FORM (ICF)

183
Q

WHO CAN GIVE INFORMED CONSENT?

A
  1. Any capacitated patient
  2. Spouse - if patient himself cannot give informed consent
  3. A parent or natural guardian in case of minors
  4. A guardian in case a person is incapacitated to give consent
  5. A legal guardian appointed by the court
  6. Duly appointed officers of the Department of Social Welfare and Development (DSWD)
184
Q

before a dentist could do a physical examination, the proper consent must be given by the patient

A

Non-Consensual Physical Contact

185
Q

the patient has the right to be informed regarding procedures, risks, and alternatives, and answers to questions with respect to treatment, in terms that they can be reasonably expected to understand

A

Non-Consensual Medical Treatment and Procedure

186
Q

The failure, without legal reason, to comply with the terms of contract

A

BREACH OF CONTRACT

187
Q

It is also defined as the failure without legal reason excuse, to perform any promise which forms the whole or part of the contract

A

BREACH OF CONTRACT

188
Q

Is the existence of an agreement or bargained-for exchange where one of the parties fails, without a legally valid excuse, to live up to his or her responsibilities under the contract

A

BREACH OF CONTRACT

189
Q

True or false

A contract may be breached in whole only

A

False

A contract may be breached in whole or in part

190
Q

a breach of contract usually occurs by one or more of the parties in one of the following ways:

A
  • Failing to perform as promised
  • Making it impossible for the other party to perform
  • Making it known there is an intention not to perform
191
Q

States that you cannot enforce contracts that are not in writing

A

STATUTE OF FRAUDS

192
Q

What contracts must be in writing?

A
  • Sales of real property
  • Promises to pay someone else’s debt
  • A contract that takes longer than one year to complete
  • Property leases for more than one year
  • Contracts for more than a certain amount of money, the amount of which is set by the state (500)
  • A contract that will go beyond the lifetime of the one performing the contract
  • The transfer of property upon the death of the party performing the consent
193
Q
  • Refers to the prescription period
  • Every action has a corresponding period to perform
A

STATUTE OF LIMITATIONS

194
Q

are laws that set the deadline or maximum period of time within which a lawsuit or claim may be filed

A

Statutes of limitations

195
Q
  • The deadlines vary depending on the circumstances of the case, and the type of case or claim
  • Within how many years from the time of negligence or malpractice?
A
  • Statute of Limitations
  • 6 years
196
Q

If you sue for breach of contract, you must sue within the ________

A

statute of limitations

197
Q

“let the master answer”;
the dentist may be held liable for the wrongful act of his or her dental assistant

A

Doctrine of Respondeat Superior

198
Q

a dentist with people using the dentist’s name as an agent even without permission, the dentist can be held liable if the dentist remains silent

A

Doctrine of Ostencible Agent or Holding Out Theory or Agency by Estoppel

199
Q

applicable to visiting dentists

A

Borrowed servant Doctrine

200
Q

the surgeon is likened to a ship captain who is responsible for everything that goes wrong in the operating room, including those acts done by those under him

A

Captain of the ship Doctrine

201
Q

substitute liability

A

Vicarious Liability of Hospital

202
Q

is under the State Immunity from Suit; government cannot be sued

A

Government or Public Hospital

203
Q

also cannot be sued because it sources its funds from charity or donations of funds to help other people

A

Private Charitable or Eleemonsynary Hospital Private Charitable or Eleemonsynary Hospital

204
Q

those entering private charitable or government hospital cannot sue the hospitals, implying their waiver of this right to sue

A

Implied Waiver Theory

205
Q

those patients in private charitable hospitals do not have a contract to the hospital, only the doctor

A

Doctrine of Independent Contractor

206
Q

May be defined as the pecuniary compensation, recompense, or satisfaction for an injury sustained, or as otherwise expressed, the pecuniary consequences which the law imposes for the breach of some duty or the violation of some right

A

DAMAGES

207
Q

are the amounts recoverable or that which can be awarded for the damage done or sustained

A

DAMAGES

208
Q

is the legal invasion of a legal right

A

Injury

209
Q

is the hurt, loss or harm, which results from the injury

A

damage

210
Q

there can be damage without injury in those instances in which loss or harm was not the result of a violation of a legal right

A

Damnum Absque Injuria

211
Q

In such cases, the consequences must be borne by the injured person alone

A

Damnum Absque Injuria

212
Q

The law affords no remedy for damages resulting from an act that does not amount to a legal injury or wrong

A

Damnum Absque Injuria

213
Q

If a damage results from a person’s exercising his legal rights

A

Damnum Absque Injuria

214
Q

They cannot be granted unless supported by the evidence on record

A

ACTUAL DAMAGES

215
Q

It is the compensatory or actual damages that are most frequently involved in professional liability cases

A

ACTUAL DAMAGES

216
Q

Includes physical suffering, mental anguish, fright, serious anxiety, besmitched reputation, wounded feelings, moral shock, social humiliation, and similar injury

A

MORAL DAMAGES

217
Q

True or False

There is no hard and fast rule in the determination of what
would be a fair amount of moral damages

A

True

218
Q

BASIS OF AWARD OF MORAL DAMAGES

A
  • moral damages are not punitive in nature but are designed to compensate and alleviate in some way the physical suffering, mental anguish, etc. unjustly caused to a person
  • Such damages, to be recoverable, must be the proximate result of a wrongful act or omission of the factual basis for which is satisfactorily established by the aggrieved party
219
Q

CONDITIONS FOR AWARD OF MORAL DAMAGES

A
  • Duty
  • deviation
  • direct causation
  • damage
220
Q

This is usually the Civil Code

A

LEGAL PROVISIONS MANDATING AWARD OF MORAL DAMAGES

221
Q

suit that is groundless, malicious, without probable cause, or part of conspiracy

A

Unfounded suit

222
Q

a small sum of money awarded to a plaintiff to commemorate the fact the plaintiff won their civil case in court.

A

Nominal damages

223
Q

are more than nominal but less than compensatory damages

A

Temperate or Moderate damages

224
Q

a predetermined or specified amount of money that must be paid as damages if one party fails to meet certain contractual requirements

A

Liquidated Damages

225
Q

are imposed, by way of example or correction for the public good

A

Exemplary or Corrective Damages

226
Q

An important legal protection is the right to give informed consent to treatment; this can be done through interviewing

A

INFORMED CONSENT

227
Q

In writing informed consent, what should the Dentist do?

A
  • Dentist is to properly educate the patient about the risks and benefits of the proposed treatment
  • Dentist gives alternative treatment options
  • Dentist may also give the option of no treatment
  • The patient has the right to choose freely whether to submit to treatment or not
  • Treatment results would be dependent 50% on dentist and 50% on patient
228
Q

should be signed by the patient after giving the informed consent to the patient

A

INFORMED CONSENT FORM

229
Q

modified for different cases because of different risks, different treatment alternatives, and different procedures

A

INFORMED CONSENT FORM

230
Q

If condition is inherent like bleeding, discomfort, pain, or anesthesia, you can opt for what?

A

you may not include it in the informed consent

231
Q

How long should ICF be kept for?

A

10 years

232
Q

COMMUNICATION/LANGUAGE BARRIER ISSUES IN
INFORMED CONSENT TAKING

A
  • If there is no way to communicate with the patient and give informed consent, you may refer the patient to other facilities who can understand the language
  • If patient is persistent on being treated at your clinic, then an interpreter is required in order to have informed consent
  • Interpreter should be honest and dependable
  • Interpreter should affix his/her signature to signify that the translation is successful
233
Q

Encompasses all possible civil liability that a professional can incur as a result of professional acts

A

PROFESSIONAL LIABILITY

234
Q

It is preferred over the term “malpractice” because the latter carries some negative evertones

A

PROFESSIONAL LIABILITY

235
Q

a tort liability - when applied to the dental profession

A

Negligence

236
Q

negligence is called

A

malpractice

237
Q

the doing of some act which a reasonable and prudent dentist would not do, or the failure to do some act which such a person should or would do

A

Negligence

238
Q

__________, or more appropriately __________, is the type of claim which a victim has available to him or her to redress a wrong committed by a dentist which has caused bodily harm

A

Malpractice
dental negligence

239
Q

simply means performance or doing of an act

A

Feasance

240
Q

the performing of an act that is wholly wrongful and unlawful

A

Malfeasance

241
Q

the improper performance of some lawful act

A

Misfeasance

242
Q

is the failure to do something that should have been done

A

Nonfeasance

243
Q

Such fault or negligence, if there is no pre-existing contractual relation between the parties

A

quasi-delict

244
Q

are civil wrongs that are done to clients

A

Torts

245
Q

in civil cases or tort actions, the person who is filing the suit seeks compensation for damages he feels he suffered as result of the action or activity in question; in the Philippines, torts are referred to as

A

quasi-delicts

246
Q

When a person is guilty of ____________, he or she is guilty of an act or failure to act

A

Culpa aquiliana

247
Q

exists when the dentist-patient relationship has been established

A

DUTY

248
Q

Neglectful of Obligation

A

DERELICT

249
Q

proof of dereliction, or proof of negligence of an obligation; the breach of professional duties of skill and care, or their improper performance

A

DERELICT

250
Q

causation which is divided into two inquiries: whether the actions in fact caused the harm and whether these were the proximate cause of the injury

A

DIRECT CAUSE

251
Q

injury results from want of due care or skill; dentists may be held answerable in damages for negligence

A

DAMAGES

252
Q

The burden of proving each of the four elements of negligence is on the plaintiff

A

PROXIMATE CAUSE

253
Q

Failure to prove any one of the elements may result in dismissal of the case

A

PROXIMATE CAUSE

254
Q

The most common rule is the reasonable person rule

A

STANDARDS OF PRACTICE

255
Q

the written or verbal evidence given by a qualified expert in an area

A

Expert Witness

256
Q

like textbooks, journal articles, etc. published by national organizations such as the PDA

A

Documentary Evidence

257
Q

“the thing or the transaction speaks for itself”

A

DOCTRINE OF RES IPSA LOQUITOR

258
Q

the thing which caused the injury complained of is shown to be under the management of the defendant or his servants and the accident is such as in ordinary course of things does not happen of those who have its management or control use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from or
was caused by the defendant’s want of care

A

DOCTRINE OF RES IPSA LOQUITOR

259
Q

Requisites of res Ipsa Loquitor

A
  • The accident is of a kind which ordinarily does not occur in the absence of someone’s negligence
  • It is caused by an instrumentality within the exclusive control of the defendant/s
  • The possibility of contributing conduct which would make the plaintiff responsible is eliminated
260
Q

If the dentist, after a prolonged treatment of a patient which normally produces alleviation of the condition, fails to investigate non-response may be held liable if in the exercise of the care and diligence he could have discovered the cause
of non-response

A

DOCTRINE OF CONTINUING NEGLIGENCE

261
Q

Usually applied to foreign body cases, improper setting of broken bones, in the application of cast, and in wrongful diagnosis

A

DOCTRINE OF CONTINUING NEGLIGENCE

262
Q

Anyone who voluntarily assumes the risk of injury from a known danger, if injured, is barred from recover

A

DOCTRINE OF ASSUMPTION OF RISK

263
Q

This is based upon a maxim “violent non fit injuria”, which means that a person who assents and injured is not regarded in law to be injured, edicted upon knowledge and consent

A

DOCTRINE OF ASSUMPTION OF RISK

264
Q

A dentist cannot be liable for negligence if the injury sustained by a patient is on account of unforeseen conditions

But, a dentist who fails to ascertain to condition of the patient for want of the requisite skills and training is answerable for the injury sustained by the patient if injury resulted thereto

A

DOCTRINE OF FORSEEABILITY

265
Q

It provides that if an employee was injured on account of the negligence of his fellow employee, the employer cannot be held liable

A

FELLOW SERVANT DOCTRINE

266
Q

Any person who, in good faith, renders emergency medical care or assistance to an injured person at the scene of the accident or other emergency without the expectation of receiving or intending to receive compensation from such injured person for such service, shall not be liable in civil damages for any act or omission, not constituting gross negligence, in the course of such care or assistance

A

RESCUE DOCTRINE

267
Q

Under the rule, the tortfeasors are joint and severally liable, meaning the plaintiff-patient can recover damages in full from either

A

DEEP POCKET RULE

268
Q

Liability will be compensated by an adjudged person by the court; adjudge person will be a rich person or deep pocket person

A

DEEP POCKET RULE

269
Q

Give examples of dental malpractice

A
  • Nerve injuries
  • Negligently completed crowns and bridges
  • Failure to take patient’s relevant medical history
  • Failure to detect oral cancer, periodontal disease, or other diseases
  • Unnecessary extraction of multiple teeth
  • Extraction of wrong teeth

JURISD1 (7 decks)

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