Unit 7: Legal Liability of Worker Flashcards
is a system of principles and processes promulgated and strictly enforced by the state to
regulate the conduct of its citizens and as a means of resolving conflicting interests.
Law
Three General Sources of Law
- Constitution
- Legislation (Statutory Laws)
- Common Law
- the fundamental or the basic law of the land.
Constitution
- laws enacted by the law-giving body of the state
Legislation (Statutory Laws)
- the body of principles that evolves from court decisions
Common Law
. - the body of laws that deals with relationships between individuals and the government, and the government agencies.
It includes numerous regulations such as ( administrative code and labor code aimed to enhancing societal objectives.
Public Law
General Types of Law
- Public Law
- Private or Civil Law
- which deals with the safety and welfare of an individual, or the protection of
private interests.
Criminal Law
- the body of laws that deals with the relationship of private individuals.
. Private or Civil Law
- involves the enforcement of agreement among private individuals or that
penalties for failure to observe the agreement.
Contract Law
- defines and enforces rights and responsibilities among private individuals that are
not based on contractual agreements.
Tort Law
Law under public law
Criminal Law
Law under private law
Contract Law
Tort Law
is an act in violation of the public (criminal) law punishable by fine, or imprisonment or
even death.
Crime
is a crime against person and property of a serious nature.
Felony
when the act is performed with deliberate intent,
deceit
when the wrongful act results from imprudence, negligence, and lack of skill.
fault
Classes of felonies
Consummated
Frustrated
Attempted
- when all the elements necessary for its execution and accomplishment
are present.
Consummated
- when the offenders performs all the act of execution which, as a
consequence, would have resulted in a felony. But the offended failed his/her action of a
crime.
. Frustrated
- are persons who take part directly in carrying out the wrongful act or those who directly compel or entice others to commit it or those who cooperate in the commission of the
offense by another act without which the crime would not have been accomplish
Principals (Revised Penal
Code Act. 17)
when the offender does not perform all the acts of execution which should be produce the felony by reason of some causes or accident other than his own
spontaneous desistance.
Attempted-
- is an offense of a less serious nature. Usually a violation to city ordinance or
pity crimes also punishable by a fine or short-term imprisonment, or both.
Misdemeanour
Classification of criminal liability
- Principals
- Accomplices
- Accessories
are those person before the act, who not being principals the direct
participation, inducement or cooperation, through another act essential to the consummation of
the crime, cooperate in the execution of the offense by previous or simultaneous acts
Accomplices (Revised
Penal Code. Act, 18).
are those who having no knowledge of the commission of the crime
and without having participated
. Accessories (Revised Penal Code Act, 19):
Circumstances affecting criminal liability
- Justifying Circumstances
- Exempting Circumstances
- Mitigating Circumstances
- Aggravating Circumstances
- Alternative Circumstances
The following
are exempted by law from criminal liability for the crime they may have committed:
a. An imbecile or an insane person,
b. A person under nine years
c. A person over nine years of age and under fifteen, unless he has acted with discernment.
d. Any person who, while performing a lawful act with due care, causes an injury by mere
accident, without fault or intention causing it.
e. Any person who acts under compulsion of irresistible force
f. Any person who acts under the impulse of an uncontrollable fear of an equal or greater
injury
g. Any person who fails to perform an act required by law when prevented by some lawful or
insuperable cause
Circumstances that do not constitute a justification or excuse of the offense in question, but which, in fairness and mercy, may be considered as reducing the degree of moral responsibility.
. Mitigating Circumstances
Surrounding the emission of a crime may be justified by reason of which the offender does not
render himself criminally liable.
Justifying Circumstances
Those which increase the criminal liability of the offender or make his guilt more severe.
. Aggravating Circumstances
Are those which most be taken into consideration either as aggravating or mitigating,
depending on the nature and effect of the crime.
Alternative Circumstances
violations of public (criminal) and civil laws.
- Criminal Negligence
- Physical Injury
- Sexual Harrasment
- Act of Lasciviousness
- Grave Scandal
- Defamation
- Libel
- Theft or Larceny
- Graft and Corruption
Indicates a deficiency of perception, or a flagrant and reckless disregard of the safety of others
and willful indifference to the injury liable to follow from an act.
Criminal Negligence
Two classes of criminal negligence:
Reckless Imprundence
Simple Imprudence
- it happens when one does an act, or fails to do an act voluntarily
but without malice, from which act or omission a material damage results because of the
offender’s inexcusable lack of precaution, taking into consideration his employment in
occupation, degree of intelligence, physical condition, and other circumstances regarding
persons, time and place.
aReckless Imprudence
- a person is guilty of this crime if he shows lack of precaution those
cases in which the damage about to be caused is not immediate or in which the impending
danger is not evident or manifest.
Simple Imprudence
May be serious or slight depending upon the nature and character of the wound afflicted and their
consequences on the person of the victim.
Physical Injury
2 types of physical injury
Serious Physical Injury
Slight Physical Injury
jury - is the consequence of the deliberate act of wounding, beating, or assaulting.
committed if the injury has rendered a person permanently in capacitated for
the work in which he is regularly engaged, or if the injury made the person ilk and
incapacitated for the work he has regularly engaged for more than thirty days.
. Serious Physical In
- to injuries not describe as serious, but which incapacitate the
offended party for labor for the days or more, but not more than thirty days.
Slight Physical Injury
- acts that tend to excite lust; conduct that is voluptuous or lewd
emotion.
Act of Lasciviousness
defines sexual harassment as an act committed by an employer, teacher, instructor, professor, coach, Trainor or any other person who, having authority, influence or moral ascendancy over another in a work, training or education
environment demands, requests or otherwise require any sexual favor from the other, regardless
of whether the demand, request or requirement for submission is accepted by the object of said
act.
Anti-Sexual Harassment Act of 1995
the law also
sanctions other scandalous acts that offend decency or good customs, and are committed in
public places or are committed within the view or knowledge of the public
Grave Scandal
are committed when a person embraces, kisses or holds a woman’s breasts
Acts of Lasciviousness
- refers to a public and malicious imputation of crime, or a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstances tending to dishonor,
discredit, or contempt of a natural or judicial person, or too blacken the memory of one who is
dead.
Defamation
committed by means of writing, printing, lithography, engraving, radio, phonograph,
painting or any similar means.
Again, if imputation made in writing is made maliciously then it is
defamatory, otherwise, it does not constitute a crime.
Libel -
applies to any act of taking property against the will of the owner, whether
by stealth, confrontation or fraud, whether done quickly or cautiously, and whether large or small
amount of stolen goods is involved
. Theft or Larceny
- most perennial problem plaguing both the government and private
sectors. A worker is guilty of this offense when he uses his position for dishonest gain, when he
demands or receives for personal use a fee, gift or other valuable things in the course of his official
duties.
Graft and Corruption
