Terms Flashcards

1
Q

no foreign dentist can take an examination unless the country to which he was a citizen permits filipinos to practicd

A

Reciprocity Provision

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2
Q

notice to respondent that an action has been commenced against him

A

Summon

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3
Q

processdirected to a person requiring him to attend & testify at the hearing or trial

A

Subpoena

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4
Q

things & files that the person needs to bring hik

A

Subpoena duces tecum

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5
Q

period of time in which legal action can take place

A

Statute of Limitations

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6
Q

writ of which the government begins its action to recover an office or franchise from the person in possession of it

A

Quo Warranto

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7
Q

writ or order in which higher court reviews decision of the lower court

A

Certiorari

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8
Q

failure without legal reason to comply with the terms of contract

A

Breach of Contract

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9
Q

declares his intention of not performing before performance is due

A

Anticipatory Breach of Contract

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10
Q

happens during the course of performance

A

Actual Breach of Contract

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11
Q

the thing speaks for itself

A

Res Ipsa Loquitur

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12
Q

hear before it condemns

A

Due Process of Law

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13
Q

“we command” Judicial writ issued as command to an inferior court to perform public/ statutory duty

A

Mandamus

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14
Q

order requiring the person to refrain from an act

A

Injunction

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15
Q

to refrain from doing an act & not intended to provide remedy for acts already accomplished

A

Prohibition

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16
Q

legal doctrine commonly used in tort. Employer is legally responsible for the wrongful acts done by employess

A

Doctrine of Respondent Superior - let the master answer

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17
Q

person who has been given the appearance of being an employess or acting for another

A

Doctrine of Ostensible Agent / Holding Out Theory

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18
Q

person who borrows am employee becomes liable for the employee actions

A

Borrowd Servant Doctrine

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19
Q

head surgeon will be liable for the negligent acts of other people under his control

A

Captain of thenShip Doctrine

20
Q

when someone is held responsible for the actions of omissions of another person

A

Vicarious Liability

21
Q

Liable of his own action

A

Doctrine of Independent Contractor

22
Q

failure to investigate non-response of a px after a prolonged tx

A

Doctrine of Continuing Negligence

23
Q

when one is injured as result of risk that is known he cannot sue for the loss

A

Doctrine of Assumption of Risk

24
Q

it the rescuer is hurt or put in danger inthe course of rescue cause of negligence or intentional wrond doing of another

A

Rescue Doctrine

25
Q

respect of self determination

A

Autonomy

26
Q

doing what is best for the px

A

Beneficence

27
Q

fair allocation of resources

A

Justice

28
Q

accuracy & conformity to facts

A

Veracity

29
Q

unintentional killin of another person

A

Homicide

30
Q

intentional killing of another person

A

Murder

31
Q

with force

A

Robbery

32
Q

without force

A

Theft

33
Q

felonies committed witn intent

A

Dolo

34
Q

felonies committed without intent

A

Culpa

35
Q

event related to injury , cause was foreseeable

A

Proximate cause

36
Q

“But for” if the harm occurred without the wrongful act, the act is cause in fact

A

Cause in fact

37
Q

matter once tried & cannot be retried

forbids a party from relitigstomg a claim that was or should have been raised prior to litigation

A

Res Judiciat (Claim Preclusion)

38
Q

prevents to relitigate an issue

A

Collateral Estoppel (Issue Preclusion)

39
Q

civil wrong against a person or a person’s property; wrongful act that results in injury to a person

A

Tort

40
Q

act was done on purpose; no harm , injury or damage is needed to be held liable

A

Intentional Tort

41
Q

threat or attemptto touch or inflict verbal or physical attack on a person

A

Assault

42
Q

offensive touch or use of force on a person without consent

A

Battery

43
Q

oral defemation

A

Slander

44
Q

written defamation

A

Libel

45
Q

do not requires intent but do require the element of harm

A

Unintentional Tort