PRELIMS Flashcards
One act can embrace two effects- an intended good effect and unintended bad effect
Principle of Double Effect
Is governed by the intended effect
Morality of the act
Ethically permissible if
Act is morally good or atleast morally neutral
Only good effects is intended
Good results outweighs the bad result
Is working with another in the performance of an action
Cooperation
Consist of an explicit intention and willingness for the evil act
Formal Cooperation
Consist of an act other than the evil act
Material Cooperation
Good that comes to existence in a community
Common Good
Smaller group can achieve within his/her capacity
Principle of Subsidiarity
Human life comes from God
Principle of Stewardship
Expression of one’s responsibility to take care of, nurture and cultivate
Stewardship
Dictate that the well-being of the whole person must be taken into account
Principles of Integrity and Totality
Duty to preserve a view
Integrity
Duty to preserve intact the physical component
Totality
Reasonable hope of benefit
Ordinary
No reasonable hope of benefit
Extraordinary
Understanding of sexuality as one of the basic traits of a person
Personalized Sexuality
A body of rules of action
Law
Minimum standard of expected performance
Law
From judicial decision
Common law
From legislative bodies
Statutory Law
From administrative agencies
Administrative law
Fundamental Principles of Law
Justice ad Fairness
Plasticity and Change
Doctrine of Individual Rights and Responsibilities
A plaintiff files a complaint or petition
Lawsuit
Legally sufficient to establish a case
Prima facie
A person who brings an action in the court of law
Plaintiff
Citizen VS Citizen
Private Law
Private VS Government
Public Law
A person against whom action is brought
Defendant
Monetary and Civil Law
Private Law
Punitive and Criminal Law
Public Law
Felony
More serious breach of law
Death and imprisonment
Murder, Rape and Robbery
Misdemeanor
Less than a year in jail
Theft of small amount and Disorderly conduct
A private or civil wrong or injury
Tort
Breach of contract
Contract Law
Failure to perform
Breach of Contract
Categories of Tort
Negligent and Intentional
Unintentional commission or omission of an act
Negligent Torts
Harm caused ny carelessness
Negligent
Malpractice
Negligent Torts
Forms of Negligence
Malfeasance
Misfeasance
Nonfeasance
Execution of unlawful or improper act
Malfeasance
Improper performance
Misfeasance
Failure to perform an act
Nonfeasance
4 D’s of Negligence
Duty
Dereliction of Duty
Direct Cause
Damage
The thing speak for itself
Res ipsa loquitor
Present evidence
Res ipsa loquitor
Let the master answer
Respondeat superior
Liability assessment
Respondeat superior
Forms of Intentional Torts
Assault and Battery
Defamation of Character
False imprisonment
Invasion of privacy
Verbally cursing or threatening
Assault
Requires physical contact
Battery
Reputation was harmed
Defamation of Character
Written communication
Libel
Spoken defamation
Slander
Illegal confinement
False imprisonment
Made public against will
Invasion of Privacy
